English laws not extended beyond the pale. 43 the Clergy, and through them to induce the nation to acquiesce in his assumption of the dominion of Ireland. It is notorious that each of these articles was, at this period, more strictly observed in Ireland than in Britain.

We are told by Matthew Paris, that in this same year, 1172, a council was also held at Lismore, where the English system of legislature was established; but as no mention is made of that important meeting by Giraldus, it is probable that it has been confounded with the synod at Cashel, over which the Bishop of Lismore presided. The fact of the English laws being established in Ireland at this period is strongly denied by the Irish historians, and as strongly maintained by the British. The former say, that the English laws were neither received nor practised out of the English pale till the reign of James I. and their assertion is confirmed by Baron Finglass, who, as late as the days of Henry VIII. confesses, "that the English statutes passed in Ireland are not observed eight days after passing, whereas those laws and statutes made by the Irish on their bills, they keep firm and stable without breaking through them for any favour or reward." If, indeed, Henry had the power to enforce obedience to the laws of England it might fairly be presumed, that he also possessed the power of subjugating the whole country; but we find, upon indubitable authority, that he possessed no such power; for though the public submissions of the princes of

44 Peace signed between Roderick and Henry.

Munster, Leinster, Ossory, and the Deasies, had given him authority over a considerable part of Ireland, still he made no hostile attempts whatever to extend his power over the other provinces. He remained, however, six months in the country, and passed his Christmas at Dublin; but such was the mean state of that city, that no house could be found in it sufficiently large for the accommodation of his houshold, and he was obliged to construct one of twigs and wattles, according to the custom of the country.

It is certain, however, that the English form of government was introduced by Henry among his own followers; and that form of government was adopted by some and rejected by others, until it was finally confined to what was called the pale, which did not comprehend the twentieth part of the kingdom. His power in Ireland was certainly of a very equivocal nature, and during his whole stay we find nothing remarkable, except his being acknowledged King of Leath Mogha. In 1175, however, a formal peace was concluded at Windsor between Roderick's ministers on one side, namely, Catholicus, Archbishop of Tuam; St. Lawrence O'Toole, Archbishop of Dublin; the Abbot of St. Brandon, and Dr. Lawrence, chaplain and chancellor to the King of Connaught; and those of Henry on the other. Whoever looks into the terms of this peace, however, the articles of which may be seen in the Appendix to Mr. Plowden's Historical Review, No. 2, will be led to conclude, that they

Articles of the Peace.

45

certainly did not rest upon the basis of admitted conquest, or any formal introduction of new laws or of a new constitution by the conqueror.

By the first article," says Plowden, "Roderick, on agreeing to do homage to Henry, (which if he did, it must have been by proxy,) and to pay him a certain tribute, was to possess his kingdom of Connaught in as full and ample a manner as before Henry's entering that kingdom. By the second article, Henry engages to support and defend the King of Connaught in his territories with all his force and power in Ireland, provided he should pay to Henry every tenth merchantable hide throughout the kingdom. The third excepts from this condition the possessions of Henry and his barous, such as Dublin with its liberties, and Meath with its domains, which were to be holden by them in as full a manner as they had been held by O'Mealsachlin, or those deriving under him; Wexford, with all Leinster; Waterford, with all its domains, as far as Dungarvon, which, with its territory, was also to be excluded from this taxation. The fourth permits such Irish as had fled from the lands holden by the English barons, to return in peace, on paying the above tribute, or such other services as they were anciently accustomed to performn by their tenures, at the option of their lords. If they should prove refractory, on complaint of such lords, Roderick was to compel them; and they were to supply Henry with hawks and hounds annually."

46

Death of Henry II.

During the remainder of Henry's reign nothing was either undertaken or effected by the English adventurers in Ireland of sufficient importance to excite the attention of the historian. About the year 1175 he summoned Strongbow to attend him at Rouen, and intimated to him his intention of entrusting the affairs of Ireland to his entire direction. This trust he undertook in conjunction with his friend Raymond la Gross, but he did not long enjoy his dignities, for he died in the ensuing year, 1176, and was succeeded in them by Raymond, who had been elected governor by the council, under the title of procurator. In the same year Henry nominated his own son, John, Earl of Morton, King or Lord of Ireland. This nomination, however, may be considered rather as a cession of the king's proprietorship in his Irish territories than as a deputation of the government to his son's hands, for he had not attained his 14th year; but when he arrived at the age of 21, (1184,) he was sent over to Ireland with a great retinue of courtiers, who, with the usual arrogance of favouritism, acted with such contumelious despotism towards the Irish that insurrection began to shew its head, and John was recalled. The Irish governinent was then entrusted to John de Courcy, Earl of Ulster, a man of great personal prowess, and who continued in his situation till the death of Henry, which happened in 1189. Henry was succeeded on the English throne by Richard, surnamed Coeur de Lion, a prince whose

Character of Richard Cœur de Lion. 47

name is still cherished with a sort of romantic fondness, because of the high and chivalrous gallantry of spirit which he possessed, and of the valorous achievements which he performed in the Holy-Land during the Crusades. The memory of this prince has been equally adorned by poetry and history; he was indeed himself no mean poet; and he pursued, with all the enthusiasm of military glory, the glittering and specious phantoms of warlike renown in that quarter of the globe where alone it could be obtained in the estimation of the age in which he lived. It may be supposed therefore, that during his reign, which lasted only nine years and nine months, his views were very little directed towards his domestic policy, and consequently we find that nothing was done during that whole period which could be said materially to affect the condition of Ireland.

All the acts that at all connected themselves with that country emanated from his brother John, as Lord of Ireland, in consequence of the grant made to him by their late father. It was he who appointed deputies to govern those territories which belonged to the English, and who directed every other proceeding of sovereignty. By various charters he granted lands, franchises, and liberties, to be holden of him and his heirs, as if he himself held the island in fee, or absolute and uncontrouled dominion; but notwithstanding, he did not pretend to exercise any authority beyond those parts which had been possessed by his father.