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any country is by law, he can never change the whither? Into the realm of England. And in laws, for that they create his title; and, therefore, the seventh chapter, that erects the ports of no doubt those duchies retained their own laws; Bourdeaux and Bayonne for the staple towns of which if they did, then they could not be subject wine; the statute ordains, "that if any," but who? to the laws of England. And next, again, the "English merchant, or his servants, shall buy or fact or practice was otherwise, as appeareth by bargain otherwhere, his body shall be arrested by all consent of story and record: for those duchies the steward of Gascoigne, or the constable of continued governed by the civil law, their trials Bourdeaux:" true, for the officers of England by witnesses, and not by jury, their lands testa- could not catch him in Gascoigne ; but what mentary, and the like. shall become of him? shall he be proceeded with within Gascoigne ? No, but he shall be sent over into England into the Tower of London. And this doth notably disclose the reason of that custom which some have sought to wrest the other way: that custom, I say, whereof a form doth yet remain, that in every parliament the king doth appoint certain committees in the Upper House to receive the petitions of Normandy, Guienne, and the rest; which, as by the former statute doth appear, could not be for the ordering of the governments there, but for the liberties and good usage of the subjects of those parts when they came hither, or vice versa," for the restraining of the abuses and misdemeanours of our subjects when they went thither.

Now, for the colours that some have endeavoured to give, that they should have been subordinate to the government of England; they were partly weak, and partly such as make strongly against them for as to that, that writs of "habeas corpus" under the great seal of England have gone to Gascoigne, it is no manner of proof; for that the king's writs, which are mandatory, and not writs of ordinary justice, may go to his subjects into any foreign parts whatsoever, and under what seal it pleaseth him to use. And as to that, that some acts of parliament have been cited, wherein the parliaments of England have taken upon them to order matters of Gascoigne : if those statutes be well looked into, nothing doth more plainly convince the contrary, for they intermeddle with nothing but that that concerneth either the English subjects personally, or the territories of England locally, and never the subjects of Gascoigne for look upon the statute of 27 E. III. cap. 5; there it is said, that there shall be no forestalling of wines. But by whom? Only by English merchants; not a word of the subjects of Gascoigne, and yet no doubt they might be of fenders in the same kind.

Wherefore I am now at an end. For us to speak of the mischiefs, I hold it not fit for this place, lest we should seem to bend the laws to policy, and not to take them in their true and natural sense. It is enough that every man knows, that it is true of these two kingdoms, which a good father said of the churches of Christ: “si inseparabiles insuperabiles." Some things I may have forgot, and some things, perhaps, I may forget willingly; for I will not press any opinion So in the sixth chapter it is said, that all or declaration of late time which may prejudice merchants Gascoignes may safely bring wines the liberty of this debate; but "ex dictis, et ex into what part it shall please them: here now are non dictis," upon the whole matter I pray judg the persons of Gascoignes; but then the placement for the plaintiff.

TRACTS RELATING TO IRELAND.

CERTAIN CONSIDERATIONS

TOUCHING

THE PLANTATION IN IRELAND.

PRESENTED TO HIS MAJESTY, 1606.

TO THE KING.

It seemeth God hath reserved to your majesty's | wherein likewise your majesty hath yet a fortune times two works, which amongst the works extraordinary, and differing from former examples of kings have the supreme pre-eminence; the in the same kind. For most part of unions and union, and the plantation of kingdoms. For plantations of kingdoms have been founded in although it be a great fortune for a king to deliver the effusion of blood: but your majesty shall or recover his kingdom from long continued build "in solo puro, et in area pura," that shall calamities: yet, in the judgment of those that need no sacrifices expiatory for blood; and therehave distinguished of the degrees of sovereign|fore, no doubt, under a higher and more assured honour, to be a founder of estates or kingdoms, blessing. Wherefore, as I adventured, when I excelleth all the rest. For, as in arts and sciences, to be the first inventor is more than to illustrate or amplify and as in the works of God, the creation | is greater than the preservation; and as in the works of nature, the birth and nativity is more than the continuance: so in kingdoms, the first foundation or plantation is of more noble dignity and merit than all that followeth. Of which foundations there being but two kinds; the first, that maketh one of more; and the second, that maketh one of none: the latter resembling the creation of the world, which way "de nihilo ad quid:" and the former, the edification of the church, which was "de multiplici ad simplex, vel ad unum:" it hath pleased the divine providence, in singular favour to your majesty, to put both these kinds of foundations or regenerations into your hand: the one, in the union of the island of Britain; the other, in the plantation of great and noble parts of the island of Ireland. Which enterprises being once happily accomplished, then that which was uttered by one of the best orators, in one of the worst verses, " O fortunatam natam me consule Romam!" may be far more truly and properly applied to your majesty's acts; "natam te rege Britanniam; natam Hiberniam." For he spake improperly of deliverance and preservation; but in these acts of yours it may be verified more naturally. For indeed unions and plantations are the very nativities of birth-days of kingdoms;

was less known and less particularly bound to your majesty, than since by your undeserved favour I have been, to write somewhat touching the union, which your majesty was pleased graciously to accept, and which since I have to my power seconded by my travails, not only in discourse, but in action: so I am thereby encouraged to do the like, touching this matter of plantation; hoping that your majesty will, through the weakness of my ability, discern the strength of my affection, and the honest and fervent desire I have to see your majesty's person, name, and times, blessed and exalted above those of your royal progenitors. And I was the rather invited this to do, by the remembrance, that when the lord chief justice deceased, Popham, served in the place wherein I now serve, and afterwards in the attorney's place; he laboured greatly in the last project, touching the plantation of Munster: which, nevertheless, as it seemeth, hath given more light by the errors thereof, what to avoid, than by the direction of the same, what to follow.

First, therefore, I will speak somewhat of the excellency of the work, and then of the means to compass and effect it.

For the excellency of the work, I will divide it into four noble and worthy consequences that will follow thereupon.

The first of the four, is honour; whereof I have spoken enough already, were it not that the harp

of Ireland puts me in mind of that glorious emblem or allegory, wherein the wisdom of antiquity did figure and shadow out works of this nature. For the poets feigned that Orpheus, by the virtue and sweetness of his harp, did call and assemble the beasts and birds, of their natures wild and savage, to stand about him, as in a theatre; forgetting their affections of fierceness, of lust, and of prey; and listening to the tunes and harmonies of the harp; and soon after called likewise the stones and woods to remove, and stand in order about him which fable was anciently interpreted of the reducing and plantation of kingdoms; when people of barbarous manners are brought to give over and discontinue their customs of revenge and blood, and of dissolute life, and of theft, and of rapine; and to give ear to the wisdom of laws and governments;. whereupon immediately followeth the calling of stones for building and habitation; and of trees for the seats of houses, orchards, enclosures, and the like. This work, therefore, of all other most memorable and honourable, your majesty hath now in hand; especially, if your majesty join the harp of David, in casting out the evil spirit of superstition, with the harp of Orpheus, in casting out desolation and barbarism.

The second consequence of this enterprise is, the avoiding of an inconvenience, which commonly attendeth upon happy times, and is an evil effect of a good cause. The revolution of this present age seemeth to incline to peace, almost generally in these parts; and your majesty's most Christian and virtuous affections do promise the same more especially to these your kingdoms. An effect of peace in fruitful kingdoms, where the stock of people, receiving no consumption nor diminution by war, doth continually multiply and increase, must in the end be a surcharge or overflow of people, more than the territories can well maintain; which many times insinuating a general necessity and want of means into all estates, doth turn external peace into internal troubles and seditions. Now what an excellent diversion of this inconvenience is ministered, by God's providence, to your majesty, in this plantation of Ireland; wherein so many families may receive sustentation and fortunes; and the discharge of them also out of England and Scotland may prevent many seeds of future perturbations: so that it is, as if a man were troubled for the avoidance of water from the place where he hath built his house, and afterwards should advise with himself to cast those waters, and to turn them into fair pools or streams, for pleasure, provision, or use. So shall your majesty in this work have a double commodity, in the avoidance of people here, and in making use of them there.

The third consequence is the great safety that is like to grow to your majesty's estate in general by this act in discomfiting all hostile attempts

of foreigners, which the weakness of that kingdom hath heretofore invited: wherein I shall not need to fetch reasons afar off, either for the general or particular. For the general, because nothing is more evident than that, which one of the Romans said of Peloponnesus: "Testudo intra tegumen tuta est ;" the tortoise is safe within her shell: but if she put forth any part of her body, then it endangereth not only the part which is so put forth, but all the rest. And so we see in armour, if any part be left naked, it puts in hazard the whole person. And in the natural body of man, if there be any weak or affected part, it is enough to draw rheums or malign humours unto it, to the interruption of the health of the whole body.

And for the particular, the example is too fresh, that the indisposition of that kingdom hath been a continual attractive of troubles and infestations upon this estate; and though your majesty's greatness doth in some sort discharge this fear, yet with your increase of power it cannot be, but envy is likewise increased.

The fourth and last consequence is the great profit and strength which is like to redound to your crown, by the working upon this unpolished part thereof: whereof your majesty, being in the strength of your years, is like, by the good pleasures of Almighty God, to receive more than the first-fruits; and your posterity a growing and springing vein of riches and power. For this island being another Britain, as Britain was said to be another world, is endowed with so many dowries of nature, considering the fruitfulness of the soil, the ports, the rivers, the fishings, the quarries, the woods, and other materials; and especially the race and generation of men, valiant, hard, and active, as it is not easy, no, not upon the continent, to find such confluence of commodities, if the hand of man did join with the hand of nature. So, then, for the excellency of the work, in point of honour, policy, safety, and utility, here I cease.

For the means to effect this work, I know your majesty shall not want the information of persons expert and industrious, which have served you there, and know the region nor the advice of a grave and prudent council of estate here; which knew the pulses of the hearts of people, and the ways and passages of conducting great actions; besides that which is above all, which is that fountain of wisdom and universality which is in yourself; yet, notwithstanding, in a thing of so public a nature, it is not amiss for your majesty to hear variety of opinion: for, as Demosthenes saith well, the good fortune of a prince or state doth sometimes put a good motion into a fool's mouth. I do think therefore the means of accomplishing this work consisteth of two principal parts. The first, the invitation and encouragement of undertakers; the second, the order and policy of the

foundation made upon matter of pleasure, otherwise than that the very general desire of novelty and experiment in some stirring natures may work somewhat; and therefore it is the other two points, of honour and profit, whereupon we are wholly to rest.

For honour or countenance, if I shall mention to your majesty, whether in wisdom you shall think convenient, the better to express your affection to the enterprise, and for a pledge thereof, to add the earldom of Ulster to the prince's titles, I shall but learn it out of the practice of King Edward I., who first used the like course, as a mean the better to restrain the country of Wales : and, I take it, the Prince of Spain hath the addition of a province in the kingdom of Naples: and other precedents I think there are: and it is like to put more life and encouragement into the undertakers.

Also, considering the large territories which are to be planted, it is not unlike your majesty will think of raising some nobility there; which, if it be done merely upon new titles of dignity, hav

project itself. For as in all engines of the hand there is somewhat that giveth the motion and force, and the rest serveth to guide and govern the same so it is in these enterprises or engines of estate. As for the former of these, there is no doubt, but next unto the providence and finger of God, which writeth these virtues and excellent desires in the tables of your majesty's heart; your authority and affection is "primos motor" in this cause; and therefore the more strongly and fully your majesty shall declare yourself in it, the more shall you quicken and animate the whole proceeding. For this is an action, which is as the worthiness of it doth bear it, so the nature of it requireth it to be carried in some height of reputation, and fit, in mine opinion, for pulpits and parliaments, and all places to ring and resound of it. For that which may seem vanity in some things, I mean matter of fame, is of great efficacy in this case. But now let me descend to the inferior spheres, and speak what co-operation in the subjects or undertakers may be raised and kindled, and by what means. Therefore, to take plain grounds, which are the surest: all men are drawn into ac-ing no manner of reference to the old; and if it tions by three things, pleasure, honour, and profit. But before I pursue these three motives, it is fit in this place to interlace a word or two of the quality of the undertakers: wherein my opinion simply is, that if your majesty shall make these portions of land which are to be planted, as rewards or as suits, or as fortunes for those that are in want, and are likeliest to seek after them; that they will not be able to go through with the charge of good and substantial plantations, but will deficere in opere medio;" and then this work will succeed, as Tacitus saith, "acribus initiis, fine incurioso." So that this must rather be an adventure for such as are full, than a setting up of those that are low of means; for those men indeed are fit to perform these undertakings, which were fit to purchase dry reversions after lives or years, or such as were fit to put out money upon long returns.

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I do not say, but that I think the undertakers themselves will be glad to have some captains, or men of service, intermixed among them for their safety; but I speak of the generality of undertakers, which I wish were men of estate and plenty.

Now, therefore, it followeth well to speak of the aforesaid three motives. For it will appear the more, how necessary it is to allure by all means undertakers since those men will be least fit, which are like to be most in appetite of themselves; and those most fit, which are like least to desire it.

First, therefore, for pleasure; in this region or tract of soil, there are no warm winters, nor orange trees, nor strange beasts, or birds, or other points of curiosity or pleasure, as there are in the Indies and the like: so as there can be found no VOL. II.-24

be done also without putting too many portions into one hand: and, lastly, if it be done without any great franchises or commands, I do not see any peril can ensue thereof. As, on the other side, it is like it may draw some persons of great estate and means into the action, to the great furtherance and supply of the charges thereof.

And, lastly, for knighthood, to such persons as have not attained it; or otherwise knighthood, with some new difference and precedence, it may, no doubt, work with many. And if any man think, that these things which I propound, are "aliquid nimis" for the proportion of this action, I confess plainly, that if your majesty will have it really and effectually performed, my opinion is, you cannot bestow too much sunshine upon it. For "lunæ radiis non maturescit botrus." Thus much for honour.

For profit, it will consist in three parts:

First, The easy rates that your majesty shall be pleased to give the undertakers of the land they shall receive.

Secondly, The liberties which you may be pleased to confer upon them. When I speak of liberties, I mean, not liberties of jurisdiction, as counties palatine, or the like, which it seemeth hath been the error of the ancient donations and plantations in that country, but I mean only liberties tending to commodity; as liberty to transport any of the commodities growing upon the countries new planted; liberty to import from hence all things appertaining to their necessary use, customfree; liberty to take timber or other materials in your majesty's woods there, and the like.

The third is, ease of charge; that the whole mass of charge doth not rest upon the private purse of the undertakers.

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For the two former of these, I will pass them that business. For although your majesty have over; because in that project, which with good diligence and providence hath been presented to your majesty by your ministers of that kingdom, they are in my opinion well handled.

For the third, I will never despair, but that the parliament of England, if it may perceive, that this action is not a flash, but a solid and settled pursuit, will give aid to a work so religious, so politic, and so profitable. And the distribution of charge, if it be observed, falleth naturally into three kinds of charge, and every of those charges respectively ought to have his proper fountain and issue. For as there proceedeth from your majesty's royal bounty and munificence, the gift of the land, and the other materials; together with the endowment of liberties; and as the charge which is private, as building of houses, stocking of grounds, victual, and the like, is to rest upon the particular undertakers: so whatsoever is public, as building of churches, walling of towns, town-houses, bridges, causeways, or highways, and the like, ought not so properly to lie upon particular persons, but to come from the public estate of this kingdom; to which this work is like to return so great an addition of glory, strength, and commodity.

For the project itself, I shall need to speak the less, in regard it is so considerately digested already for the county of Tyrone: and therefore my labour shall be but in those things wherein I shall either add to, or dissent from that which is set down; which will include five points or articles. First, they mention a commission for this plantation: which of all things is most necessary, both to direct, and appease controversies, and the like. To this I add two propositions: the one, that which perhaps is meant, though not expressed, that the commissioners should for certain times reside and abide in some habitable town of Ireland, near in distance to the country where the plantation shall be; to the end, both that they may be more at hand, for the execution of the parts of their commission; and withal it is like, by draw ing a concourse of people and tradesmen to such towns, it will be some help and commodity to the undertakers for things they shall stand in need of: and, likewise, it will be a more safe place of receipt and store, wherein to unlade and deposit such provisions as are after to be employed.

For,

a grave and sufficient council in Ireland; from whom, and upon whom, the commissioners are to have assistance and dependence; yet that supplies not the purpose whereof I speak. considering, that upon the advertisements, as well of the commissioners, as of the council of Ireland itself, there will be many occasions to crave directions from your majesty and your privy council here, which are busied with a world of affairs; it cannot but give greater expedition, and some better perfection unto such directions and resolutions, if the matters may be considered of aforehand by such as may have a continual care of the cause. And it will be likewise a comfort and satisfaction to some principal undertakers, if they may be admitted of that council.

Secondly, There is a clause wherein the undertakers are restrained, that they shall execute the plantation in person; from which I must dissent, if I will consent with the grounds I have already taken. For it is not probable that men of great means and plentiful estate will endure the travel, diseasements, and adventures of going thither in person: but rather, I suppose, many will undertake portions as an advancement for their younger children or kinsfolks; or for the sweetness of the expectation of a great bargain in the end, when it is overcome. And, therefore, it is like they will employ sons, kinsfolks, servants, or tenants, and yet be glad to have the estate in themselves. And it may be, some again will join their purses together, and make as it were a partnership or joint adventure; and yet man forth some one person by consent, for the executing of the plantation.

Thirdly, There is a main point, wherein I fear the project made hath too much of the line and compass, and will not be so natural and easy to execute, nor yet so politic and convenient: and that is, that the buildings should be "sparsim" upon every portion; and the castle or principal house should draw the tenements and farms about it, as it were into villages, hamlets, or endships; and that there should be only four corporate towns for the artificers and tradesmen.

My opinion is, that the buildings be altogether in towns, to be compounded as well of husbandries as of arts. My reasons are,

First, When men come into a country vast, and The second is, that your majesty would make a void of all things necessary for the use of man's correspondency between the commission there, life, if they set up together in a place, one of and a council of plantation here: wherein I war- them will the better supply the wants of another: rant myself by the precedent of the like council work-folks of all sorts will be the more continuof plantation for Virginia; an enterprise in my ally on work without loss of time; when, if work opinion differing as much from this, as Amadis fail in one place, they may have it fast by; the de Gaul differs from Cæsar's Commentaries. But ways will be made more passable for carriages to when I speak of a council of plantation, I mean those seats or towns, than they can be to a numsome persons chosen by way of reference, upon ber of dispersed solitary places; and infinite other whom the labour may rest, to prepare and report helps and easements, scarcely to be comprehended things to the council of estate here, that concern in cogitation, will ensue in vicinity and society of

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