alwayes to impute the blame therof unto the heavens, so to excuse their own folly and imperfections: so have I also heard it often wished, (even of some whos great wisedome in [my] opinion should seme to judg more soundly of so weighty a consideracon) that all that land weare a sea-poole: which kind of speach, is the manner rather of desperate men far driven, to wish the utter ruine of that which they cannot redresse, then of grave counsellors, which ought to thinck nothing so hard, but that through wisdome, it may be maistered and subdued ; since the poet sayth, that the wiseman shall rule even over the starrs, much more over the earth: for weare it not the part of a desperate phisition to wish his diseased patient dead, rather then to imploy the best indevours of his skill for his recovery: but since we are so far entred, let us I pray you, devise of those evills, by which that country is held in this wretched case, that it cannot, as you say, be recured. And if it be not painfull to you, to tell us what things during your late continuance ther, you observed, to be most offensive, and impeachfull, unto the good rule and government thereof.

Iren. I will then according to your advisement, begin to declare the evills which seme to be most hurtful 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.

Eudox. 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 fear 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 much over-shote your selfe, and make me the more dislike your other dislikes of that government.

Iren. The lawes Eudox., 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 unreasonablenesse

* Ment, from menge to mix.

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 disanulled or quite prevaricated through chang and alteration of times, yet are they good still 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 evill which they would not.

... 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 worke ill, and pervert justice to extreame injustice: ffor he that would transfer the lawes of the Lacedemonians to the people of Athens should find a great absurdity and inconvenience for those lawes of Lacedemon were devised by Licurgus, as most proper and best agreeing with that people, whom he knew to be inclined altogether to warrs, and therefore wholy trayned them up even from ther cradles in armes and military exercises, cleane 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 armes, the other exceded in knowledg: the like regard and moderation ought to be had in tempering and menaging of this stubburn nation of the Irish, to bring them from their delight of licensious barbarisme unto the love of goodnesse and civillity.

Eudox. 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 people 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.

Iren. 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 broyles, 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 continewall presence of the King, whos onely person is oftentimes in stead of an army, to contayne the unruly people from a thousand evill occasions, which that wretched kingdome, is for want thereof daily carried into.

Eudox. Truly Irenius, what with the prayses of your countrie, and what with the lamentable Dysolucon thereof made by those ragtailes in Scotland, you have fylled me with a greate compassion of theire calamaties, that I doe moch pittie_that sweet land, to be subject to so many evills, as everie daie I see more and more throwen upon her, and doe halfe begynne to thinke, that it is, as you said at the begynnynge, her fatall misfortune, above all countries that I knowe, to be thus miserablie tossed and turmoiled with theis variable stormes of afflictions: But synce wee are thus far entred into the consideracon of her mishappes, tell me, have there ben any more such tempestes, as you terme them, wherein she hath thus wretchedlie ben wracked?

Iren. All these which you have named, and many more besides, often tymes have I right well knowne, to kyndle greately fyres of tumultuous troubles in the countries bordering uppon them. All which to rehearse should rather be to Chronicle tymes, then to searche into the reformacon of abuses in that Realme and yet verie nedefull it wilbe to consider them, and the evills which they have stirred upp, that some redresse thereof, and prevencon of the evills to come, may thereby rather be devysed. But I suppose wee shall have a fitter oportunity for the same, when wee shall speake of the particular abuses and enormities of the government, which wilbe next after these generall defectes and inconveniences, which I sai were in the lawes, customes, and religion.

Eudox. Goe to them in gods name, and followe the course which yee have purposed to your selfe, for yt fitteth best I must confesse with the purpose of our discorse. Declare your

opynion, as you begon, about the lawes of the Realme, what incomoditie you have conceived to be in them, chiefly in the comon lawe, which I would have thought most free from all such dislike.

Iren. The comon lawe is, as I before said, of it selfe most rightfull and verie convenient, I suppose, for the kingdom for which it was first devized; for this I thinke, as yt seemes reasonable, that out of the manners of the people, and abuses of the countrie, for which they were invented, they tooke theire first begynninge, for else they should be most unjust for no lawes of man, accordinge to the straight rule of right, are just, but as in regard of evills which they prevent, and the safetie of the comon weale which they provide for.

Eudox. Nowe truelie, Irenius, yee have meseemes, very well handled this pointe touchinge inconvenyences in

the Coñon Lawe there, by you observed; and yt seemeth that you have had a myndefull regard unto the thinges that may concerne the good of that Realme. And yf you cann aswell goe through with the Statute Lawes of that lande, I will thincke you have not lost all your tyme there. Therefore, I praye you, nowe take them to you in hande and tell us what you thincke to bee amisse in them.

Iren. The Statutes of that realme are not manie, and therefore wee shall the sooner rune through them. And yet of those fewe there are sondrie impertinent and unnecessarie: the which perhappes though at the tyme of the makinge of theme were very nedeeful, yet nowe through chainge of tyme are cleane antiquated, and altogether idle: As that which forbiddeth any to weare theire beardes all on theire upper lip, and none under the chynne, and that which putteth away saffron shirts and smockes, and that which restrayneth the using of guylte bridles and pettronells, and that which appointed to the recorders and Clarkes Dubline and Drodagh [=Drogheda], to take but ijd. for the Coppie of a playnte, and that which comaundeth bowes and arrowes, and that which maketh that all Irishmene that shall converse amonge the Englishe shalbe taken for spies, and soe punished, and that which forbiddeth persons ameanable to lawe to enter and distrayne in the lands in the which they have tittle; and many other the like which I coulde rehearse.

Eudox. These, trulie, which you have repeated, seeme very fryvolous and fruitles; for by the breach of them little dammage or inconvenience caun come to the Comon-Wealthe, neither, indeede, yt any transgresse them, shall he seeme worthie of punishment, scare of blame, savinge be that they abide by the names of lawes. But lawes ought to be suche, as that the keepinge of them should be greatlie for the behoofe of the Comon-Wealth, and the violatinge of them should be very haynous, and sharply punishable. But tell us of some more weightie dislikes in the Statutes then these, and that may more behouefule importe the reformacon of them.

Iren. There is one or twoe statutes which make the wrongfull destrayninge of any mans goods against the forme of Comon Lawe to be fellony. The which statutes seeme surelie to have benn at firste meant for the greate good of that Realme, and for restrayninge of a fowle abuse, which then raigned comonly amongst that people, and yet is not altogether layed aside; that when any one was indebted to another, he would first demaunde his debt, and, yf he were not paied, he would

streighte goe and take a distres of his goods or Cattell, where he could finde them, to the value: which he would keepe tyll he was satisfied, and this the simple Churle (as they call him) doth comonly use to doe yet, thorough ignorance of his misdoing, or evill use that hath long settled amongest them. But this, though it be most unlawfull, yet surely me seemes to hard to make it death, since there is no purpose in the partie to steale the others goods, or to conceale the distres, but doth yt openly, for the most parte before witnesses. And againe, the same statutes are soe slackelie pende, besides that latter of them is so vnsensiblye contryved that yt scarce carieth any reason in yt, that they are often and very easily wrested to the fraude of the subjecte; as yf one goinge to distrayne upon his land or Tenemente, where lawfully he may, yet yf in doinge thereof he transgres the leaste point of the Comon Lawe, he streightlie comitteth fellonie. Or if one by any other occasion take any thing from another, as boyes use sometimes to cap one another, the same is straight fellony. This is a very harde lawe.

Eudox. Nevertheles the evill use of distrayninge another mans goods, you will not deny but is to be abolished and taken awaye.

Iren. Yt is soe, but not by takinge awaye the subjecte withall; for that is to violent a medycine, speciallie this use beinge permitted, and made lawfull to some, and to other some, death. As to most of the Corporate Townes there, it is granted by theire charter, that they may, every man by himselfe, without an officer (for that were more tollerable) for any debt, to distrayne the goods of any Irishe, beinge founde within theire liberty, or but passing through theire Townes. And the first permissyon of this was for that in those tymes when that graunt was made, the Irishe were not amesnable to lawe, soe as yt was not saiftie for the Townesman to goe to him forth to demaund his debt, nor possible drawe him into lawe, soe that he had leve to be his own bayliffe, to arrest his saide debtors goods within his owne franchise. The which the Irish seinge, thought yt as lawfull for them to distrayne the Townesmans goods in the countrey where they found yt. And soe [by] ensample of that graunt to Townes-men, they thought yt lawfull, and made yt an use to distrayne one anothers goods for smale debtes. And to say truth, me thinkes yt hard for every tryflyng debt of 2 or 35. to be dryven to lawe, which is soe farre from them sometymes to be sought; for which me thinkes yt were an heavy ordinance to geve death, especyally to a rude man that is ignorant of