XLVI. Ireland. difficult task still remained; to civilize the inhabitants, CHAP. to reconcile them to laws and industry, and to render their subjection durable and useful to the crown of Eng- 1612. land. James proceeded in this work by a steady, regular, State of and well-concerted plan; and in the space of nine years, according to Sir John Davis, he made greater advances towards the reformation of that kingdom, than had been made in the four hundred and forty years which had elapsed since the conquest was first attempted". It was previously necessary to abolish the Irish customs, which supplied the place of laws, and which were calculated to keep that people for ever in a state of barbarism and disorder. By the Brehon law or custom, every crime, however enormous, was punished, not with death, but by a fine, or pecuniary mulct, which was levied upon the criminal. Murder itself, as among all the ancient barbarous nations, was atoned for in this manner; and each man, according to his rank, had a different rate or value affixed to him, which if any one were willing to pay, he needed not fear assassinating his enemy. This rate was called his eric. When Sir William Fitzwilliams, being lord-deputy, told Maguire, that he was to send a sheriff into Fermannah, which, a little before, had been made a county, and subjected to the English law: Your sheriff, said Maguire, shall be welcome to me: but let me know, beforehand, his eric, or the price of his head, that, if my people cut it off, I may levy the money upon the county. As for oppression, extortion, and other trespasses, so little were they regarded, that no penalty was affixed to them, and no redress for such offences could ever be obtained. The customs of Gavelkinde and Tanistry were attended with the same absurdity in the distribution of property. The land, by the custom of gavelkinde, was divided among all the males of the sept, or family, both bastard and legitimate: and, after partition made, if any of the sept died, his portion was not shared out among his sons, but the chieftain, at his discretion, made a new partition of all the lands, belonging to that sept, and gave every one his share. As no man, by reason of this custom, enjoyed d King James's Works, p. 259, edit. 1613. f Ibid. p. 167. XLVI. CHAP. the fixed property of any land, to build, to plant, to enclose, to cultivate, to improve, would have been so much lost labour. 1612. The chieftains and the tanists, though drawn from the principal families, were not hereditary, but were established by election, or, more properly speaking, by force and violence. Their authority was almost absolute; and, notwithstanding that certain lands were assigned to the office, its chief profit resulted from exactions, dues, assessments, for which there was no fixed law, and which were levied at pleasure. Hence arose that common byword among the Irish, That they dwell westward of the law, which dwelt beyond the river of the Barrow; meaning the country where the English inhabited, and which extended not beyond the compass of twenty miles, lying in the neighbourhood of Dublin". After abolishing these Irish customs, and substituting English law in their place, James, having taken all the natives under his protection, and declared them free citizens, proceeded to govern them by a regular administration, military as well as civil. A small army was maintained, its discipline inspected, and its pay transmitted from England, in order to keep the soldiers from preying upon the country, as had been usual in former reigns. When Odoghartie raised an insurrection, a reinforcement was sent over, and the flames of that rebellion were immediately extinguished. All minds being first quieted by a general indemnity', circuits were established, justice administered, oppression banished, and crimes and disorders of every kind severely punished. As the Irish had been universally engaged in the rebellion against Elizabeth, a resignation of all the rights, which had been formerly granted them to separate jurisdictions, was rigorously exacted; and no authority, but that of the king and the law, was permitted throughout the kingdom'. A resignation of all private estates was even required; and when they were restored, the proprietors received them under such conditions as might prevent, for the future, all tyranny and oppression over the common g Sir John Davis, p. 173. k Ibid. p. 264, 265, &c. h Ibid. p. 237. 1 Ibid. p. 276. i Ibid. p. 263. people. The value of the dues, which the nobles usually CHAP. claimed from their vassals, was estimated at a fixed sum,, XLVI. and all farther arbitrary exactions prohibited under severe 1612. penalties". The whole province of Ulster having fallen to the crown by the attainder of rebels, a company was established in London, for planting new colonies in that fertile country the property was divided into moderate shares, the largest not exceeding two thousand acres: tenants were brought over from England and Scotland: the Irish were removed from the hills and fastnesses, and settled in the open country: husbandry and the arts were taught them a fixed habitation secured: plunder and robbery punished: and, by these means, Ulster, from being the most wild and disorderly province of all Ireland, soon became the best cultivated and most civilized" Such were the arts by which James introduced humanity and justice among a people who had ever been buried in the most profound barbarism. Noble cares! much superior to the vain and criminal glory of conquests, but requiring ages of perseverance and attention to perfect what had been so happily begun. A laudable act of justice was, about this time, executed in England upon Lord Sanquhir, a Scottish nobleman, who had been guilty of the base assassination of Turner, a fencing-master. The English nation, who were generally dissatisfied with the Scots, were enraged at this crime, equally mean and atrocious; but James appeased them, by preferring the severity of law to the intercession of the friends and family of the criminal. m Sir John Davis, p. 278. n Ibid. p. 280. • Kennet, p. 688. CHAP. XLVII. Nov. 6th. Death of Prince CHAPTER XLVII. DEATH OF PRINCE HENRY. - MARRIAGE OF THE PRINCESS ELIZABETH WITH THIS year the sudden death of Henry, prince of Wales, diffused an universal grief throughout the nation. Though 1612. youth and royal birth, both of them strong allurements, prepossess men mightily in favour of the early age of princes, it is with peculiar fondness that historians mention Henry; and, in every respect, his merit seems to have been extraordinary. He had not reached his eighteenth year, and he already possessed more dignity in his behaviour, and commanded more respect, than his father, with all his age, learning, and experience. Neither his high fortune, nor his youth, had seduced him into any irregular pleasures: business and ambition seem to have been his sole passion. His inclinations, as well as exercises, were martial. The French ambassador, taking leave of him, and asking his commands for France, found him employed in the exercise of the pike; Tell your king, said he, in what occupation you left me engaged. He had conceived great affection and esteem for the brave Sir Walter Raleigh. It was his saying, Sure no king but my father would keep such a bird in a cage. He seems indeed to have nourished too violent a contempt for the king on account of his pedantry and pusillanimity, and by that means struck in with the restless and martial spirit of the English nation. Had he lived, he had probably promoted the glory, perhaps not the felicity, of his people. The unhappy prepossession, which men commonly entertain in favour of ambition, courage, enter a The French monarch had given particular orders to his ministers to cultivate the prince's friendship; who must soon, said he, have chief authority in England, where the king and queen are held in so little estimation. See Dep. de la Boderie, vol. i. p. 402. 415; vol. ii. p. 16. 349. b Coke's Detection, p. 37. prise, and other warlike virtues, engages generous natures, CHAP. who always love fame, into such pursuits as destroy their XLVII. own peace, and that of the rest of mankind. Violent reports were propagated, as if Henry had been carried off by poison; but the physicians, on opening his body, found no symptoms to confirm such an opinion. The bold and criminal malignity of men's tongues and pens spared not even the king on the occasion. But that prince's character seems rather to have failed in the extreme of facility and humanity, than in that of cruelty and violence. His indulgence to Henry was great, and perhaps imprudent, by giving him a large and independent settlement, even in so early youth. 1612. The marriage of the Princess Elizabeth, with Frederic, 1613. Elector Palatine, was finished some time after the death of the prince, and served to dissipate the grief which arose on that melancholy event. But this marriage, Feb. 14. Marriage though celebrated with great joy and festivity, proved of the itself an unhappy event to the king, as well as to his son- Princess in-law, and had ill consequences on the reputation and with the fortunes of both. The elector, trusting to so great an Palatine. alliance, engaged in enterprises beyond his strength; and the king, not being able to support him in his distress, lost entirely, in the end of his life, what remained of the affection and esteem of his own subjects. Elizabeth Somerset. Except during sessions of Parliament, the history of this reign may more properly be called the history of the court than that of the nation. An interesting object had, Rise of for some years, engaged the attention of the court; it was a favourite, and one beloved by James with so profuse and unlimited an affection, as left no room for any rival or competitor. About the end of the year 1609, Robert Carre, a youth of twenty years of age, and of a good family in Scotland, arrived in London, after having passed some time in his travels. All his natural accomplishments consisted in good looks: all his acquired abilities, in an easy air and graceful demeanour. had letters of recommendation to his countryman Lord Hay; and that nobleman no sooner cast his eye upon him, than he discovered talents sufficient to entitle him immediately to make a great figure in the government. e Kennet, p. 690. Coke, p. 37. Welwood, p. 272. He |