causes; for I will rather thinke the cause of this evill, which hangeth upon that countrey, to proceede rather of the unsoundness of the counsells, and plottes, which you say have beene oftentimes layed for the reformation, or of fayntness in following and effecting the same, then of any such fatall course or appoyntment of God, as you misdeeme: but it is the manner of men, that when they are fallen into any absurditye, or theyr actions succeede not as they would, they are ready allwayes to impute the blame therof unto the heavens, soe to excuse their owne follyes and imperfectiones. Soe have I allso heard it often wished, (even of some whose greate wisedomes, in my opinion, should seeme to judge more soundly of soe weighty a consideration) that all that land were a sea-poole: which kind of speach, is the manner rather of desperat men farr driven, to wishe the utter ruine of that they cannot redress, then of grave counsellors, which ought to thinke nothing soe hard but that, through wysedome, it may be mastred and subdued; since the Poet sayeth, that "the wyse man shall rule even over the starres," much more over the earth; for were it not the part of a desperat phisition to wish his diseased patient dead, rather then to applye the best endevours of his skill for his recovery.

The first line places the scene of the dialogue in England. Compare p. 681, "heere in England," and p. 682, "always heere resident" (in England).

The wish that Ireland were a sea poole" was referred to by Bacon in 1617 (see above). He is not to be relied upon as regards dates, but his words "within these twenty years" coincide approximately, if not exactly, with the lapse of time from the date of Spenser's discourse.

The thought about men blaming the heavens for their own follies reappears (somewhat more embellished) in Shakespeare's King Lear (i. 2):

Edmund. This is the excellent foppery of the world, that when we are sick in fortune-often the surfeit of our own behaviour -we make guilty of our disasters the sun, the moon and the stars as if we were villains by necessity; fools by heavenly compulsion; knaves, thieves, and treachers by spherical predominance; drunkards, liars and adulterers by an enforced obedience of planetary influence; and all that we are evil in, by a divine thrusting on.

It also occurs twice in the Faerie Queene:

Right true; but faulty men use oftentimes

To attribute their folly unto fate,

And lay on heaven the guilt of their owne crimes.

(V. iv. 28.)

"In vaine" (said then old Melibœ) "doe men
The heavens of their fortunes fault accuse."

(VI. ix. 29.)

And see a further example given in the next chapter (p. 590).

P. 610. The common law of England not in all respects suitable for Ireland, they being a people constantly engaged in war and scarcely taught "to know the name of lawe, and insteede thereof have always preserved and kept theyr owne lawe, which is the Brehoone lawe."

The Brehon law is described as

a certayne rule of right unwritten, but delivered by tradition from one to another, in which often times there appeareth greate shewe of equitye, in determining the right betweene party and partye, but in many thinges repugning quite both to God and mans lawe.

On the suggestion of Eudoxus (p. 613) that "her Majesty may yet, when it shall please her, alter any thing of those former ordinaunces, or appoynt other lawes, that may be more both for her owne behoof, and for the good of that people," the following characteristically Baconian discourse ensues :

Iren. Not soe; for it is not soe easye, now that thinges are growen into an habite and have theyre certayne course, to chaunge the channell, and turne the streame another way, for they may have nowe a colourable pretence to withstand such Innovations, having accepted of other lawes and rules allreadye.

Eudox. But you say they doe not accept of them, but delight rather to leane to theyr old customes and Brehoon lawes, though they be much more unjust and also more inconvenient for the common people, as by your late relation of them I have gathered. As for the lawes of England, they are surely most just and most agreable both with the government and with the nature of the people. How falles it then, that you seeme to

dislike of them as not soe meete for that realme of Ireland, and not only the Common Lawe, but also the Statutes and Acts of Parliamente, which were specially provided and intended for the onely benefitt therof?

Iren. I was about to have told you my reason therin, but that yourself drewe me away with other questions, for I was shewing you by what meanes, and by what sort, the Positive Lawes were first brought in and established by the Norman Conquerour which were not by him devised or applyed to the state of the realme then being, nor as yet might best be, (as should by lawgivers principally be regarded) but were indeede the very lawes of his owne countrey of Normandye. The condition wherof how farr it differeth from this of England is apparaunt to every least judgement. But to transferr the same lawes for the government of the realme of Ireland was much more inconvenient and unmeete; for he found a better advauntage of the time, then was in the planting of them in Ireland, and followed the execution of them with more severitye, and was also present in parson to overlooke the Magistrates, and to overawe the subjectes with the terrour of his swoord and countenaunce of his Majestye. But not soe in Ireland, for they were otherwise affected, and yet doe soe remayne, soe as the same lawes (me seemes) can ill sitt with theyr disposition, or woorke that reformation that is wished. For lawes ought to be fashioned unto the manners and conditions of the people, to whom they are ment, and not to be imposed unto them according to the simple rule of right; for els (as I sayd) in steede of good they may woorke ill, and pervert Justice to extreme Injustice. For he that would transferr the lawes of the Lacedemonians to the people of Athens should find a greate absurditye and inconvenience. For those Lawes of Lacedæmon were devised by Lycurgus, as most proper and best agreing with that people, whom he knewe to be enclyned alltogither to warres, and therefore wholly trayned them up even from theyr craddels in armes and military exercises, cleane contrarye to the institution of Solon, who, in his lawes to the Atheniens, laboured by all meanes to temper theyr warlick couradge with sweete delight of learning and sciences, soe that as much as the one excelled in armes, the other exceeded in knowledge. The like regard and moderation ought to be had in tempering, and managing of this stubborne nation of the Irish, to bring them from that delight of licentious barbarisme unto the love of goodness and civilitye.

Eudox. I can not see how that may better be then by the discipline of the lawes of England: for the English were, at the first, as stout and warrelike a people as ever were the Irish, and yet ye see are now brought unto that civilitye, that no nation in

the world excelleth them in all goodly conversation, and all the studyes of knowledge and humanitye.

Iren. What they now be both you and I see very well, but by how many thornye and hard wayes they are come thereunto, by how many civill broyles, by how many tumultuous rebellions, that even hazarded oftentimes the whole safetie of the kingdome, may easely be considered: all which they nevertheless fayrely overcame, by reason of the continuall presence of the King; whose onely parson is oftentimes in steede of an army, to contayne the unruly people from a thousand evill occasions, which this wretched kingdome is, for want therof, dayly carryed into. The which, whensoe they make head, noe lawes, noe penaltyes, can restrayne them, but that they doe, in the violence of theyr furyes, treade downe and trample under foote all both divine and humane thinges, and the lawes themselves they doe specially rage upon, and rend in peeces, as most repugnant to theyr libertye and naturall freedome, which in theyr madness they affect.

Eudox. It is then a very unseasonable time to pleade lawe, when a swoord is drawen in the hand of the vulgar, or to thinke to retayne them with the feare of punishmentes, when they looke after libertye, and shake of all government.

Iren. Then soe it is with Ireland continually, Eudoxus; for the swoord was never yet out of theyr hand; but when they are weary of warres, and brought downe to extreeme wretchedness, then they creepe a litle perhaps, and sue for grace, till they have gotten new breath and recovered their strength agayne. Soe as it is in vayne to speake of planting of lawes, and plotting of pollicyes, till they are altogither subdued.

Passing into ancient history, the author refers to ravages by the neighbouring Scots retreating from the forces of Edward the Second, and indulges in a glowing account of the commodities of the north of Ireland (p. 616):

Thus was all that goodly countrey utterly wasted, and left desolat as yet it remayneth to this day, which before hath beene the cheif ornament and beautye of Ireland, for that of the north sometimes was as populous and plentifull as any part of England, and yeelded unto the K. of England as it appeareth by good recordes, thirty thousand markes of old mony by the yeare, besides many thousandes of able men to serve them in theyr And sure it is yet a most beautifull and sweet countrey as any is under heaven, seamed thoroughout with many goodly

warres.

rivers, replenished with all sortes of fish, most aboundantly sprinckled with many sweet Ilandes and goodly lakes, like litle Inland Seas, that will carry even ships upon theyr waters, adorned with goodly woodes fitt for building of howses and shippes, soe comodiously, as that yf some princes in the world had them, they would soone hope to be lordes of all the seas, and ere long of all the world; also full of good portes and havens opening upon England and Scotland, as inviting us to come to them, to see what excellent comodityes that countrey can affoord, besides the soyle it self most fertile, fitt to yeeld all kind of fruite that shal be comitted therunto. And lastly, the heavens most milde and temperat, though somewhat more moyst then the part toward the West.

P. 618. The origin and raison d'être of the common law-not, however, in all respects (as, for instance, in trial by jury) suited to Ireland :

Iren. The Common Law is (as before I sayd) of itself most rightfull and very convenient (I suppose) for the kingdome for the which it was first devised; for this (I thinke) as it seemes reasonable, that out of the manners of the people, and abuses of the countrey, for which they were invented, they take theyr first beginning, or els they should be most unjust; for noe lawes of man (according to the straight rule of right) are just, but as in regard of the evills which they prevent, and the safety of the common-weale which they provide for. As for example, in the true ballauncing of justice, it is a flatt wrong to punish the thought or purpose of any before it be enacted; for true Justice punnisheth nothing but the evill act or wicked woord; yet by the lawes of all kingdomes it is a capital crime to devise or purpose the death of the King: the reason is, for that when such a purpose is effected, it should then be to late to devise therof, and should turne that common-weale to more hurt by such loss of theyr Prince, then such punnishment of the malefactours. And therfore the lawe in that case punnisheth the thought; for better is a mischeif, then an inconvenience. Soe that jus politicum, though it be not of itself just, yet by application, or rather necessitye, it is made just; and this only respect maketh all lawes just. Now then, yf these lawes of Ireland be not likewise applyed and fitted for that realme, they are sure very inconvenient. Eudox. You reason strongly but what unfittness doe you finde in them for that realme? shewe us some particulars.

Iren. The Common Lawe appoynteth that all tryalls, as well of crimes as titles and rights, shal be made by verditt of a Jurye,