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<opener>Sir John Davies to Salisbury, from the Middle Temple, 21 January 1609.</opener>

My most honorable good lord. The other day, your lordship, having occasion to speake of the surrenders of the Irish lords was pleased to ask mee, what estates they had in their possessions. I then made answer that it required a larger discourse then was fitt to troble your lordship withall at that tyme; but that I would find a tyme to expresse it in writing, so as your lordship might read it at your best leasure.

Accordingly I have, out of some notes and collections of mine owne, made a breef report of the Lawes of Ireland; wherein (among other things) I have declared, in what course the Irish possessions and inheritances did passe, before they tooke estates according to the course of the common law.

This breef discourse I have added to the Booke of Giraldus Cambrensis, who hath written of all particularities concerning Ireland except the lawes only.

To accompany Giraldus, I have made choise of 2 other bookes, which for the subject thereof, ar fitt for the library of a Lord Treasourer; the one <title type="book">De Mercatura</title>,<note type="auth" n="6">Benvenutus Straccha, <title type="book">De Mercatura, seu Mercatore tractatus</title>, first published at Lyon in 1558 and running through various editions thereafter.</note> treating how Merchants may negotiate by the law of Nations, and the rules of the Civill law; the other <title type="book">de Nummis</title><note type="auth" n="7">Jakob Bornitz, <title type="book">De nummis in repub. percutiendis & conservandis libri duo: ex systemate politico deprompti</title>, (Hanover, 1608).</note> conteyning almost all the discourses, that have been published in print, touching that subject.

I humbly beseech your lordship to accept the same, as from a poore student, who shall ever studdy & make it his principall studdy to expresse his gratefull hart unto your lordship in all his humble duty and service. So praying the divine maiestie to send your lordship as many happy days as there ar letters in these books.

<closer>I humbly take my leave and continew your lordships in all duty and service. Jo: Davyes</closer></body></text></div1>

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<head>Text of Huntington Library, San Marino, California, Ellesmere 7042.</head>
<head>Of the Lawes of Irelande<note type="auth" n="8">Published with the permission of the Huntington Library, San Marino, California.</note></head>

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Irelande is nowe fully conquered and subdued to the Crowne of Englande, but this Conquest was not made alltogether at one tyme but by parcells and by seuerall attempts in seuerall ages; And therefore though Giraldus Cambrensis doe entitle his second booke <frn lang="fr">de</frn> <title type="book">Hibernia Expugnata</title>, yt is most certen that though he ouerlived kinge Henrye the second, And though hee were amonge the adventurers in the first attempt in his tyme, ffor yt was not the submission of the fickle Irish lords to K H 2 with theyr tribute of cowe hides nor the Popes donacion with a crowne of peacocks feathers, that could make a perfitt conquest of Irelande, as long as the natives used theyr owne lawes, <corr sic="chose" resp="IG">choise</corr> theyr owne cheeftaines and magistrates, made warr and peace at theyr pleasure, and soe retayned still the true markes of soveraignety amonge themselves, for as Dion sayeth of Britaine that the Romaines had not conquered yt because <frn lang="la">suis regibus concessa suis legibus usa est</frn>; soe say I of Ireland, that twoe third partes thereof were never conquered till of late yeares because the Irishe lordes which possessed the countryes therein were absolutely kinges or Tyrants over the people and did never admitt the English lawe or the English magistrate, but ever used theyr owne barbarous lawes and customes; And the state of England was soe farr from disallowinge the same, as that our kinges did not communicat the benefitt of theyr lawes to the Irish but uppon specyall grace unto specyall persons or families namelie to the five principall bloodes or septs of the kinges of Irelande, Oneale, OKonnor, OBrien, <corr sic="Omelaghlin" resp="IG">Omclaghlim</corr> and Mcmurragh: And therefore in all the old statutes the Irish are called Ennimies, and the English rebells, And the Irish were accounted mere aliens as borne out of the alleageance of the Crowne of England, And disabled to bringe any acctions, as appeareth by manie recordes: And in the Rolles of the Chauncerye in Irelande there are founde pattentes of denizacion of the Irish purchased from tyme to tyme even untill the later times of Queen Elizabeth.
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Among the rest of the recordes there is one more notable then the rest in the Courte of Common pleas in Ireland of a judgment given in the tyme of K E 2: the effect whereof is this, One William Neale brought an accion of <frn lang="la">Transgressio quare clausum fregit</frn> in the countye of Dublin, the defendant plead that the plainant was mere <frn lang="la">Hibernicus et non de quinque sanguinibus</frn> to whome the kinges progenitores had graunted that they should enioy the benefitt of the Lawes of England and demaunded judgment if he should bee aunswered. The plainant replyed that he was of the Oneales of Ulster et sit quinque sanguinibus whereupon yssue was taken whether the plainant were of the Oneales of Ulster or noe. And yt was founde hee was of the Oneales of Ulster and thereupon the defendant was ruled to pleade some other plea.

Trewe yt is that Kinge John devided the lande possessed by the English colonies in Leinster and Mounster into 12 shires namely Dublyn, Uriel nowe called Louth, Meth, Kildare, Catherlagh, Kilkenny, Wexford, Waterford, Cork, Limerick, Kerrey, Tepperary and by this writt or mandate under the greate seal of England did commaunde that English lawes and customes should bee observed in Ireland.<note type="auth" n="9">[marginal annotation:] The <corr sic="commun" resp="IG">common</corr> lawe of England established in Ireland.</note> And this appeareth by a record of 30 H 3 among the patent rolls in the Tower in these woordes: <frn lang="la">Quia pro communi utilitate terre Hiberniae et pro unitate terrarum</frn> <note type="auth" n="10">[marginal annotation:] Note the word (union).</note> <frn lang="la">provisum est quod omnes leges et consuetudines quae in regno Angliae tenentur in Hibernia teneantur et eadem terra iisdem subiaceat ac per easdem regatur sicut Johannes rex cum illuc esset statuit et firmiter mandavit. Ideo volumus quod omnia brevia de Communi Iure quae currunt in Anglia similiter currant in Hibernia sub novo sigillo regis &c: In cuius rei testimonum &c: Teste meipso apud</frn> woodstocke &c.

In this manner was the common lawe established in Ireland and statute lawes of England made before any parliament were held in Ireland, were allsoe transmitted by the kinges writt under the great seale of England whereof wee finde divers presidents in the whyte booke of the exchequer in Ireland in this forme
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<frn lang="la">Dominus rex mandavit breve suum in haec verba Edwardus dei gracia rex Anglie dominus hiberniae dux Aquitaniae cancellario suo Hiberniae salutem. Quedam statuta per nos de assensu praelatorum comitum baronum et comunitatis regni nostri nuper apud Lincolne et quaedam alia statuta post modum apud Eborum facta: quae in dicta terra nostra Hiberniae ad communem utilitatem populi nostri eiusdem terrae observari volumus vobis mittimus sub sigillo nostro mandantes quod statuta illa in dicta cancellaria nostra custodiri ac irrotulari et ad singulas placeas nostras in terra nostra Hiberniae et singulos commitatus eiusdem terrae mitti faciatis per brevia nostra sub dicto sigillo nostro ministris nostris placearum illarum et vicecomitibus dictorum comitatuum mandantes, quod statuta illa coram ipsis publicari et ea in omnibus et singulis suis articulis observari firmiter faciatis. Teste meipso apud</frn> Notingham &c.

In this manner the statute lawes of England were transmitted and became of force in Ireland before the Kinges livetenauntes or Justices had power to call parliamentes there which began in the tyme of Kinge Edward the third by an ordinaunce made in England which is founde amonge many other ordinances in the tower <frn lang="la">Pro statu hiberniae</frn>in these words <frn lang="la">volumus et praecipimus quod nostra et terrae nostrae negotia, praesertim maiora et ardua per peritos consiliarios nostros ac prelatos et magnates et quosdam de descretioribus hominibus in parliamentis tractentur discutiantur et <corr sic="terminentur" resp="IG">termininentur</corr></frn> &c.

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