it by any publick Writing that the Design seem'd a Birth acceptable to the Catholick Community And the Pope by his Nuncio afterwards to whom the general part of the Clergy and Natives adhear'd in effect maintain'd what Mahony had deliver'd for wholesome Doctrine accounting the Popes Bulls and Interdictions and Absolutions how long soever since publish'd still in the same force and vigour as they were the first day of their publication And it is very few years since writes this Honourable Person that upon the meeting of the Secular and Regular Clergy of Ireland before-mention'd to frame an Address to the King in testimony of their obedience disclaiming any Temporal Authority in the Popes the Court of Rome was so alarm'd by it that Cardinal Barbarin writ to them to desist from any such Declaration putting them in mind that the Kingdom of England was still under Excommunication And Walsh acquaints us at large of Mac-Mahon the Irish Jesuits printed Book of the lawfulness of killing not onely all the Protestants but even all such of the Roman Catholick Irish who should stand for the Crown of England and the Rights of the King to Ireland A Tenent agreeable to Salamanca's approbation of Oneal's Rebellion 1602. instigated by Pope Clement the 8th whereby it 's declared That all Catholicks who followed the English Standard against Prince Oneal mortally sinned And Osulevan the Priest in King James's Reign said It was a Doctrine fetch'd from Hell that Catholicks in Ireland should joyn with the Queens Forces which were Protestants against the Rebels Catholicks in Ireland and that such English ought to be no less set upon than the Turks So that whatsoever delusive Tenents have been broach'd of late as to perswade us the Adder is without sting the contrary hath been written in letters of blood not in his Majesty's Kingdoms only but wheresome-ever the Papal Power was exalted That persons professing the Reformed Religion are but Tenants at Will for their Lives and Fortunes and through Centuries of Ages it appears that as their Fleeces grow they are shorn till a time of slaughter be appointed That hence we may see at what we should have arriv'd had the Irish been fortunate in their attempt for though the loyal Formulary or Remonstrance highly magnified by some may seem a Bond of Iron it may easily by the Pope become weaker than a Rope of Straw During the Summer Sessions of Parliament already spoke of wherein the Heads of the Rebellion were closely complotting some under a suspicion that the Earl of Strafford's Servants in revenge of their Lord's death intended a Mischief to the Parliament mov'd the House and accordingly had Orders that the Lords Justices would let his Majesty's Stores for Powder and Arms be search'd which by a Committee they so curiously perform'd as they turn'd over several improbable Chests to find it out and when they had seen that there was none according to what the Officers of the Ordnance had before assur'd them yet they seem'd unsatisfied and repair'd on a new Order to the Lords Justices to be admitted to see the Stores of Powder and Arms plac'd in other Parts in and about the Castle To whom the Lord Justice Borlase Master of the Ordnance principally interess'd in securing his Majesties Stores answer'd That those were the King 's precious Jewels not to be without special Gause shewed assuring them further that they needed not to be afraid for that upon his Honour there was no Powder underneath either of the Houses of Parliament as at the Trial of the Lord Mac Quire at the King's Bench in Westminster was openly in Court testified by the Lord Blaney a great sufferer a worthy and gallant Person the said Lord Justice Borlase having at that time such a motion in his blood upon the importunity of that enquiry as he would afterwards often mention that action of theirs as aiming how slightly soever then looked on by others at some further mark than was thâ—n discernable So that at that instant he denied them whereat they seem'd discontented as being left in uncertainty in what state his Majesty's Stores stood which they desired particularly to know the late new Army being disbanded then and their Arms brought in that if the Powder and Arms were not there they might find them elsewhere or if there then by the intended surprize to be sure of them and to know where on the sudden to find them In which search the Lord Mac Quire was a chief actor and very inquisitive Thus in order to their Design they made ready for the Business passing that Session of Parliament began the xi of May 1641. for the most part away in Protestations Declarations Votes upon the Queries the stay of Souldiers from going over Seas and private Petitions little to the good of the Common-wealth or advancement of his Majesty's Service whereof the Lords Justices and Councel having notice finding withal that the Popish Party in both Houses grew to so great a height as was scarce compatible to the present Government they imparted by a Message to both Houses the 14th of July following their intention to give a recess for some months the harvest coming on and both Houses growing thin Which intimation of a recess both Houses readily assented to so that the 7th of August the Lords Justices adjourn'd the Houses to the 9th of November following which afterwards the Members of Parliament aggravated as a great unkindness the Committee of Parliament being expected from England and arriv'd at Dublin near the end of August Whereas when the Parliament was adjourn'd and before there was no certainty of their Committee's return the Earl of Roscommon who few days before coming from England expressing in plain terms that the Bills desired were not likely in any short time to be dispatch'd as the Letters from the Irish Committee at London which this Lord brought over inform'd too and That they were daily about their dispatch but could not guess when they might have it Yet as I have took notice in August beyond expectation the Committee return'd upon whose arrival the Lords Justices and Councel desirous to give them all satisfaction imaginable sate daily composing of Acts to be passed the next Sessions of Parliament for the benefit of his Majesty and the good of his Subjects on which the Members of Parliament then at Dublin and their Committee newly arriv'd seem'd with great contentment to retire into the Countrey the Lords Justices forthwith sending Briefs to all the Ports in the Kingdom of the Graces concerning Customs commanding the Officers punctually to obey those his Majesty's Directions particularly what-ever concern'd Wool Tobacco as all other things of that nature wherein his Majesty had been pleas'd to gratifie the Committee They gave Order also for drawing a Bill for repeal of the Preamble of the Act of Subsidies They also desired Sir William Cole and Sir James Montgomery two of the Committee if they could ever take the Assizes in the County
Ja. Ware God save the King An Abreviate of the Articles of Peace concluded by the Marquiss of Ormond Lord Lieutenant of Ireland Commissioner for the King and the Lord Mountgarret President of the Supream Council the Lord Muskery Sir Robert Talbot Dermot O Brian Patrick Darcy Jeffery Brown and John Dillon Esquires Commissioners for the Irish. 1. THat the Professors of the Roman Catholick Religion in the Kingdom of Ireland or any of them be not bound or obliged to take the Oath of Supremacy expressed in the second of Queen Elis. commonly called the Oath of Supremacy 2. That a Parliament may be held on or before the last day of November next and that these Articles agreed on may be transmitted into England according to the usual Form and passed provided that nothing may be passed to the Prejudice of either Protestant or Catholick Party other then such things as upon this Treaty shall be concluded 3. That all Acts made by both or either Houses of Parliament to the Blemish or Prejudice of his Majesties Roman Catholick Subjects since the 7th of August 1641. shall be vacated by Acts of Parliament 4. That no Actions of Law shall be removed before the said Parliament in case it be sooner called then the last of November And that all Impediments which may hinder the Roman Catholicks to sit in the next Parliament shall be remov'd before the Parliament sit 5. That all Debts do Stand in state as they were in the beginning of these Troubles 6. That the Plantation in Connaght Kilkenny Clare Thomond Tipperary Limrick and Wickloe may be revoked by Act of Parliament and their Estates secur'd in the next Sessions 7. That the Natives may erect one or more Inns of Court in or near the City of Dublin they taking an Oath as also one or more Universities to be Govern'd as his Majesty shall appoint as also to have Schools for Education of Youth in the Kingdom 8. That Places of Command of Forts Castles Garrisons Towns and other Places of Importance and all Places of Honour Profit and Trust shall be conferr'd with equal Indifferency upon the Catholicks as his Majesties other Subjects according to their respective Merits and Abilities 9. That 12000 l. Sterling be paid the King yearly for the Court of Wards 10. That no Peer may be capable of more Proxies then two And that no Lords Vote in Parliament unless in 5 years a Lord Baron purchase in Ireland 200 l. per anum a Viscount 400 l. and an Earl 600 l. or lose their Votes till they purchase 11. That the Independency of the Parliament of Ireland on the Kingdom of England shall be decided by Declaration of both Houses agreeable to the Laws of the Kingdom of Ireland 12. That the Council Table shall contain itself within its bounds in handling Matters of State as Patents of Plantations Offices c. and not meddle with matter betwixt Party and Party 13. That all Acts concerning Staple or Native Commodities of this Kingdom shall be repeal'd except Wooll and Woollfels and that the Commissioners the Lord Mountgarret and others named in the 26 Article shall be Authoriz'd under the Great Seal to moderate and ascertain the rates of Merchandize to be exported and imported 14. That no Governor be longer Resident then his Majesty shall find for the good of his People and that they make no purchase other then by Lease for the Provision of their Houses 15. That an Act of Oblivion may be passed without extending to any who will not accept of this Peace 16. That no Governor or any other Prime Minister of State in Ireland shall be Farmers of his Majesties Customs 17. That a Repeal of all Monopolies be passed 18. That Commissioners be appointed to regulate the Court of Castle-Chamber 19. That Acts Prohibiting Plowing by Horse-tails and burning of Oats in the Straw be repealed 20. That Course be taken against the Disobedience of the Cessation and Peace 21. That such Graces as were promised by his Majesty in the Fourth year of his Reign and sued for by a Committee of both Houses of Parliament and not express'd in these Articles may in the next ensuing Parliament be desir'd of his Majesty 22. That Maritine Causes be determin'd here without Appeal into England 23. That the increase of Rents lately rais'd upon the Commission of defective Titles be repeal'd 24. That all Interests of Money due by way of Debt Mortgage or otherwise and not yet satisfi'd since the 23. of Octob. 1641. to pay no more than 5l per Cent. 25. That the Commissioners have power to determine all Cases within their Quarters until the perfection of these Articles by Parliament and raise 10000 Men for his Majesty 26. That the Lord Mountgarret Muskery Sir Dan. O Bryan Sir Lucas Dillon Nich. Plunket Rich. Bealing Philip Mac-Hugh O Relie Terlogh O Neal Thomas Flemming Patrick Darcy Gerald Fennel and Jeffery Brown or any five of them be for the present Commissioners of the Peace Oyer and Terminer and Gaol-Delivery in the present Quarters of the Confederate Catholicks with power of Justice of Peace Oyer and Terminer and Gaol-Delivery as in former times of Peace they have usually had 27. That none of the Roman Catholick Party before there be a Settlement by Parliament Sue Implead or Arrest or be Sued Impleaded or Arrested in any Court other than before the Commissioners or in the several Corporations or other Judicatures within their Quarters 28. That the Confederate Catholicks continue in their Possessions until Settlement by Parliament and to be Commanded by his Majesties Chief Governour with the advice and consent of the Commissioners or any Five of them 29. That all Customs from the perfection of these Articles are to be paid into his Majesties Receipt and to his use as also all Rent due at Easter next till a full Settlement of Parliament 30. That the Commissioners of Oyer and Terminer and Gaol-Delivery shall have power to hear and determine all Offences committed or done or to be committed or done from the 15th day of September 1643. until the first day of the next Parliament Thus the Marquess having perform'd all on his part that could be expected from him and was in his power to do and having receiv'd from other Parts all the assurance he could require there being no other way of engaging the publick Faith of the Nation than that to which they had so formally engaged themselves to him in he intended nothing then but how his Majesty might speedily receive some fruit of that Peace and Accommodation he thence expected by sending assistance to him And to that purpose with advice and upon invitation of several Persons who had great Authority and Power amongst the Confederate Catholicks the Lord Lieutenant took a Journey himself to Kilkenny where he was receiv'd with that Respect and Reverence as was due to his Person and to the Place he held and with such expressions of Triumph and Joy as gave him cause
of by the two Houses of Parliament in England The publication of which with the Articles and his Majesties Motives thereunto you may read in his Majesties Works from fol. 353. to 365. In confirmation of which the Lords Justices and Council issued out a Warrant to the Lord Chancellor to draw Letters of Confirmation under the Great Seal of Ireland which accordingly bore date the 26th day of Septemb. in the 19th year of his Majesties Reign And to express the necessity thereof many Persons of Quality sign'd the said 15th of Septemb. 1643. a Writing therein concluding it necessary for his Majesties Honour and Service that the Lord Marquis of Ormond should assent to a Cessation of Arms though some of these afterwards joyning with the Parliaments Forces resolved to die a thousand deaths rather than to descend to any Peace with the perfidious Rebels but stuck not at length to that Protestation altering as the Scene chang'd Whilst the Cessation was in agitation at Sigginstown the Consequences of dissolving the Parliament were not the least in consideration at the Council-board nor was there any thing more desired by the Rebels who thereby hoped to be re-seated in a new Parliament which they question'd not to manage to their own ends and advantage Wherefore that the State might still steer by the same Compass they had hitherto done they committed the Case to the Judges who unanimously agreed upon the following Reasons for its continuance May it please your Lordships ACcording to your Lordships Order of the xi of September 1643. we have considered of such inconveniencies as we conceive may arise to his Majesty and his Service as Affairs now stand if this present Parliament should be determin'd and have reduc'd the same to writing which we humbly present to your Lordships further consideration The greatest part of the Free-holders of this Kingdom are now in actual Rebellion whereby his Majesty ought to be justly entituled to all their Estates both Real and Personal this cannot be done but by their Conviction and Attainder either by course of Common Law or by Act of Parliament By course of Common Law it will be very difficult to be effected for these Reasons following First Those who are indicted in most of the Counties of this Kingdom cannot be Attainted by Outlawry by reason that the Sheriffs of those Counties by occasion of the present Rebellion cannot keep their County-Courts to Proclaim and make due Return of the Exigence Nor can they be Attainted by Verdict for want of Jurors most of all the Free-holders in the Kingdom being now in Rebellion Secondly Those that are not Indicted or those that are already Indicted and in Prison or upon Bonds cannot be proceeded against Legally at the Common Law for want of Jurors because as aforesaid most of the Freeholders are in Rebellion Therefore of necessity those Persons must either not be Attainted at all or onely by Act of Parliament which is scarce possible to be effected if this present Parliament be Dissolved or Discontinued for that upon a new Parliament to be Summon'd the Knights and Burgesses must be Elected by the Free-holders and Inhabitants respectively most whereof are in Rebellion And yet the present Parliament will be discontinued unless a Commission under the Great Seal of England to the now Lords Justices or other the Chief Governour or Governours for the time being be here before the 13th of November next being the day of Prorogation for the beginning of the next Session of Parliament to enable them to continue this present Parliament the last Commission for the continuance thereof being onely to the Lords Justices one whereof is since remov'd Unless the Parties now in Rebellion being Legally Attainted which cannot be here as is aforesaid as the case now stands but by Act of Parliament his Majesty cannot have power to dispose of their Estates as in his wisdom he shall think fit either for the increasing of his Revenues or for the Peaceable establishment of this Common-wealth and indifferent Administration of Justice therein Rich. Bolton Cancell Geo. Shurly Gerrard Lowther Ja. Donnalon Sa. Mayard The Cessation as yet not being known to his Majesty the Lords Justices and Council received a Letter from him at the Camp at Matson near Gloucester of the 4th of Septemb. passionately resenting the sufferings and complaints of the Officers who upon all occasions had a tender affection in his breast And to the end they might not be frustrated of their Arrears he commands their Debentors should be respectively sign'd that they might take an effectual course to be paid the same by the Two Houses of Parliament that engaged them And left there should be any defect in acknowledging of their Merits who had so faithfully ventur'd their lives for his Majesties Service he is yet further pleased to provide for their Encouragement and Entertainment who upon the Cessation were now free to serve him though as yet he knew not of its conclusion but by the Contents of the following Letter seem'd to expect it giving particular Orders for the management of Affairs upon that occasion C. R. RIght Trusty and Well-beloved Counsellors and right Trusty and intirely Beloved Cousin and Counsellor We greet you well Whereas not onely the great neglect of the Affairs of that Our Kingdom by the remaining part of our Houses of Parliament who pretended so great care of it but their impious preventing all Supplies destin'd to their Relief by Our Authority which did ever most readily concur to any Levy of Men Money or any other Work in order to the Assistance of Our Protestant Subjects there and employing the same in an unnatural War against Us their Liege Lord and Sovereign hath reduc'd our Army in that our Kingdom into so heavy straits that out of Our Care of the preservation of them who so faithfully ventur'd their Lives for Our Service We were brought to condescend to a Treaty for a Cessation of Arms Our Will and Pleasure is and We do hereby Charge and Command you that in case according unto the Authority given unto you by Us you have agreed upon a Cessation or as soon as you shall agree thereupon you or any two of you do immediately consider of and put in execution these Our following Commands 1. That you agree upon what number of Our Army will be necessary to be kept in Garrison there for the maintenance of the same during the time of the Cessation and what Soldiers they shall be and what Persons shall command the same and that you settle them accordingly in that Command as shall appear to your discretion to be most conducing to our Service 2. That you do consider and advise of the best means of Transporting the rest of Our Army in that Our Province of Leimster excepting such as are to be kept in Garrison in Our Kingdom of Ireland and to that end We do hereby give you or any one of you full Power and Authority to hire all
required to be aiding and assisting in the execution of this Our Proclamation as often as occasion shall require Given at our Court at Whitehal the first day of June 1660. in the Twelfth Year of Our Reign Afterwards assoon as such matters for so great a Business could be brought about his Majesty the 8th of May summon'd a Parliament at Dublin in which passed the great Act of Settlement after that his Majesty had published the 30th of November 1660. His Gracious Declaration for the settlement of his Kingdom of Ireland and satisfaction of the several Interests of Adventurers and Souldiers and other Subjects there wherein as to the Irish first such are considered as came in upon the Cessation secondly those who honestly and faithfully performed what they promised in the Peace and thirdly such as being beyond Seas cheerfully receiv'd and obeyed his Majesties Commands abroad all which are comprehended in several Articles proceeding from these Heads and the Souldiers and Adventurers by themselves These also who had the Fortune whether through Loyalty or Suspicion that they were not able to bear up against the English Interest to withstand the Nuncio have in the Act of Settlement their Fortunes and themselves secur'd memorable to Posterity who being fewer then those that bowed not their knees to Baal in Israel we cannot but mention it being a Reward for their eminent Sufferings And because the voice of a Parliament next to the delivery of the Law from Mount Sinai ought to impress the greatest Reverence on the heart and affections of the People I shall here present you with the Preamble to the Bill of Settlement in Ireland 1662. which in brief commits that to Posterity no Paint can ever Palliate An Act 14 Carol. 2. WHereas an unnatural Insurrection did break forth against your Majesties Royal Father of ever blessed memory his Crown and Dignity in this your Majesties Kingdom of Ireland upon the 23. of October in the year of our Lord God 1641. and manifest it self by the Murthers and Destruction of many thousands of your said Majesties good and loyal Subjects which afterwards universally spreading and diffusing it self over the whole Kingdom setled into and became a formed and almost National Rebellion of the Irish Papists against your Royal Father of blessed memory his Crown and Dignity to the destruction of the English and Protestants inhabiting in Ireland The which Irish Papists being represented in a General Assembly chosen by themselves and acting by a Council called by them The Supream Council of the Confederate Roman Catholicks of Ireland did first assume usurp and exercise the Power of Life and Death make Peace and War Levy and Coin Money and many other Acts of Soveraign Authority Treating with Foreign Princes and Potentates for their Government and Protection and afterwards acted under a Foreign Authority by all the said ways disowning and rejecting your Royal Fathers and your Majesties undoubted Right to this Kingdom even while they treacherously used his and your Majesties Names in the outward forms of their Proceedings withal impiously seeming by words and shews to swear unto that which by the whole Series of their Deeds they denied And moreover presuming to pretend his late Majesties Sacred Authority even for their worst actions all which they did amongst other their evil Designs to frighten his good Protestant Subjects from their Loyalty to blast his Majesties Honour and to widen the Breach between his said Majesty and his seduced Subjects in England The which Ends by their said wicked Stratagems they did too successfully and mischievously effect Before this Preamble to the Act of Settlement pass'd the Irish by their Agents in England had an unusual Favour of inspecting that Bill and objecting what they thought fit which they did in the presence of the Commissioners sent out of Ireland by the Convention and Lords Justices and Council even before his Majesty his Council and the Committee of Lords for the Affairs of Ireland to that end especially appointed The debate continuing touching this grand Instrument from the 8th of July 1661. till March following in which the Irish most insisted against the Preamble for that it seem'd to involve the whole Nation in the first designing and raising of the late Rebellion in Ireland and in the barbarous Circumstance thereof whereas they would pretend it was onely the act of a few Persons of broken fortunes followed with the rude multitude c. Praying that nothing might be contain'd in that Preamble in Derogation to his Majesties Articles of Peace or the blemish of his Majesties Loyal Catholick Subjects delivering in at the same time their Reasons against previous Reprisals the variances between the Declaration and Act of Settlement and their defence for their Articles of Peace Insisting much upon their Loyalty after the Lord Lieutenants departure the Catholicks unanimously in their Assembly joyning if you dare credit their reports with the Lord Deputy to oppose the Usurpers as the best means to divert the Parliament from preventing the Kings Designs in England and Scotland for which his Majesty as they say return'd them thanks they rejecting then many advantagious offers from Ireton though they were in a low Condition and so continued faithful till the Lord Deputy was driven to the Mountains and they at liberty to compound for themselves many of which went beyond-Sea to serve his Majesty All which they insist on as a great test of their Loyalty whereas it can never be made evident as is alledged that Proposals were made to that Assembly by the Usurpers and refused by them for the enjoyment of their Rights Priviledges and Inheritances alike with others under their Government for indeed such Proposals were never made nor offered to them in their most flourishing Condition but it is confessed such Terms were tendred and refused by them as were agreeable to a conquering Army to give as that of the Usurpers then was and to a broken scattered Party to expect as the other was being then reduced to Bogs and Woods as their best Holts and yet the Terms so offered and rejected by the Assembly together were soon after embraced by all of them divided into Parts on which they submitted and laid down Arms having by their Conditions liberty to transport themselves into Foraign Parts or to stay in the Kingdom And therefore it doth no more consist with their Honour then with Truth to say they were forced by banishment to an opportunity of serving his Majesty beyond-Seas from whence they date their Merits from him which was more then his late Majesty of blessed memory could obtain from them although obliged thereunto by Allegiance and Articles when his Distress and their Power were sublimated to the highest Pitch and his Prerogative lay at the stake as he did often complain of The Commissioners from the Lords Justices and Council besides this produced the Instructions of the Supream Council to their Agents for Rome France Spain offering the Crown to either
Cessation of Arms for one whole year with the Roman Catholicks of Ireland printed at Oxford 19. Octob. 1643. And let all your good Subjects be assured that as we have for these reasons and with caution and deliberation consented to the Proposition to peace and to that purpose do continue do continue our Parliament there so we shall proceed in the accomplishing thereof with that care and circumspection that we shall not admit even peace it self otherways than it may be agreeable to Conscience Honour and Justice VVe also humbly desire that such Laws as Your Majesty shall think fit to pass may be transmitted according to Poynings Law and other Laws of explanation thereof or of addition thereunto now in force with great contentment and security to Your Majesties Protestant Subjects but if the present Parliament be dissolved we humbly represent unto Your Majesty that so many of your ablest and best Protestant Subjects have been murthered or banished by this Rebellion the few or no Protestant free-holders will be found in the Countreys Cities or Burroughs to elect and chuse Knights Citizens or Burgesses which will be most dangerous to your Majesties Rights and Prerogatives and good Subjects and may beget great disputes in after-times for the repealings of Poynings Acts notwithstanding their feigned expressions of their loyaltie yet it plainly appeareth they do not repose such trust in your Majesties Justice as becomes loyal Subjects to do and such they pretend themselves to be for that they seek thereby to prevent Your Majesty and your Councel of England and Ireland of so full a view and time of mature consideration to be had of Acts of Parliament of Ireland before they pass as in prudence is requisite and hath been found necessary by the experience of well near 200 years and if their Intentions were so clear as they profess we know not why they should avoid the strictest view and tryal of Your Majesty and your Councels of both Kingdoms this their desire tending to introduce a grand diminution to the Royal and necessary Power for the conservation of Your Regal State and protection of your good Protestant Subjects there and elsewhere and what special use they aim at in seeking such a repeal Your Protestant Subjects as they know not the particular so can they conjecture of none unless the said Confederates have some design by way of surprize to obtrude upon Your Majesty in their new desired Parliament some Acts of justification of their ill-done actions and for condemning such of your Protestant Subjects as have in their several degrees most faithfully served Your Majesty there which we the rather believe seeing they have vowed by their Oath of Association and the Bull lately published in Ireland since the Cessation the destruction of the Protestants there when they have the Sword in their hands to put the same in Execution 3. Pro. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the 7th day of August 1641. be clearly annull'd and declared void and taken off the File Answ. VVe humbly desire that they may particularize those Orders and Ordinances which may prejudice Your Majesties service for we are well assured that the Parliament now sitting in Ireland on signification of Your Majesties pleasure therein will give Your Majesty full satisfaction or repeal any unjust Orders or Ordinances whatsoever which may be prejudicial to Your Majesty and there may be some Orders or Ordinances which may concern particular persons in their Lives Liberties or Fortunes that may suffer unheard by the admitting of so general a Proposition which is meerly propos'd as we humbly conceive to put a scorn upon Your Majesties Parliament now sitting there and to discourage your Protestant Subjects who have faithfully served Your Majesty in that Parliament 4. Pro. That all Indictments Attainders Out-lawers in the Kings Bench or elsewhere since the said 7th day of August 1641. and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all other Records Act or Acts depending thereon or in prejudice of the said Catholicks or any of them be taken off the File annulled and declared void first by Your Majesties Proclamation and after by Act to be passed in the said free Parliament Answ. This we conceive to be a very bold Proposition not warranted as we also conceive by any Example and tending to introduce an ill president in after-times for that was never seen that the Records were taken off the File but where there was some corruption or fraud or some illegal or unjust carriage used or concerning the procuring or making up of such Records and the same first we 'll prove upon due Examination and that may not only conceal but in some sort seem to justifie their abominable Treasons Murthers Cruelties Massacres and Plunders acted against your Majesties Person Crown and Dignity upon the persons of your Majesties most loyal Protestant Subjects in that Kingdom and encourage the Papists to do the like again besides the discouragement it may beget in your Majesties Officers Subjects to do their duties in the like insurrections which may happen hereafter which also may prove very prejudicial to Your Majesties Rights and Revenues if the Records to support the Forfeitures wherein many of them are or may be grounded should be taken off the File and cancelled 5. Pro. That inasmuch as under colour of such Out-lawers and Attainders Debts due unto the said Catholicks have been granted levied and disposed of and of the other side that Debts due upon the said Catholicks to those of the adverse party have been levied and disposed of to publick use that therefore all Debts be by Act of Parliament mutually released or all to stand in statu quo notwithstanding any Grant or dispossession Answ. VVe humbly conceive that in time of peace and most setled Government when the course of Law and Justice is most open and best observed that Debts due unto the Crown actually levied and paid in to Your Majesties use ought not to be restored though the Records of the Forfeitures should be legally reversed which is far from the present case and this Proposition tendeth to cross that just Right of Your Majesty and to make the disposition by the Confederate Papists Rebels of Debts due to Protestants and by the said Rebels by fraud and force levied and disposed in maintenance of their Rebellion which cunningly they call by the name of Publick use to be in equal degree to the Debts owing by the Rebels and by them all forfeited and many of them by Law duly levied which is a most unequal and unjust thing and the said Proposition cannot nor doth make offer to have the Pope's Confederates cut off from the Debts due to them which they have justly forfeited but only for a colour of consideration to have the Protestants lose such Debts justly due to them as have been unjustly taken from them who have done no act at all to forfeit
the Right Honourable the Lords Justices and Council And now many of those Officers who had served his Majesty most signally in Ireland were treated with to recruit his Forces in and about Chester to which end all the encouragement that his Majesty had given in his Letters of the 4th and 7th of September were faithfully imparted to them and what could possibly be rais'd for their Transportation was effectually done Whereupon several Regiments as Sir Mich. Earnely's Sir Rich. Fleetwoods Colonel Gibson Colonel Monk Colonel Warren and others hasted over but with such Reluctancy of the Common Souldiers as the sharpest Proclamations of which there were several hardly restrain'd them from flying their Colours both before and after their arrival in England To prevent which and that the Souldiers might be secur'd in their Loyalty to his Majesty the Lieutenant General compos'd this Oath I Resting fully assured of his Majesties most Princely Truth and Goodness do freely and from my heart promise vow and protest in the presence of Almighty God that I will to the utmost of my Power and with the hazard of my Life maintain and defend the true Protestant Religion establish'd in the Church of England his Majesties sacred Person his Heirs and lawful Successors and his Majesties just Powers and Prerogatives against the Forces now under the Conduct of the Earl of Essex and against all other Forces whatsoever that are or shall be rais'd contrary to his Majesties Commands and Authority And I will do my best endeavour to procure and re-establish the Peace and Quietness of the Kingdom of England And I will neither directly or indirectly divulge or communicate any thing to the said Earl of Essex his Officers or any other to hinder or prejudice the Designs of his Majesty in the Conduct or Imployment of his Army Which that it may be taken by every Souldier follows the Precept By the Lieutenant General of his Majesties Army WHereas his Majesty hath been pleas'd to command the present transportation of a part of his Army here into England I do think fit and hereby Order that every Officer and Souldier to be transported hence do take the Oath above-written before they depart this Harbour Given at his Majesties Castle of Dublin 13. of Octob. 1643. Ormond And in respect that upon their going many Souldiers listed themselves under other Officers the Lord Lieutenant besides other Courses publisht the 13. of November an Edict that no Souldiers under penalty of death should depart from their former Commanders and Officers and that no Commanders and Officers on pain of displeasure should dare to entertain any Souldiers so offending And the 4th of Feb. 1643. the Lord General publisht a Proclamation That if any Souldier should stay behind that was commanded to go over or should after he was transported over into England run away from his Colours he being afterwards apprehended should presently suffer death without mercy Upon which as you see many came over into England and at Hawerden Castle Beeston Castle Bartomley Church Dedington House Acton Church and Durtwich improved their time but the main body the 25. of January 1643. was utterly defeated by Sir Thomas Fairfax raising the Siege of Namptwich 1500 common Souldiers besides Officers being there taken Prisoners besides those that were slain so that what advantage accrewed to the Regal Army by their coming over many believ'd was not very considerable unless those who came out of Munster were more successful The general if not all those who came to his Majesties assistance out of Ireland were his own Forces which he had sent against the Rebels from whom I cannot yet learn after all their professions of having no one hollow thought or subtile practice to serve two Masters or standing Neuters whilst their King was Party that any formed Regiment or considerable Party reach'd England no! it will hereafter appear how shamefully they deserted his Majesties Affairs even in Ireland it self when their Interest might have united them in Loyalty and Obedience Some months after the arrival of these and other Forces out of Ireland the Parliament of England made an Ordinance against the giving of any Quarter to any Irish man or to any Papist born in Ireland taken in Hostility against the Parliament by Sea or Land which his Majesty thought very severe they being called to the service of their Natural Prince The coming over of the English made several that were not so forward suspected in their Loyalty though in truth never any Prince had an Army more intirely affecting his Person then the generality of his Militia of Ireland who being sent thither or rais'd there were not yet wean'd from the Justice of that Cause hardly matchable in any example the War being said long since a great Instrument of State not an ambitious War of Foraigns but a recovery of Subjects and that after Lenity of Conditions often tried not onely to obedience but to Humanity and Policy from more then Indian Barbarism whereas the Affairs of England imbrued Relations in one anothers blood and the Concerns of Ireland were as much his Majesties as the other and the Cause undoubtedly Gods The Lords Justices and Council this while had a great task and not so much as straw to the Work the Confederates paying in the Money viz. 30800 l. they promised the 16th of September towards the maintenance of his Majesties Army this Cessation very uncertain as their Cows and Cattle of the worst taking within three days after the Cessation near 369 head of choice English Cattle from the suburbs of Dublin acting besides many other violencies on divers Castles Forts and Houses so as this agreement with the Rebels seemed rather a Protection then a Cessation of Acts of Hostility That in this extremity the Lords Justices Providence and Care how great soever could remedy little being their business now was to proceed in another course then formerly they had the Election of which grew hourly the heavier upon them by reason of the discontents which constantly arose from the Inhabitants and the Protestants now more then ever sensible of their Condition the Irish Agents making all the speed they could to repair with their Propositions to his Majesty then at Oxford according to an Article in the Cessation and his Majesties Proclamation thereupon by which they were allowed to send Agents to his Majesty of which the Protestants in and about Dublin being very apprehensive lest his Majesty should be pre-possessed of the Rebels sence they thought it most convenient to dispatch Agents presently to his Majesty and to that end about the 6th of October 1643. they meeting at the Earl of Kildare's house fram'd a Petition to the Lords Justices and Council humbly beseeching their Lordships for their License unto such as they should appoint to attend his Majesty in their behalf whereunto the Lords Justices and Council the 12. of the same month expressed their forwardness declaring how his
Expedition at Kilkenny Nor was it possible for the Marquis of Ormond to procure Justice to be inflicted in a Civil or Martial way upon an Ecclesiastical Person let his crime be what it would since even they whose zeal and affection to his Majesties Service was unquestionable and who were as highly offended at the intolerable carriage and proceedings of the Bishops and Clergy as they ought to be and whose duty was not in the least degree shaken by their Declaration and Excommunication were yet so tender of those Immunities and Priviledges which were said to belong to the Church and so jealous of the behaviour of the People in any case which should be declared a violation of those Priviledges that they would by no means have an hand in inflicting capital punishment upon any Church-men without the approbation and co-operation of the Bishops who were not like to be so hard-hearted as to consent unto any judgment upon the Accessories in those crimes in which themselves were the Principal So that he must not onely have determined by his own single will and judgment what was to be done in those Cases but he must have executed those determinations with his own hand And this consideration obliged the Marquis to all those condescensions and sufferings and upon all occasions to endeavour to dispose and perswade those Prelates from any obstinate and ruinous resolutions rather than to declare them to be enemies whom he could neither reform or punish The Excommunication was no sooner published by the Congregation and consented and approved by the other part of the Bishops and Clergy sitting at Galway but they quickly discerned how imprudently as well as unwarrantably they had proceeded in order to their own ends and that they had taken care onely to dissolve and disband all their Forces without making any kind of provision for the opposition of the Parliaments Forces who had quickly notice of their ridiculous madness and were thereupon advancing with their whole Power upon them the people generally who foresaw what must be the issue of that confusion thought of nothing but compounding with the Enemy upon any condition the Nobility prime Gentry and the Commissioners of Trust who saw their whole Power and Jurisdiction wrested from them and assumed and exercised by the Congregation continued their application to the Lord Lieutenant and desired him not to leave them exposed to the confusion which must attend his departure The gravest and most pious Clergy lamented the unskilful spirit of the rest and even some of the Bishops and others who were present at the Congregation and subscrib'd to the Excommunication disclaim'd their having consented to it though they were oblig'd to sign it for conformity So that they found it necessary within less than three days after the publishing it to suspend that dreadful Sentence and yet that it might appear how unwillingly they did those acts of sobriety and gentleness it will not be amiss to set down the Letter it self which the Titular Bishop of Clonfert and Doctor Charles Kelly writ to the Officers of the Army under the Command of the Lord Marquis of Clanrickard to that purpose which was in these words SIRS YEster day we received an Express from the rest of our Congregation at Galway bearing their sense to suspend the effect of the Excommunication proclaimed by their Orders till the service at Athlone be performed fearing on the one side a dispersion of the Army and on the other side have received certain intelligence of the Enemies approach unto that Place with their full force and number of fighting men and thereupon would have us concur with them in suspending the said Excommunication As for our part we do judge that suspension to be unnecessary and full of inconveniencies which we apprehend may ensue because the Excommunication may be obeyed and the service not neglected if the People were pleased to undertake the service in the Clergies name without relation to the Lord of Ormond Yet fearing the censure of singularity in a matter of so high a strain against us or to be deem'd more forward in Excommunicating then others also fearing the weakness of some which we believ'd the Congregation fear'd we are pleas'd to follow the major Vote and against our own opinion concur with them and do hereby suspend the said Censure as above provided always that after the Service perform'd or the Service be thought unnecessary by the Clergy or when the said Clergy shall renew it it shall be presently incurred as if the said Suspension had never been interposed And so we remain Your assured loving Friends in Christ Walter Bish. of Clonfert Charles Kelly Corbeg Sept. 16. 1650. If this Authentick Truth of which there is not room for the least doubt were not inserted who could believe it possible that men endu'd with common understanding and professing the Doctrine of Christianity and Allegiance of Subjects could upon deliberation publish such Decrees And who can wonder that a People enslaved to and conducted by such Spiritual Leaders should become a Prey to any Enemy though supplied with less power vigilance and dexterity than the Parliaments Forces always were who have prevailed against them and who by all kind of reproaches rigour and tyranny have made that froward and unhappy Congregation pay dear Interest for the contempt and indignity with which they prosecuted their Sovereign and his Authority His Majesty that now is being about this time in Scotland in prosecution of the recovery of his Kingdoms was by the Kirk Party which possess'd the Power of that Kingdom forced to sign a Declaration By which the Peace concluded with the Irish Catholicks in 1648. by Authority of the late King of ever glorious memory and confirmed by himself was pronounced and adjudged void and that his Majesty was absolved from any observation of it And this not grounded upon those particular Breaches Violations and Affronts which had been offered to his Majesties Authority and contrary to the express Articles Proviso's and Promises of that Treaty but upon the supposed unlawfulness of concluding any Peace with those Persons who were branded with many ignominious reproaches And though this Declaration in point of time issued after the Excommunication at James-town yet the notice of it came so near the time of the publication of the other that the Clergy inserted it in their Declaration as if it had been one of the principal Causes of their Excommunication thereby deluding the People as if that expedient of their Excommunication had been the onely foundation of security to the Nation and their particular Fortunes When the Marquis first heard of that Declaration in Scotland he did really believe it a Forgery contrived either by the Parliament or the Irish Congregation to seduce the People from their Affection and Loyalty to the King but soon after viz. the 13th of October being assured of its authentickness he immediately with the advice of the Commissioners
Citizens or others it is intended they shall be freed from any Suit or Censure in the Civil Judicature for things done in relation to the War during the time limited Memorandum as to the fourth Article aforegoing it is intended That the Citizens not excepted against within a month may tarry without particular application and have four months after warning given to remove themselves and Families and six months to carry away their Goods Memorandum also That all Soldiers or other persons not excepted in the second Article who through sickness are disabled to remove themselves at present shall have liberty to march away when they shall recover and have equal benefit with others in their conditions respectively And that from twelve of the clock this day there shall be Cessation of all acts of Hostility on either part But the Persons besieged not to come without the Walls except into the Island and the way leading to it nor the Besiegers to come within the Walls or Island saving into St. John's Gate until the time limited for surrender without license from the other Party respectively And lastly it is agreed That no Person shall be understood to forfeit the benefit of any the Articles for another mans breach thereof unless he be found to be consenting thereto or privy to it without discovering or endeavouring to prevent it Provided this extend not to indempnifie the Hostages in case of fail or of surrender In testimony whereof the Parties first above-mentioned have interchangeably set their Hands and Seals to the day and year first above mentioned Bar. Stackpoll Don. O Brien Dom. White Pierce Lacy. Nich. Haly. John Baggot It cannot be believ'd that these unequal and severe Conditions would have been accepted from any Army not strong enough to have imposed upon a People unwilling to submit to them and in a season of the year that alone would have secured a Place less provided for resistance but that Colonel Fennel the same night these hard demands were sent into the Town received in St. Johns Gate Tower 200 men from Ireton and the other were removed into another Fort called Price's Mill where after they had continued two days and the People of the Town not yet agreeing what they would do a Drum was sent through the City commanding all manner of Soldiers in pay within the Town to repair to our Ladies Church and there to lay down their Arms which was presently obeyed and the Soldiers being bid forthwith to leave the Town Ireton the 29th of October marched in and receiving the Keys was without any contradiction quietly possessed thereof causing as many of the excepted Persons as could be found to be committed to Prison and made Sir Hardress Waller Governour of the City In this manner was Limerick defended by the Catholick Irish and this obedience did the Prelates and Clergy in their need receive from those over whom they had power enough to seduce from the Duty they owed to the King and from submitting to his Authority and now was the Harvest that they gathered the fruit of all their labours The Instances of severity and blood which Ireton gave upon his being possess'd of this Place were very remarkable Edmund O Duyr the Bishop of Limerick had the dexterity and good Fortune that either by marching out amongst the Common Soldiers or by concealing himself with some faithful Friend in the Town which is not so probable to escape their hands and afterwards died at Brussels pursued with the malice of the Nuncionist Zealots whilst Ireton manifested what his portion would have been by the treatment they gave to Terlagh O Brien the Bishop of Emly whom they took and without any formality of Justice and with all reproaches imaginable caused him to be publickly hanged This unhappy Prelate had from the beginning opposed with great passion the Kings Authority and most obstinately adhered to the Nuncio and to that Party still which was most averse from returning to their Allegiance and was thus miserably and ignominiously put to death even in that City whence he had been a principal Instrument to shut out his Majesties Authority It may be remembred in the former part of this Discourse that when the King at Arms proclaim'd the Peace at Limerick in 1646. one Dominick Fanning a Citizen of the Town rais'd a Mutiny which Rabble affronted the Herald and wounded the Mayor and was himself by the Nuncio for that good service made Mayor in the former's place This man continuing the same bitterness of spirit against the King's Authority always opposed the receiving of a Garrison from the Lord Lieutenant This Dominick Fanning being one of those 24 which Ireton had excepted found a way amongst the Common Soldiers to get out of the Town notwithstanding all the diligence that was used to discover him When he was free and in safety he returned to the Town to fetch some Money that he had privately hid and to make some provision for his subsistance which he had not time to do before But going to his own house his Wife refused to receive him or to assist him in any thing whereupon he departed and after he had walked up and down the streets some time the weather being extreme cold he went to the Main-guard where was a good Fire and being discovered to be a Stranger and asked who he was voluntarily confessed that he was Dominick Fanning for whom such strict search had been made he was thereupon apprehended and the next morning carried before the Governour and immediately hanged The same Fate had Frier Wolf and Alderman Thomas Strich who when the Lord Lieutenant would have entred that Town in 1650. for its preservation rais'd a Tumult and shut the Gates against him And this very Colonel Fennel who by possessing himself of the Port and turning the Cannon upon the Town betray'd it to the Enemy though he had for the present the benefit of the Articles was within few months after taken by them and without any consideration of his last merit hanged as the rest had been In a word All those who had been the first causers and raisers of the Rebellion or who with most malice and obstinacy opposed their return to the Kings obedience and had the misfortune to fall into the Enemies hands as the Bishop of Ross whose Fate we have before told you Jeffery Baron who kept Waterford from receiving the Lord Lieutenant taken afterwards at Limerick and there hanged and many others were made examples of the like nature About the same time that Limerick was surrendred Sir Charles Coot defeated a Party of the Fitz-Patricks and Duyr's Forces who had regain'd Meleke Island after the taking of it by Colonel Axtel undergoing a resolute defence thereof to the baffling of his Foot which were worsted two or three times together but the Gallantry of his Horse recovered the Honour making 300 resolute Irish accept of Quarter for their Lives some 300 being slain and drown'd This business of Limerick
Colonel but neither they nor Mr. Moor would be seen therein themselves to those Gentlemen but would meet me privately and know what was done at every Meeting alledging for Excuse That I being first employed in that matter it would not be expedient that they should be seen in it And moreover they would not be known to be in the Town but by a few of their Friends until they were in a manner ready to depart the Town at least as long as I was in Town for I left them there But when I made them acquainted with their determination of desisting from that Enterprise they thought it convenient that we should meet with Mr. Moor and Colonel Bourn to see what was further to be done concerning the further intention of their own and according we did send to them that they should meet us and on that Meeting it was Where was only Sir Phelim Mr. Moor Colonel Bourne Captain Neal and my self After long debate it was resolved That we with all those that were of our faction should go on with that determination that was formerly made concluded to rise out Moreover to seize on the Castle as the Colonels were purposed for if it were not for their project and the advice sent by Colonel Neale we would never venture to surprise it neither was it ever thought on in all the Meetings and Resolutions between us before those Colonels did resolve on it but by reason that the other Gentlemen that were privy to these proceedings were not present the certainty of the time and the manner how to execute it was put off to a further meeting in the Country and this was resolved in Dublin on the Sunday at Night being the twenty sixth or twenty seventh of September and the meeting was appointed on the Saturday following at Mahone's house in Farney in the County of Monaghan And thereupon we all left the Town only Sir Phelim stayed about some other his private occasions but did assure his being there at that day and by reason that at that meeting the Gentry of Lemster could not be considering the remoteness of the place from them it was thought fit that Mr. Moore should there meet to receive the final Resolution and should acquaint them therewith And in the mean time Colonel Bourne who had undertaken for Colonel Plunkett should inform them all the intention conceived and dispose them in readiness against that day that should be appointed On Saturday I came to Mr. Mahone's house there met only Mr. mac Mahone himself Captain Neale Ever mac Mahone and my self and thither thatsame day came the Messenger that was sent to Colonel Neale and did report the Colonels answer and advice verbatim as I have formerly repeated from Mr. Moore and by reason that Sir Phelim his Brother or Mr. Phillip Reyly that were desired to meet did not meet we stayed that Night to expect them and that Night I received a Letter from Sir Phelim intreating us by any means not to expect him untill the Munday following for he had nor could dispatch some occasions merely concerning him but whatever became of them he would not fail of the Munday And the next day after receipt of the Letter being Sunday by Mr. Moores advice we departed from Colonel mac Mahones house to prevent as he said the suspition of the English there many living near to Loghrosse in the County of Ardmagh to Mr. Neale's house not Sir Phelim's Brother but Son to Mr. Henry O Neale of the Fewes Son in Law to Mr. Moore and left word that if Sir Phelim or any of those Gentlemen did come in the mean time they should follow us thither whether only went Mr. Moore Captain O Neale and my self and there we expected until the Tuesday subsequent before any of those did come On the Tuesday came Sir Phelim and Ever mac Mahone all the rest failing to come Mr. Mahone's wife was dead the Night before which was the cause that he was not there but I gave his assent to what should be concluded to win therein and execute what should be appointed him and then we five viz. Sir Phelim Mr. Moore Captain O Neale Ever mac Mahone and my self assuring our selves that those Gentlemen absent should both allow and joyn to what we should determine did grow into a final Resolution grounding all or most part of our hope and confidence on the Succours from Colonel O Neale to seize on the Castle and rise out all in one day and the day was appointed on the 23th of that Moneth this being the 5th day of October having regard therein to the day of the week whereon that day did fall which was the Saturday being the Market day on which day there would be less notice taken of people up and down the streets then began a question who should be deputed for the surprisal of the Castle and then Mr. Moore said he would be one of them himself and that Colonel Bourne should be another and what other Gentlemen of Lemster they could procure to joyn with them and seeing the Castle had two Gates the one the great the other the little Gate going down to my Lord Lieutenant's Stables hard by which Stables without the Castle was the Store-house for Arms they of Lemster would undertake one Gate and that should be the little Gate and the great Gate should be undertaken by those of Ulster and said he of necessity one of you both meaning Sir Phelim and me must be there for the mere countenance of the matter it being the glory of all our proceedings and all that his Speech was well liked of all present But Sir Phelim would be exempted from that imployment and so would I but then all of them set on me desiring me to be one alledging for Reason that their Proceedings and Resolutions were very honorable and glorious it being for Religion and for to procure more liberty for their Country as did say they of late Scotland and that in taking the Castle consisted all the glory and honour of the said Act all which should be attributed to them which should be imployed therein and so by consequence all or most part to be there being as they said the chief in that Enterprise and more Sir Phelim said that he would endeavour to take or procure others to take Londonderry the same day and if he should be away that place would not be taken with these and many other perswasions they obtained my consent and then the Captain offered himself they began to think what number should be imployed in that Act and they concluded on two hundred men one hundred from each Province for those States which they seize on of which number Sir Phelim O Neale should send forty with an able sufficient Gentleman to conduct them And likewise Captain Neale twenty Mr. mac Mahone Mr. Reyly ten more and I should bring twenty two then began a doubt how they should raise those men and convey them to