Meanwhile, "it was manifest," says Sir John Davies, "that those who had the government of Ireland under the crown of England intended to make a perpetual separation and enmity between the English settled in Ireland and the Irish, in the expectation that the English should in the end root out the Irish."
There is no doubt that, if these laws of Kilkenny could have been enforced and carried out, as they were meant to be, the effect hoped for by these legislators might have been the natural result. Yet even much later on, at a period, too, when the English power was considerably increased, under Henry VIII., a very curious discussion of this possibility, which took place at the time, did not by any means promise an easy realization. The following passage of the "State Papers," under the great Tudor, contains a rather sensible view of the subject, and is not so sanguine of the success of the hopes cherished by the attorney-general of James I.:
"The lande is very large—by estimation as large as Englande—so that, to enhabit the whole with new inhabiters, the number would be so great that there is no prince christened that commodiously might spare so many subjects to depart out of his regions. . . . But to enterprise the whole extirpation and totall destruction of all the Irishmen of the lande, it would be a marvellous and sumptuous charge and great difficulty, considering both the lack of enhabitors, and the great hardness and misery these Irishmen can endure, both of hunger, colde, and thirst, and evill lodging, more than the inhabitants of any other lande."
There were, therefore, evidently difficulties in the way; yet it is certain that the question of the total extirpation of the Irish has been entertained for centuries by a class of English statesmen, and confidently looked for by the English nation. Sir John Davies, as we see, attributes no other object to the Statutes of Kilkenny.
But could those statutes be enforced? were they ever enforced? The same writer pretends that they were for "several years;" but the sequel proves that they were not. The reason which he assigns for their execution—that for a certain time after that Parliament there was peace in the island—leads us to believe the contrary; for if, as he himself justly remarks before, the intention of the legislators was to create a perpetual separation and enmity between the two races, the promulgation and strict execution of those statutes would have immediately enkindled a war which could have ended only with the total extirpation of one race or the other.
And the further fact that it was thought necessary to reenact those odious laws frequently in subsequent Irish Parliaments proves that they were not carried into execution, since new legislation on the subject was demanded.
It is true that events, transmitted to us either through the Irish annals or the English chronicles, show that several attempts were made to enforce those acts of Kilkenny, chiefly against the Fitz-Thomases or Geraldines of Desmond, who pretended, even after their enactment, to be as independent of them as before, and refused to attend the Parliament when convoked, claiming the strange privilege "that the Earls of Desmond should never come to any Parliament or Grand Council, or within any walled town, but at their will or pleasure." And the Desmonds continued in their persistent opposition to the English laws until the reign of Elizabeth.
But it was against Churchmen chiefly that they were carried out in full; for we occasionally meet in the annals of the country with instances where some English prelate in Ireland had been prosecuted for having conferred orders on mere Irishmen, and that some Norman abbots had been deposed for having received mere Irishmen as monks into their monasteries.
With the exception of a few cases of this kind, no proof can be furnished that any material change was brought about in the relations of the old English settlers with their Irish neighbors. In fact, matters progressed so favorably in this friendly direction, that at length the descendants of Strongbow and his followers became, as is well known, "Hibernis Hiberniores," and the judges sent from England could hold their circuit only in the four counties between the Liffey and the Boyne; and the name given to the majority of the old English families was "English rebels," while the natives were called "Irish enemies."
Sir John Davies himself is forced to admit it: "When the civil government grew so weak and so loose that the English lords would not suffer the English laws to be executed within their territories and seigniories, but in place thereof both they and their people embraced the Irish customs, then the state of things, like a game at Irish, was so turned about, that the English, who hoped to make a perfect conquest of the Irish, were by them perfectly and absolutely conquered, because Victi victoribus leges dedere."