Complete Works of Edmund Spenser

by Edmund Spenser

  EUDOXUS I perceve your porpose; but nowe if you have thus strongly made waye unto your reformacon, as that I see the people soe humbled and prepared that they will and muste yeald to any ordynance that shalbe geuen them, I doe much desire to understand the same; for in the beginninge you promised to shewe a mean howe to redresse all those inconveniences and abuses, which you shewed to be in that state of governmente, which nowe standeth ther, as in the lawes, customes, and religione: wherin I woulde gladlye knowe firste, whether, in steed of those lawes, you would have newe lawes made? for nowe, for oughte that I see, you maye doe what you please.

  IRENIUS I see, Eudoxus that yowe well remember our firste porpose, and doe rightlye contynue the course thereof. Firste therfore to speake of lawes, since we firste begane with them, I doe not thinke yt convenient, though nowe it be in the power of the Prince to change all the lawes and make newe; for that should bread great toble and confusione, aswell in the Englishe now dwellinge and to be planted, as alsoe in the Irishe. For the Englishe, havinge bene trained upp alwayes in the Englishe governement, will hardely be enduced unto any other, and the Irishe wilbe better drawne to the Englishe, then the Englishe to the Irishe governmente. Therfore since wee cannot nowe applie lawes fitte to the people, as in the firste institutione of comone-welthes it ought to be, wee will applye the people, and fitt them to the lawes, as it most conveniently maye be. The lawes therfore we resolve shall abyde in the sam sorte that they doe, bothe Commone Lawes and Statutes, onlye suche defectes in the Comone Lawe, and inconveniens in the Statutes, as in the begininge wee noted, and as men of deep insighte shall advise, may be changed by some other newe actes and ordynances to be [by] a Parlymente there confirmed: as those of tryalls of Ples of the Crowne, and private righte betwene parties, colorable convaiances, [and] accessaries.

  EUDOXUS But howe will those be redressed by Parlimente, when as the Irishe, which swaye moste in Parlamente, as you said, shall oppose them selves againste them?

  IRENIUS That maybe well avoyded: for nowe that soe manye free-holders of Englishe shalbe established, they togeather with Burgesses of townes, and such other loyall Irishe men as may be preferred to be Knightes of the shire, and such like, wilbe able to beard and counterpose the reste; whoe alsoe, beinge nowe broughte more in awe, will the more easelye submite to anye such ordynances as shalbe for the good of them selves, and that realme generallye.

  EUDOXUS You say well, for the incresse of the Freholders, for ther nombers will hereby be greatlye augmented; but howe shall it passe throughe the higher house, [which] will styll consiste all of Irishe?

  IRENIUS Marie, that alsoe maye be redressed by example of that which I hard was donne in the like case, by Kinge Edwarde the Theerd, as I remember, whoe, beinge greatly barred and crossed by the billes of the Clargie, they beinge then by reasone of the Lord Abbote and others, too many and stronge for them, soe her could not for there forwardnes, order and reforme thinges as he desiered, was advised to dyrecte forth his writtes to certaine Gentlemen, and of the beste abilitye and truste, intitlinge them therin Barrons, to serve and sytt as Barrons in the next Parlyment. By which meanes he had soe manye Barons in his Parlamente, as were able to weighte downe the Clarge and there frendes: the which Barons they saye, were not afterwardes lordes, but onely Barronits, as sundrye of them doe yett retayne the name. And by the like devise her Majestie maye nowe likewise curbe and cut shorte those Irishe unrulye lordes that hinder all good proceedinges.

  EUDOXUS It semeth noe lesse then for reforminge of all those inconveniente statutes which yee noted in the beginninge, and redressinge of all those evell costomes, and lastelye, for settinge sounde religione amongest them: mee thinkes yee should not neade anye more to over-goe those particulers againe, which you menconed, nor anye other which might besides be remembred, but to leave to the reformacon of such a Parlamente, in which, by the good care of the Lord Deputye and Consell, they maye all amende. Therfore nowe that you maye come come to that genarall reformacon which you spake of, and bringinge in of all that establishement, by which you said all men should be conteyned in duetie ever after, without the terror of warlike forces, or violent wrestinge of thinges by sharpe punyshmente.

  IRENIUS I will soe at your pleasure, the which me semes by noe meanes can be better plotted, then by example of suche other Realmes as have ben annoyed with the like evelles, Ireland nowe is, and useth styll to be. And firste in this Realme of England, yt is manifeste, by the reporte of the Cronycles and other aunciente writers, that it was greatly infected with robbers and outelawes, which lurked in woodes and faste places, whence they vsed often tymes to breake forth into the highe wayes, and sometymes into smale villages to robbe and spoyle. For redresse whereof it is written that Kinge Allured, or Alfride, whoe then raigned, did devide the relme into shires, and the shires into hundredes, [and the hundredes] into rapes, Rapentackes, and wapentackes into tythinges: So that tenn tythinges made an hundred, and five made a laythe or weapentacke, of which tenn, eache one was bounde for another, and the eldest or best of theme, whom they called the Tythingman or Bourroghsolder, that is, the eldest plege, became suretye for all the reste. Soe that if anye one of theme did starte into anye undutiful actione, the Burroughsolder was bounde to bringe hyme forth, whoe joyninge eftesones with all his tythinge, would folowe the loose persone through all places, till they brought hyme in. And if all the tythinge fayled, then all the lathe was charged for the tythinge, and if that lathe fayled, then all the hundreth was demanded for theme; and if the hundreth, then the shire, whoe joyninge eftsones altogether, would not rest tyll they had founde oute and delyvered in, that unlawfull felowe which was not ameanable to lawe. And herin yt semed, that that good Saxon Kinge folowed the Consell of Jethro to Moyses, who advised hyme to devide the people into hundreds, and to sette Captaines and wise men of trust over them, which shoulde take the charge of them, and ease hyme of that burden. And soe did Romulus, as you may reade, devyde the Romaines into trybbes, and the tribbes into centuryons or hundreds. By this ordynaunce this Kinge brought this realme of Englande, which before was most trooblesome, unto that quiet state, that noe one badd person could stirre that he was [not] streighte taken hould of by those his tythinge, and ther Burrowsolder, whoe beinge his neighboure or next kindesman was pryvie to all his wayes, and loked narrowly to his life. The which institutione yf it were observed in Irland, would worke that effecte which it did in Englande, and kepe all men within the Compasse of duetie and obedyence.

  EUDOXUS This is contrary to that you said before; for, as I remember, you said that ther was a greate disproportione betwene Englande and Irlande, soe as the lawes which were fittinge of the one would not fitt the other. Howe comes it then nowe, that ye would transferre a principall institutione from Englande to Irland?

  IRENIUS This lawe was not made by a Norman conqueror, but by a Saxon Kinge, being at what tyme England was verye like to Irland, as nowe it standes: for it was, I tould you, annoyed greatly with robbers and outlawes, which trobled the whole realme, everye corner havinge in it a Robyn Hoode, that kept all woodes, and spoiled all passingers and inhabitants, as Irland nowe haith; soe as, me semeth, this ordynance would fitt verye well, and bring them all into one.

  EUDOXUS Then, when you have thus tithed the commonaltye, as you say, and set Burrowsolders over them all, what would you doe when yee came to the gentlemen? would you hold the same corse?

  IRENIUS Yee, marye, most specially; for this you must knowe, that all the Irishe almoste boste them selves to be gentlemen, noe lesse then the Welchmen; for if he cane deryve hymselfe from the heade of a sept, as most of them can, they are [so] experte by there Bardes, then soe holdeth hyme selfe a gentleman, and thereupon scorneth eftsones to worke, or vse anye harde laboure, which he saith is the liese of a pessant or churle; but thenceforth either becometh a horseboye, or a stocage to some kerne, inuring hyme selfe to his weapone, and to the generall traide of stealinge, (as they count it). Soe that if a gentleman, or anye worthye yoman of them, have anye childrene, the
eldeste of them perhappes shalbe kepte in some order, but all the reste shall shifte for them selves, and fall to this occupacon. And it is a commen use amongest some of there beste gent[lemen] tenantes sonnes, that soe soone as they are able to use there weapons, they streight gether to themselves three or foure strauglers, or kernes, with whome wanderinge a while idellye vpe and downe the countrye, takinge onlye meate, he at laste falleth unto some badde occasione that he shalbe offrede, which beinge once made knowen, he is thencforthe counted a mane of worth, in whom there is corrage; whereupon there drawe to hime manye other like loose younge men, which, stirringe hime up, with encouragement, provoke hyme shortlye to flatte rebellion; and this happens not onlye in the sonnes of gentle[men], but oftentymes by there noblemen, specially there base borne sonnes, as there are fewe without some of them. For they are not onlye not ashamed to acknowledge them, but alsoe to boste of them, and use them in such secrett services as they themselves will not be seen in, as to plauge there enemyes, spoyle there neighbores, to oppresse and crush some of [their] owne to to stubborne freholders, which are not tractlable to their badde willes. Two such bastardes of the Lord Roche’s there are nowe out in Mounster, whom he doth not only countenance but alsoe pryvilye mainteyne and relyve mightely amongest his tenantes. Such other is thereof the Erle of Clancarte in Desmond, and manye otheres in many other places.

  EUDOXUS Then it semeth that this ordynance of tythinge them by the pole is not only fitt for the gentlemen, but alsoe for the noblemen, whom I would [have] thought to have bene soe honourable mynded, as that they should not need suche a base kinde of lyvinge, being bounde to there allegance, [who] should rather have held in and stayed all others from undutifulnes, then need to be forced thereunto them selves.

  IRENIUS Yet soe it is, Eudoxus but yet because that noblemen cannot be tythed, there beinge not manye tythinges of them, and because a Barrowe holder over them should not only be a great indignitye, but alsoe a danger to adde more power to them then they have, or to make one the comander of tenne, I holde it meet that there were onelye sewerties taken of them, and one bounde for another, wherbye, if anye shall swarve, his sewerties shall for safegarde of ther bandes bringe hyme in, or seeke to serve upon him: and besydes, I would wish them all to be sworne to her Majestie, which they never yet were, but at the first creatyon; and that oath would sure contayne them greatly, or the breach of yt bringe them to shorter vengence, for God useth to punishe perjurye sharply. So I read, in the raigne of Edward the 2, and also of Henry the 7, when the tymes were very broken, that there was a corporate oath taken, of all the lordes and best gentlemen of fealty to the Kinge, which nowe is noe lesse nedfull, because many of them are suspected to have taken an other oath privylie to some badd purpose, and therupon they have receaved the Sacramente, and ben sworne to a preist, which they thinke bindeth them more then theire alleagance to their Prince, or love of their countrye.

  EUDOXUS This tythinge of the common-people, and takinge suretyes of lordes and gentlemen, I like very we, but that it wilbe very troblesome: should yt not be as well to have to have them all booked, and the lordes and gentlemen to take all meaner sorte upon themselves? for they are best able to bringe them in, whensoever any of them started out.

  IRENIUS This inded Eudoxus hath bene hitherto, and yet is a comon order amongst them, to have all the people booked by lords and gentlemen, but yt is the worst order that ever was devised; for by this bokinge of men, all the inferyour sort are brought under the commaundes of theire lords, and forced to followe them into any actyon whatsoever. Now this ye are to understand, that all the rebellyons which ye see from tyme to tyme hapen in Ireland, are not begune by the comon people, but by the lords and captaines of countryes, upon pride or wilfull obstanacye against the government, which whensoever they enter into, they drawe with them all their people and such followers, as thinke themselves bound to goe with them, because they have boked them and undertaken for them. And this is the reasone that you have fewe such badd occasyons here in England by reason that the noble men howeever they should hapen to be evill disposed, have no commande at all over the comynalty, though dwellinge under them, because every man standeth upon himselfe, and buildeth his fortunes upon his own fayth and firme assurance: the which this manner of tythinge the powles will worke also in Ireland. For by this the people are broken into many small parts, like lytle streames, that they canot easely come together into one heade, which is the princypall regard that is to be had in Ireland to kepe them from growinge into such a head, and adheringe unto greate men.

  EUDOXUS But yet I canot see how this can be brought about, without doinge greate wrong unto the noble men there; for at the conquest of the realme, those greate signoryes and lordships were given them by the King, that they should bee the stronger againste the Irish, by the multitude of followers and tennauntes under them: all which hould their tenementes of them by fealtye, and such services, wherby they are by the first graunte of the King, made bound unto them, and tyed to rise out with them upon all occasyons of service. And this I have often heard, that when the Lord Deputies have raysed any generall ostinges, the noble men have claymed the leadinge of them, by graunt from the Kings of England inder the Greate Seale exhibyted; so as the Deputye[s] would not refuse them to have the leadinge of them, or yf they did, they would so worke, as none of they[r] followers should rise forth to the ostinge.

  IRENIUS Yee say very true; but will ye see fruite of those grauntes? I have knowne when those lords have had the leadinge of theire owne followers under them to the generall ostinges, that they have for the same cut upon every plowland within their country forty shillinges or more, wherby some of them have gathered above vij. or viij. c. li., and others much more into there purse, in lieue wherof they have gathered unto themselves a nomber of lose kernes out of all parts, which they have caryed forth with them, to whome they never gave penny of entertaynment, allowed by the contry or forced by them, but let them feed upon the contryes, [and] extorte upon all men where they cam; for thatpeople will never aske better entertaynment then to have a collour of service or imployment geven them, by which they will powle and spoile so outragiously, that the very enemy cannot do much worse: and besides turne them to the enemy.

  EUDOXUS It semes the first intents of these grauntes was against the Irish, which now some of them use against the Queene her selfe: But now what remedye is there for this? or how can these grauntes of the Kinges be avoyded, without wronge of those lords which had those landes and lordships geven them?

  IRENIUS Surely they may be well enough; for most of those lords, since the first grantes from the Kings by whome these landes were geven them, have sence bestowed the most parte of them amongst theire kinsfolke, as everye lord perhaps in his tyme hath geven one or another of his principall castells to his yonger sonnes and other to others, as largly and as amply as they were given to him; and others they have sold, and others bought, which were not in theire first grauntes, which nowe neverthelesse they bringe within the compas therof, and take and exacte upon them, as theire first demeanes of all thiose kindes of services, yea and the very wilde Irishe exactyons as Coynie and Lyverye for him, and such like, by which they pole and utterly undoe the pore tennantes and frehoulders under them, which ether through ignorance knew not theire tennors, or through greatnes of theire newe lords dare not chalenge them; yea, and some lords of countryes also, as greate ones as themselves, are nowe by stronge hand brought under them, and made theire vassalls. As for example Arundell of the Strande in the County of Corke, who was auncyently a greate lord, and able to spend 3500 li. by the yeare, as apeareth by good recordes, is nowe become the Lord Barrye’s man, and doth to him all those services, which are due unto her Majestie. For reformacon of which, I wish that theire were a commissyon graunted forth under the Great Seale, as I have seene one recorded in the ould councell Boke in Mounster: that was sent forth in the tyme of Sir William Drurye unto persons of specyall trust and judgment to enquire thoroughout all Ireland, beginninge in one countye first
and so restinge a while untill the same were setled, by the verdicte of a sounde and substantyall jurye, howe every man houldeth his landes, of whome and by what tennor, so that everye one should be admitted to shewe and exhibite what right he hath, and by what services he houldeth his lande, whether in cheife or in soccage, or in knight service, or els soever. Thereupon would apeare, first howe all those greate English lords do claime those greate services, what signoryes they usurpe, what wardships they take from the Queene, what landes of hers they concealde: and then, howe those Irish captaines have encroched upon the Queenes frehoulders and tennantes, how they have translated the tennors of them from English houldinge into Irish Tanistre, and defeated her Majestie of all her right and duetyes whcih are to acrew to her therabout, as wardshipps, liveryes, marriages and fines of allyenacons, with many other comodyties; which nowe are kepte and conceald from her Majesty to the vallowe of 60000 li. yearely, I dare undertake, in all Ireland, by that which I knowe in one countye.