Complete Works of Edmund Spenser

by Edmund Spenser

  IRENIUS I will then according to your advisement, begin to declare the evills which seme to be most hurtfull to the comon-weale of that land: and first, those which I sayd were most ancient and long growne: and they are also of 3 kinds; the first in the lawes, the second in customes, the last in religion.

  EUDOXUS :Why, Irenius, can there be anie evill in the lawes? can things which are ordayned for the safetie and good of all, turne to the evill and hurt of them? This well I wote both in that state and in all other, that were they not contayned in doutie with feare of lawe which restrayneth offences, and inflicteth sharpe punishment to misdoers, no man should enjoy anie thing, everie mans hand would be against another. Therfore in finding fault with the lawes I doubt me you shall muche over-shote your selfe, and make me the more dislike your other dislikes of that government.

  IRENIUS The lawes Eudoxus, I doe not blame for them selves, knowing that all lawes are ordayned for the good of the common weal and for repressing of licensiousnesse and vice: but it falleth out in lawes, no otherwise then it doth in Phisick, which was at first devized, and is yet dayly ment and ministred for the health of the patient: but neverthelesse we often se that either through ignorance of the disease, or unseasonablenesse of the time, or other accidents comming betwene, in stead of good it worketh hurt, and out of one evill, throweth the patient into many miseries: so the lawes were at first intended for the reformacon of abuses, and peaceable continuance of the subjects: but are since either disannulled or quite prevaricated through chang and alteration of times, yet are they still good in them selves: but to that common wealth which is ruled by them they worke not that good which they should, and sometimes also perhaps that evil which they would not.

  EUDOXUS Whether do you meane this by the common lawes of the realme or by the statute lawes and acts of parliament?

  IRENIUS Surely by them both: for even the common lawes, being that which William of Normandy brought in with his conquest and layd upon the neck of England, though it perhaps fitted well with the state of England then being, and was readily obeyed through the power of the commander which had before subdued the poeple to him, and made easy way to the setting of his will; yet with the state of Ireland peradventure it doth not so well agre, being a poeple altogether stubborn and vntamed and, if it were once tamed, yet now lately having quite shaken of ther yoke and broken the bands of ther obedience. For England, before the entrance of the Conqueror, was an unpeaceable kingdome, and but lately entred to the mild and godly goverment of King Edward surnamed the confessor; besides now lately growne unto a lothing and detestation of the unjust and tirannous rule of Harold, an usurper, which made them the more willing to accept of any reasonable condicons and order of the new Victor, thincking surely it could be no worse than the latter, and hoping well it would be as good as the former: yet what the proofe of the first bringing in and establishing of the lawes was, was to many full bitterly made knowne. But with Ireland it is far otherwise: for it is a nation ever acquainted with warrs, though but amongest them selves, and in ther owne kind of military disciplin, trayned up from ther youths: which they have never yet bin tought to lay aside, nor made to learne obedience unto the law, scarsely to know the name of law, but in stead therof have alwayes preserved and kept ther owne law, which is the Brehon law.

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

  IRENIUS It is a certaine rule of right, unwritten, but delivered by tradition from one to an other, in which oftentimes there appereth great shew of equity, in determining the right betwene part and party, but in many things repugning quite from gods law and mans, as for example, in the case of murther. The Brehon that is ther judg, will compound betwene the murtherer, and the frends of the party murthered, which prosecute the action, that the malefactor shall give unto them, or to the child, or wife of him that is slaine, a recompence, which they call an Iriach; by which vile law of thers, many murders are amongest them made up and smothered. And this judg being, as he is called, the Lords Brehon, adjudgeth for the most part a better share unto his Lord, that is the Lord of the soyle, or the head of that septe, and also unto him self, for his judgment, a greater portion than unto the plaintifes or parties grieved.

  EUDOXUS This is a most wicked law indede: but I trust it is not now used in Ireland, since the kings of England have had the absolute dominion therof, and established ther owne lawes there.

  IRENIUS Yes truly, for ther are many wide countries in Ireland, in which the lawes of England were never established, nor any acknowledgement of subjection made: and also even in those which are subdued and seme to acknowledg subjection, yet the same Brehon law is privily practised amongest them selves, by reason that dwelling as they do, whole nations and septs of the Irish together, without any Englishman amongest them, they may do what they list, and compound or altogether conceale amongest them selves ther owne crimes, of which no notice can be had by them which would and might amend the same, by the rule of the lawes of England.

  EUDOXUS What is this which you say? and is ther any part of that realme, or any nacon therin, which have not yet been subdued to the crowne of England? Did not the whole realme universally accept and acknowledg our late Prince of famous memory, Henry the eighth, ther ownely King and liege Lord?.

  IRENIUS Yes, verily: in a parliament held in the time of Sir Anthony Saint-Leger, then Lord Deputy, all the Irish Lords and principall men came in, and being by faire means wrought thereunto, acknowledged King Henry for their Soveraigne Lord, reserving yet, as some say, unto them selves, all ther owne former privileges and signories inviolate.

  EUDOXUS Then by that acceptance of his soveraignety they also accepted of his lawes: why then should any other laws be now used amongest them?

  IRENIUS Trew it is that therby they bound them selves to his lawes and obedience, and in case it had been followed against them, as it should have bin, and a goverment therupon presently settled amongest them agreeable therunto, they should have bin reduced to perpetuall civillity and contayned in continuall duty: but what boots it to breake a colt, and to let him streight run lose at randome? so were this people at first well handled, and wisely brought to acknowledg allegiance to the King of England: but being straight left unto them selves, and ther owne inordinate life and manners, they eftsones forgot what before they were taught, and so sone as they were out of sight by them selves, shooke of their bridles, and began to colt anew, more licensiously than before.

  EUDOXUS It is great pitty, that so good an opportunity was omitted, and so happy an occasion foreslacked, that might have bred the eternall good of that land: but do they not still acknowledg that submission?

  IRENIUS No, they do not; for now the heirs and posterity of them which yeilded, the same are, as they say, either ignorant therof, or do willingly deny, or steadfastly disavow it.

  EUDOXUS How can they so do justly? doth not the act of the parent, in any lawfull grant or conveyance, bind his heires forever therunto? Sith then the ancestors of thes that now live yeilded them selves their subjects and liege men, shall it not ty ther children to the same subjection?

  IRENIUS They say no: for ther ancestours had had no estate in any ther lands, Seigniories, or hereditaments, longer than during ther owne lives, as they allege: for all the Irish do hould ther lands by Tanistrie, which is to say, no more but a personall estate for his lifetime, that is Tanist. By reason that he is admitted therunto by election of the country.

  EUDOXUS What is this you call Tanist and Tanistrie? they be names and tearmes never heard of or knowne to us.

  IRENIUS It is a custome amongest all the Irish, that presently after the death of any their chiefe Lords or Captaines, they do presently assemble them selves to a place, generally appoynted and knowne unto them, to chose an other in his stead: where they do nominate and elect, for the most part, not the eldest sonne, nor any of the children of ther Lord deceased, but the next to him of blood, that is, the eldest and worthiest, as commonly the next brother un
to him, if he have any, or the next couzine germane, or so forth, as any is elder in that kindred or sept: and then next to him do those chose the next of the blood to be Tanist, who shall next succeede him in the said Captenry, if he live therunto.

  EUDOXUS Do they use any ceremony in this election? for all barberous nacons are commonly great observers of cerimonies and superstitious rights.

  IRENIUS They use to place him that shall be their Captaine, upon a stone alwayes reserved for that purpose, and placed commonly upon a hill: in many of the which I have seen the fote of a man formed and graven, which they say was the measure of ther first Captaines foot, wheron he standing receiveth an oath to preserve all the former auncient customes of the country inviolable, and to deliver up the succession peaceably to his Tanist, and then has a wand delivered unto him by some, whose proper office that is: after which, discending from the stone, he turns him selfe round, thrice forwarde and thrice backward.

  EUDOXUS But how is the Tanist chosen?

  IRENIUS They say he setteth but one fote upon the stone, and receiveth the like oath the Captaine did.

  EUDOXUS Have you ever heard what was the occasion and first beginning of this custome? for it is good to know the same, and may perhaps discover some secret meaning and intent therein, very materiall to the state of that government.

  IRENIUS I have heard that the beginning and cause of this ordinance amongest the Irish, was specially for the defence and maintenance of ther land in ther posterity, and for excluding all innovacon or alienation therof unto strangers and especially to the English: For when ther Captaine dieth, if the Seigniory should discend unto his child, and he perhaps an infant, an other might perhaps step in betwene and thrust him out by strong hand, being then vnable to defend his right, or to withstand the force of a forayner: and therfore they do appoynt the eldest of the kin to have the seigniory, for that he commonly is a man of stronger yeares, and better experience to maintain the inheritance, and to defend the country, either against the next bordering Lords, which use commonly to incroch one upon another as each one is stronger, or against the English, which they thinck ly still in wayte to wipe them out of ther lands and territories. And to this end the Tanist is always ready knowne, if it should happen the Captaine suddenly to dy or be slayne in batayle, or to be out of the country, to defend and kepe it from all such doubts and dangers. [F]or which cause the Tanist hath also a share of the country allotted unto him, and certaine cuttings and spendings upon all the inhabitants under the Lord.

  EUDOXUS When I heare this word Tanist it bringeth to my remembrance what I have read of Tania, that it should signify a province or Seignory [as] Aquitania, Lusitania, and Britania, the which some do thinck to be derived of Dania, that is, from the Danes: but, I thinck, amisse, for sure it semeth that it came anciently from those barberous nacons that overrane the world, which possessed those dominions, whereof they are now so called. And so it may well be that from thence the first originall of this word Tanist and Tanistry came, and the custome therof has since, as many others, else bin continued: but to that generall subjection of the land, wherof we formerly spake, me semes that this custome or tenure can be no bar nor impeachment, seing that in open parlyament by ther said acknowledgement they waived the benefit therof, and submitted them selves to the ordinance of ther new soveraigne.

  IRENIUS Yea but they say, as I earst tould you, that they reserved ther titles, tenures, and seigniories whole and sound to them selves, and for proofe alleged that they have ever since remayned to them untouched, so as now to alter them they say shoul’d be a great wrong.

  EUDOXUS What remedy is ther then, or means to avoyde this inconvenience, for, without first cutting out this dangerous custom, it semeth hard to plant any sound ordinance, or reduce them to a civill government, since all ther evill customes are permitted unto them.

  IRENIUS Surely nothing hard; for by this act of parlament wherof we speake, nothing was given to King Henry, which he had not before from his auncestors, but onelie the bare name of a King: [f]or all other absolute power of principallity he had in him selfe before derived from many former Kings, his famous progenitours and worthy conquerors of that land, the which since they first conquered and by force subdued vnto them, what neede he afterward to enter into any such idle tearmes with them to be called ther King, when as it is in the power of the Conqueror to take upon him self what title he will over his dominions conquered: for all is the conqueror’s, as Tully to Brutus saith: and therfore me semes in stead of so great and meritorious a service, as they boast they performed to the King, in bringing all the Irish to acknowledge him for ther liege, they did great hurt to his title, and have left a perpetuall gall in the mind of that people, who before being absolutely bound to his obedience, are now tyed but with tearmes whereas both ther lives, ther lands, and their liberties were in his fre power to appoynt, what tenures, what lawes, what condicions he would over them, which were all his: against which ther could be no rightful [re]sistance, or if there were, he might, when he would, establish them with a stronger hand.

  EUDOXUS Yea, but perhaps it semed better vnto that noble King to bring them by ther owne accord to his obedience, and to plant a peaceable goverment amongest them, then by such violent means to pluck them under. Neither yet hath he therby lost any thing that he formerly had: for having al before absolutely in his owne power, it remayneth so still, he having neither forgiven nor foregon anything therby unto them, but having received something from them, that is a more voluntary and loyall subjection. So as her Majestie may yet, when it shall please her, alter any of thos former ordinances or appoynt other lawes, that may be more both for her own behoofe, and for the good of that poeple.

  IRENIUS Not so, for it is not so easy, now that things are growne into an habit and have ther certaine course, to change the channell, and turn ther streames an other way; for they may have now a collourable pretence to withstand such innovasion, having accepted of other lawes and rules alredy.

  EUDOXUS But you say they do not accept of them, but delight rather to leane to the ould customes and Brehon lawes, though they be much more vnjust, and also more inconvenient for the common poeple, as by your late relacion of them I gathered. As for the lawes of England, they are surely most just and most agreeable both with the goverment and with the nature of the poeple: how falls it out then, that you seme to dislike of them, as not so meete for that realm of Ireland, and not onely the common law, but also the statutes and acts of parlament, which were specially provided and intended for the onely benefit therof?

  IRENIUS I was about to have tould you my reason therin, but that you your self drew me away with other questions, for I was shewing you by what means, and in what sort, the positive lawes were first brought in and established by the Norman Conqueror: which were not by him devised, nor applyed to the state of the realme then being, nor as it might best be, (as should by lawgivers be principally regarded,) but were indede the very lawes of his owne country of Normandy: the condicon wherof, how far it differeth from this of England, is apparent to everie least judgment. But to transfer the same lawes for the governing of the realme of Ireland, was much more inconvenient and unmete: for he found a better advantage of the time, then was in the planting of them in Ireland, and followed the execution of them with more severity, and was also present in person to overloke the magistrates, and to over awe the subjects with the terror of his sword, and countenance of his Majestie. But not so in Ireland: for they were otherwise effected, and yet not so remayned, so as the same lawes, me semes, can ill fit with their disposicion, or work that reformacon that is wished: for lawes ought to be fashioned unto the manners and condicons of the people to whom they are ment, and not to be imposed upon them according to the simple rule of right: for then, as I sayd, in stead of good they may work ill, and pervert justice to extreame injustice: [f]or he that would transfer the lawes of the Lacedemonians to the poeple of Athens should find a great absurdity and inconvenience: for those lawes of Lacedemon were devised by Li
curgus, as most proper and best agreeing with that people, whom he knew to be inclined altogether to warrs, and therfore wholy trayned them up even from ther cradles in armes and military exercises, clean contrary to the institution of Solon, who, in his lawes to the Athenians labored by all means to temper ther warlike courages with swete delights of learning and sciences, so that as much as the one excelled in arms, the other exceded in knowledg: the like regard and moderation ought to be had in tempering and managing of this stubburn nation of the Irish, to bring them from their delight of licensious barbarisme unto the love of goodnesse and civillity.

  EUDOXUS I cannot se how that may better be then by the discipline of the lawes of England: for the English were, at first, as stout and war like a poeple as ever were the Irish, and yet ye se are now brought to that civillity, that no nacon in the world excelleth them in all godly conversacon, and all the studies of knowledg and humanity.

  IRENIUS What they now be, both you and I se very well; but by how many thorny and hard wayes they are come therunto, by how many civill broyls, by how many tumultuous rebellions, that even hazard[ed] often times the whole safety of the kingdome, may easily be considered: all which they neverthelesse fairely overcame, by reason of the continewal presence of the King, whos onely person is oftentimes in stead of an army, to contayne the unruly poeple from a thousand evill occasions, which that wretched kingdome, is for want therof daily carried into. The which when they so make head, no lawes, no penalties can restraine, but that they do in the violence of that fury, tread doune and trample under foote all both divine and humane things, and the lawes themselves they do specially rage at, and rend in peces, as most repugnant to ther liberty and naturall fredome, which in ther madnesse they effect.