Election and had a Freehold of forty Shillings per annum the Town of Drogheda excepted was repealed and in lieu of it this Parliament enacts I. That Electors in Counties must have Freehold worth forty Shilling per annum ultra reprizas on pain of one hundred Shillings and that the elected in Counties Cities or Towns must be resident and the Sheriff shall forfeit one hundred Pound if he makes a Return contrary to this Act and the Party one hundred Pound more II. That on the Death Absence or Resignation of the chief Governour the Chancellor shall issue Writs to all the Privy-Counsellors in the Counties of Dublin Meath Louth Kildare Kilkenny Typerary Wexford Waterford Cork Kerry and Limerick and they being assembled shall chuse a Lay-man of English Birth to be chief Governour during the King's Pleasure and if no such Man fit for the Place can be got then the Council shall chuse two Lay Persons of English Blood and sirname to be Lords Justices to whom the Lord Chancellor shall administer the Oath and give Patents Note this Statute recites That the former Act already mentioned 10 Hen. 7. That in these Cases the Lord Treasurer should be chief Governour was repealed 13 Hen. 7. although the Roll be lost but whether it be so or not is not worth the Enquiry III. An Act touching mispleading and Jeofailes IV. That although all Estates are forfeitable for Treason yet because several of the Nobility lately created and others whom the King designs to enoble are very ignorant in the Knowledg of the Duty of a Subject they are the Words of the Act to the end they may not pretend Ignorance it is enacted That if any Person confederate with the King's Rebels against his Majesty or attempt any wilful War or Invasion against his Subjects or do transgress their Allegiance in any treasonable manner or do break their voluntary Pacts or Covenants made at the time of the King's Grant that then being convict thereof they shall forfeit all the Benefit and Effect of the King's Patents and for the time to come there shall be a conditional Clause inserted into every Patent to that effect V. An Act for the suppression of Kilmainham and other Religious Houses And in a 3d Session of this Parliament held at Dublin on Monday next after the Feast of All saints anno Dom. 1542 and 34 Hen. 8. it was enacted First That Meath be divided into two Shires viz. Meath and West Meath Secondly That Persons bound by Recognisance to appear in any Court shall be excused if they are in the King's Service and if their Recognisance be estreated they shall be discharged by Writ giving a new Bond for their Appearance at another Day And at another Session of this Parliament at Dublin the seventeenth Day of April 1543 it was enacted That the Castle and Mannor of Dungarvan should be united to the Crown And although all these Acts were Seasonable and very Good for that time yet there was not any one of them was of more Advantage to the Crown or that pleased the King better than that of making him King of Ireland for though it is manifest as the Act mentions that the Kings of England did always enjoy Regal Authority and Jurisdiction in Ireland under the Stile and Name of Lords yet the Irish did not pay that Reverence to the Name of Lord as they did to the Name of King or at least those that were traiterously disposed did make use of the distinction between Lord King Ware 161. to deceive and inveigle the Common People as hath been already related And therefore it being believed That this Statute would suppress and silence all those trifling Objections and Pretences there was exceeding Joy at the Publication of it in Dublin which was performed with great Solemnity at S. Patrick's Church in the presence of the Lord Deputy the Earls of Ormond and Desmond and others of the Nobility in their Parliament Robes and several of the Bishops and Clergy and the same Day a General Pardon was given to all Criminals and after much Feasting and Drinking and other Expressions of Joy the Ceremony was concluded with Bonfires And because some of these Laws were not practicable in Munster which was not so much inured to Civility as the Pale and those Countries near Dublin and where the use of the Laws of England except in some Cities and Towns where it was also much corrupted had been discontinued for almost two hundred Years The Lord Deputy and Counsel in magno Parliamento did publish certain temporary Constitutions Pro reformatione inhabitantium hujus Regni in partibus Momoniae qui nondum sic sapiunt Leges Jura ut secundum ea jam immediate vivere aut Regi possunt and they were notified to the Subject by way of Proclamation the twelfth of July 1542 and were as followeth 1. That King Henry be received and called King of Ireland 2. That Bishops may exercise their Jurisdiction in their Diocess according to the Law of God and the Canons 3. That Laymen nor Boys be not admitted to Ecclesiastical Preferments and that such as be in already shall be immediately deprived 4. That the Demesnes of Bishops and the Gleabs of Rectors and Vicars not exceeding ten Marks per annum be exempt and priviledged from Taxes 5. That all those who have Dignities or Benefices Ecclesiastical shall take Orders and Reside 6. That a General Peace be proclaimed throughout Munster and afterwards he that commits Murder or Robbery shall be fined forty Pound half to the King and half to the Lord of the Fee 7. That Larceny above the value of fourteen Pence shall be punished with the loss of one Ear the first time and tother Ear the second time and the third time with Death 8. No Horseman shall keep more Garsons or Boys than Horses on pain of twenty Shillings 9. That every Father shall answer for his Children Master for his Servants Gentleman for his Followers and Brother for his Brethren under his Tuition and shall give in a List of them 10. That every Kerne that has not a Master that will answer for him be taken as a Vagabond 11. That there be no more Exactions to maintain Horse or Foot or Kernes or to war against one another and that no more Coyne or Livery be taken but by the Deputies Order at a General Hosting 12. That nevertheless the Captain of the County must have the usual Contribution of the Country for the Publick and his own private Defence 13. That Petty Larceny be punished by a Fine of three Pound six Shilling and eight Pence whereof forty Shillings shall be paid to the Captain or Lord of the County and twenty Shillings to the Tanist si non est particeps criminis and six Shillings and eight Pence to the Informer 14. That no Man buy Goods above the Value of five Shillings from any suspected Person at his Peril if they prove to be stolen 15. Depopulatores
them desired the Deputy that his Chaplain might walk the streets with him in Trouses For then said he the Boys will laugh at him as well as at me whereto the Deputy gravely replyed That the want of Order and Decency would be their Ruine and demonstrated to them the Benefits of this Conformity But before we come to the Parliament I must take notice of an Inquisition taken at Cork on the 4th of Nov. 1584. whereby it appears 1. That the Manour of Guisnes alias Cloghroe belonged to the Crown and was usurped by Lombard Constable of the Castle 2. That the Manour of Callâ—n alias Glyn containing eight Plowlands between Cork and Kingsale was the ancient Inheritance of the Earl of March and was intruded upon by Richard Roch of Kingsale and that Glanny was an ancient Corporation 3. That Ballynimony alias Mourne near Mallow was an ancient Corporation 4. That on the death of Matthew Shyne Bishop of Cork that See had the three Plowlands of Ballynaspig the Rent of Rochfort's Lands the Rent of Curickanaâ—y of Ringnaskiddy Downaghmore Ahabullugg and Kanivy the Profits and Rent of Ballivorny and Killinully c. 5. That the Island of Inchydiâ—â—y near Cloghnakillty is escheated to her Majesty for want of Heirs and that the Bishop of Ross ought to have but seaven Marks half-faced Money out of the same 7. That Kinalmeky was the ancient Inheritance of the Crown and Barry Oge Farmer of it paid the Rent to the Exchequer and about the year 1460. O Mahown Carbry intruded on it and gave Mac Carty Reagh half for protection 7. That Cnoghor O Mahony was slain in the Earl of Desmond's Rebellion and dyed seized of the Signiory of Kinalmeaky On the 26th of April the Parliament met according to appointment and the Upper-house was very full for there appeared four Archbishops twenty Bishops the Earls of Ormond Kildare Tyrone Twomond Clanrickard and Glencar the Viscounts Buttevant Gormanstowne Formoy and Mountgarret and the Lords Athenry Kingsale Slane Delvin Killeen Honth Trimletstowne Dunsany Dunboyn Vpper Ossory Louth Curraghmore Insiquine Castleconnell and Cahir but the Lower-house was as thin for there were but 26 Cities and Boroughs in the Kingdom that sent Members to Parliament It was endeavoured to pass a Law to try Accessaries in absence of the Principals but it could by no means be effected however this Parliament did enact many other good Laws as followeth 1. An Act to attaint James Eustace Spencer 19. Viscount Baltinglass and others which is commonly called the Statute of Baltinglass and makes Estates Tail any kind of Inheritance forfeitable for Treason and provides against the fraudulent Conveyances of the attainted 2. An Act for the Restitution in bloud of Lawrence Delahide And then the Parliament was prorogued on the 29th day of May. The Lord Deputy did intend to suspend Poyning's Act that he might the more speedily pass such Laws as he thought necessary but some Gentlemen of the Pale grew jealous of the design and overthrew the Bill at the third reading and although upon a conference they were persuaded to pass the Bill yet their jealousies returning they overthrew it a second time There were also other Bills proposed viz. that the Lands of persons attainted of Treason should be vested in the Queen without Office and every Plowland should pay 13 s. 4 d. subsidy and that all those who should rebelliously take or detain any of the Queen's Castles should be guilty of Treason but these Bills were all damned in the Lower-house and the Acts against fraudulent Conveyances and an Act to help mispleading and Jeoffails were stopt in the Upper-house and an Act to enable Tenant in Tail to make Leases for 21 years could not obtain the Royal Assent The second Session of this Parliament was on the 28th of April 1586. and then the following Laws being enacted it was dissolved on the 14th of May. 1. An Act against Perjury and Subornation 2. An Act against Witchcraft and Sorcery 3. An Act against forging of Evidences 4. An Act of Impost and Custome of Wines 5. That all Conveyances made or pretended to be made by any person attainted within thirteen years before the Act shall be entered on Record in the Exchequer within a year or be void This Act did not pass the Houses without great difficulty and perhaps had not passed at all if John Mac Edmond Fitz-girald to prevent the Earl of Desmond's forfeiture had not produced a Feoffment made by that Earl before he entered into Rebellion which had taken effect and baffled the expectations of the undertakers if Sir Henry Wallop had not by good luck gotten the aforesaid Association made the 18th of July 1578. which was two months before the pretended settlement and to which this John Fitz Edmond himself was a party but upon the producing of that Confederacy and the discovering of this fraud and subtilty the honest part of the House were ashamed to abet so ill a cause and so this Act was made to prevent the like contrivances 6. An Act against forging or counterfeiting Coin not current in Ireland and that it be Misprision of Treason 7. An Act for the Attainder of the Earl of Desmond and many others his Complices mentioned in the Act. 8. An Act for the Attainder of John Browne of Knockmonhie and others 9. An Act for the Restitution in bloud of Taaf's Wife But I should have given a list of the Militia of Munster as it was in the year 1584. as followeth  Shot Bill-men The City of Waterford 100 300 Cork 100 300 Limerick 200 600 Clonmell 040 200 Killmallock 020 100 Fethard 020 100 Cashell 020 140 Kingsale 020 100 Carrick 020 040  740 1840 The Barony of Muskry 020 300 Carbry 030 1000 the County of Typerary 050 400 the Barony of Decyes 020 200 Imokilly 012 080 Condoni 008 060 Lord Barry's Countrey 030 200 Mac Cartymorâ— c. 008 400  178 2640 On the 26th day of December O Conner Sligo who had formerly taken a Patent for the County of Sligo at the yearly Rent of 100 l. per Annum did covenant that in lieu of Cess he would pay every year a fine Horse and 100 large fat Bieves per Annum for three years and afterwards 130 Bieves per Annum at Michaelmas at the Castle of Athlâ—an and also that he would at all Hostings bring 20 Horse and 60 Foot and maintain them 40 days and would pay in Money 25 l. per Annum and that in cases of necessity he should assist the Queen with all his Forces and that he should make legal Estates to the Freeholders they paying their proportion of the aforesaid Contribution and the Queen granted O Conner all Forfeitures for Felony or by Outlawry or Recognisance and all Waifs Strays and Penalties for Bloudshed On the 23d of May was published an Act or rather Proclamation of Indemnity and Oblivion for all Preys Stealths Plunders and many other Crimes committed or done before the first day of that
the Eighteenth of May there was an Order of Reference to him in the Controversie between the City of Dublin and the Merchants-Strangers from whom that City demanded Three pence per Pound Custom And on the Eighteenth of July he got an Order to the Lord Willâ—ot 〈…〉 General of the Army in Ireland to surrender that Office to him He had also the King's Letter of the Sixteenth of October to the Lords Justices That the Port-â—orn and Tithes belonging to the Chief Governor should be given to his Servants And he also obtain'd his Majesty's Commission of the Seventeenth of October to levy what Forces he should think fit or find necessary and an Order of the same Date to be paid the Charge of such Journeys and Progresses as he should think fit to make And Matters being thus fitted to his mind THOMAS Viscount WENTWORTH was on the Twenty fifth day of July sworn Lord Deputy 1633. to whom the Bishop of Kilmore and two other Bishops and the Inhabitants of the County of Cavan sent a Petition Bishop Bedel's Life containing some Complaints against the Army and some Proposals for the Regulation of it which was very ill resented at that time and interpreted to be a Mutinous and Insolent Attempt and brought the Bishop of Kilmore who was supposed the Author and Promoter of it under his Excellency's Displeasure until that Prelate afterwards explain'd himself averring That he did not intend by lessening or discountenancing the Army to expose with the Publick Peace his own Neck to the Skeins of the Romish Cut-throats But the Contribution or Tax of 20000 l. per Annum to which the Country had consented for two Years was now almost expired so that it was necessary to call a Parliament wich met the Fourteenth day of July 1634. 1634. at Dublin and granted Six entire Subsidies but not without the opposition of some Papists one of which moved That the Matter concerning the Subsidies might be put off to another time and then be again considered of This Parliament also passed an Act for the Confirmation of Patents afterwards to be past on the * Dated 29 June 1634. Commission of Defective Titles and then was Prorogued to the Fourth day of November following At the same time there was also a Convocation of the Clergy and preparatory to it the Precedency of the Archbishop of Armagh before the Archbishop of Dublin was determin'd and setled by his Majesty's definitive Sentence And this Convocation to manifest their Agreement with the Church of England did receive the Thirty Nine â—â—â—â—cles of that Church into the Confession of Faith of the Church 〈◊〉 Ireland nevertheless without aâ—rogating any of the Canons of the Convocation held Anno 1615. And a New Book of Canons for the most part agreeing with that of England was then compiled for the better Government of the Church of Ireland By vertue of these Six Subsidies which amounted to above 240000 l. and were payable Half-yearly the Lord Deputy was enabled to pay a Debt of 80000 l. due from the Crown and to support the Charge of the Kingdom without any Supply of Money from England This Lord Deputy had formerly obtain'd his Majesty's Order of the Sixteenth of January 1633. for the free transportation of so many Horses and Mares out of England as he the Lord Deputy should give Licence for by which means he changed Five hundred Foot of the Army for Six hundred Horse which were extraordinary good ones his own Stables exceeding that of any former Governors And indeed generally the whole Army was neither so well paid nor so well disciplin'd in any other time as it was in his On the Twenty fourth of September 1634. the King reciting That King James had by his Commission of the Tenth of August 1603. renewed or revived the Court of Castle-chamber as himself likewise had done by his Commission of 5 October 1625. and that now some Disputes are arisen whether that Court can sit out of Term or more than twice a Week His Majesty Orders That it it may sit when and as often as the Commissioners please and that a new Commission issue to that Purpose And about this time Emerus Mac Mahon afterwards Titular Bishop of Clogher discovered to Sir George Ratcliff a Plot for a general Insurrection in Ireland and Confess'd that himself had been imploy'd for some years in foreign Courts to solicite Aid to carry on a Rebellion which it seems they thought fit to adjourn to a more proper Season But on the 14th of November the Parliament met according to the Prorogation and sate till the 14th of December and were then Prorogu'd to the 26th of January from which time they sate till the 21st day of March and then it was again Prorogu'd to the 24th day of the same Month and sate from thence to its Dissolution which was on the 18th day of April 1635. I need not mention the Acts made in these several Sessions of Parliament because they are many and are to be found at large in the Printed Book of Statutes it is enough to say That they cull'd out all the choice Statutes that were made in England since the 20th of Henry the 8th that were proper for the Kingdom of Ireland and added to them some good new Laws that were peculiar to that Countrey The Parliament being thus ended and closed with an Act of Indemnity the Lord Deputy and Council made a Progress into Conaught to inquire into his Majesties Title to several Lands in that Province and on the 11th of July at Abby-boyle to still the Jealousies and Alarms the People were under at this great Inquisition they published an Act of Council 1635. That it was not his Majesties intention to take any thing from his People that was justly theirs and therefore that those who had effectual Letters Patents should have the full benefit of them as if they were found Verbatim in the great Office then to be taken provided the Patents or the Enrolment thereof were shewn to the Council-board before Easter Term next and by it approved to be good and effectual in Law and the like was done in other Counties of Conaught and so this great Inquisition which was one of the Spring-heads and Fountains of the succeeding Rebellion was with great Diligence and Success carried on and effected and the Kings Title was found to most part of that Province and a noble English Plantation was design'd Whereupon the Patentees and particularly the Lord Dillon of Costilo produced their Patents to the Council-board and it appearing those Patents were Granted by Virtue of a Commission 4 Jac. 1. wherein there was no direction about the Tenure it grew to be a Question whether the Patents to hold by Knights Service as of the Castle of Dublin were warranted by that Commission or valid in Law and after much debate it was solemnly adjudg'd That those Patents were void And this Case is well known to the Lawyers by the
whereupon those Grants are founded are to be handled as matters of State and be Heard and Determined by the Lord Lieutenant or other chief Governor or Governors for the time being and the Council publickly at the Council Board and not otherwise but Titles between Party and Party grown after these Patents granted are to be left to the ordinary course of Law and that the Council Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of Possessions of Lands nor make nor use private Orders Hearings or References concerning any such matter nor grant any Injunction or Order for stay of any Suits in any Civil Cause and that parties Grieved for or by reason of any proceedings formerly had there may commence their Suits and prosecute the same in any of His Majesties Courts of Justice or Equity for remedy of their pretended Rights without any restraint or interruption from His Majesty or otherwise by the chief Governor or Governors and Council of this Kingdom 13. It is further Concluded Granted and Agreed by and between the said Parties and His Majesty is further graciously Pleased that as for and concerning one Statue made in this Kingdom in the Eleventh year of the Reign of Queen Elizabeth intituled An Act for staying of Wooll Flocks Tallow and other necessaries within this Realm And one other Statue made in the said Kingdom in the Twelfth year of the said Queen intituled An Act And one other Statute made in the said Kingdom in the Thirteenth year of the Reign of the said late Queen intituled An explanation of the Act made in a Session of this Parliament for staying of Wooll Flocks Tallow and other Warts and Commodities mentioned in the said Act and certain Articles added to the same Act all concerning Staple or Native Commodities of this Kingdom shall be Repealed excepting for Wooll and Wooll Fells and that such indifferent Persons as shall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be Authorized by Commission under the great Seal to Moderate and Ascertain the Rates of Merchandize to be Exported or Importedout of or into this Kingdom as they shall think fit 14. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that care be had that the chief Governor or Governors of this Kingdom for the time being shall not continue in those Places longer than he shall find for the good of his People here and that they shall be Inhibited to make any Purchase other than by Lease for Provision of their Houses during the time of their Government 15. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Oblivion shall be Passed in the next Parliament to extend unto all His Majesty's Subjects of this Kingdom and their Adherents of all Treasons and Offences Capital Criminal and Personal and other Offences of what Nature Kind or Quality soever in such manner as if such Treasons or Offences had never been Committed Perpetrated or Done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers and Assigns of such of the said Subjects and their Adherents who died on or since the 23 th of October 1641. That the said Act do relate to the First Day of the next Parliament That the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Burroughs Counties Baronies Hundreds Towns Villages Tythings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesty's said Subjects or their Adherents or any of them in or since the 23 d. of October 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesty's said Subjects or their Adherents or any of them That in this Act of Oblivion Words of Release Aquittal and Discharge be Inserted That no Person or Persons Bodies Politick or Corporate Counties Cities Burroughs Baronies Hundreds Towns Villages Tythings or any of them within this Kingdom included within the said Act be Troubled Impeached Sued Inquieted or Molested for or by reason of any Offence Matter or Thing whatsoever comprized within the said Act and the said Act shall extend to all Rents Goods and Chattels Taken Detained or grown Due to the Subjects of the one side to the other since the 23 d. of October 1641. to the Date of these Articles and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were Due or did or should Accrue to his Majesty on before or since the 23 d. of October 1641. until the perfection of these Articles and likewise to all Mesne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to His Majesty since the said 23 d. of October and before until this present for by reason or which lay within the Survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to Discharge or Remit any of the Kings Debts or Subsides Due before the said 23 d. of October 1641. which were then or before Levyed or Taken by Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to Publick use of the said Roman Catholick Subjects but that such Persons may be brought to account for the same after full settlement in Parliament and not before provided that such Barbarous and inhuman Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them as to the Actors and Procurers thereof be left to be Tried and Adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them and that the Power of the said Commissioners shall continue only for Two Years next ensuing the Date of these present Articles Provided also that the Commissioners to be Agreed on for Tryal of the said particular Crimes to be Excepted shall Hear Order and Determine all cases of Trust where Relief may or ought in Equity to be afforded against all manner of Persons according to the Equity and Circumstances of every such Case And His Majesty's Chief Governor or Governors and other Governors and Magistrates for the time being and all His Majesty's Courts of Justice and other His Majesty's Officers of what Condition or Quality soever be Bound and Required to
in this present Parliament assembled is graciously pleased that it may be Enacted And be it Enacted by the King 's most Excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from and after the First day of this Session of Parliament it shall and may be lawful to and for all the Professors of the Roman Catholick Religion of what degree condition or quality to have use and enjoy the free and publick exercise and profession of the said Roman Catholick Religion and of their several and respective functions therein without incurring any Mulct or Penalty whatsoever or being subject to any restraint or incapacity concerning the same any Article or Clause Sentence or Provision in the said last mentioned Acts of Parliament or in any other Act or Acts of Parliament Ordinances Law or usage to the contrary or in any wise notwithstanding And be it also further Enacted That neither the said Statutes or any other Statute Acts or Ordinances hereafter made in Your Majesties Reign or in the Reign of any of Your Highnesses most Noble Progenitors or Ancestors and now of Force in this Kingdom nor all nor any Branch Article Clause and Sentence in them or any of them contained or specified shall be of force or validity in this Realm to extend to be construed or adjudged to extend in any wise to inquiet prejudice vex or molest the Professors of the said Roman Catholick Religion in their Persons Lands Hereditaments or Goods or any thing matter or cause whatsoever touching and concerning the free and publick use exercise and enjoyings of their said Religion function and profession And be it also further Enacted and Declared by the Authority aforesaid That Your Majesties Roman Catholick Subjects in the said Realm of Ireland from the first day of this Session of Parliament shall be and be taken deemed and adjudged capable of all Offices of Trust and Advancement Places Degrees and Dignities and perferment whatsoever within your said Realm of Ireland Any Acts Statutes Vsage or Law to the contrary notwithstanding And that other Acts shall be passed in the said Parliament according to the tenour of such Agreement or Concessions as herein are expressed and that in the mean time the said Roman Catholick Subjects and every of them shall enjoy the full benefit freedom and advantage of the said Agreement and Concessions and of every of them 5. It is Accorded Granted and Agreed by the said Earl for and in the bâ—â—â—lf of His Majesty His Heirs and Successors That his Excellency the Lord Marques of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majesty shall not disturb the professors of the Roman Catholick Religion in their present possession and continuance of the profession of their said Churches Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl until His Majesties pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for and Condescended unto by the said Earl 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto all and singular the professors of the said Roman Catholick Religion within the said Kingdom of Ireland for the due observance and performance of all and every the Articles Grants and Clauses therein contained and the Concessions herein mentioned to be performed to them 7. It is Accorded and Argeed That the said publick Faith of the Kingdom shall be ingaged unto the said Earl by the said Commissioners of the said Confederate Catholicks for sending Ten thousand men to serve His Majesty by order and publick Declaration of the General Assembly now sitting And that the Supream Council of the said Confederate Catholicks shall engage themselves to bring the said number of Men Armed the one half with Musquets and the other half with Pikes unto any Port within this Realm at the Election of the said Earl and at such time as he shall appoint to be by him Shipped and Transported to serve His Majesty in England Wales or Scotland under the Command of the said Earl of Glamorgan as the Lord General of the said Army which Army is to be kept together in one intire Body and all other the Officers and Commanders of the said Army are to be named by the Supream Council of the said Confederate Catholicks or by such others as the General Assembly of the said Confederate Catholicks of this Kingdom shall intrust therewith In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th day of August 1645. Glamorgan Signed Sealed and Delivered in the Presence of John Somerset Jeffery Barron Robert Barry Articles of Agreement made and concluded upon by and between the Right Honourable Edward Earl of Glamorgan and in pursuance and by vertue of His Majesty's Authority under His Signet and Royal Signature bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign for and on the behalf of His Most Excellent Majesty of the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the Confederate Catholicks of Ireland Donnogh Lord Viscount Muskerry Alex. M. Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires for and on the behalf of His Majesty's Roman Catholick Subjects and the Catholick Clergy of Ireland of the other part 1. THE said Earl doth Grant Conclude and Agree on the behalf of His Majesty His Heirs and Successors to and with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskerry Alex. Mac Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires That the Roman Catholick Clergy of the said Kingdom shall and may from henceforth for ever hold and enjoy all such Lands Tenements Tyths and Hereâ—itaments whatsoever by them respectively enjoyed within this Kingdom or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands Tenements Tyths and Hereditaments belonging to the Clergy within this Kingdom other than such as are actually enjoyed by His Majesty's Protestant Clergy 2. It is Granted Concluded and Agreed on by the said Richard Lord Viscount Mountgarret c. on the behalf of the Confederate Roman Catholicks of Ireland that Two parts in Three parts to be divided of all the said Lands Tyths and Hereditaments whatsoever mentioned in the precedent Articles shall for Three Years next ensuing the Feast of Easter which shall be in the Year of our Lord God 1646. be disposed of and converted for and to the Use of His Majesty's Forces employed or to be employed in His Service and the other Third part to the Use of the said Clergy resepectively and so the like
Titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Counsel-Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suits in any civil cause and that parties grieved for or by reason of any proceedings formerly had there may commence their suits and prosecute the same in any of his Majesties Courts of Justice or Equity for Remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the chief Governour or Governours and Council of this Kingdom and that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructious and that they shall contain themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietness as they be not necessarily enforced to exceed the same 14. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdom in the eleventh year of the Reign of Queen Elizabeth intituled led an Act for staying of Wool Flocks Tallow and other necessaries within this Realm and another Statute made in the said Kingdom in the twelfth year of the Reign of the said Queen intituled an Act c. And one other Statute made in the said Kingdom in the 13 year of the Reign of the said late Queen intituled an Exemplanation of the Act made in a Session of this Parliament for the staying of Wool Flocks Tallow and other wares and commodities mentioned in the said Act and certain Articles added to the same Act all concerning staple or native Commodities of this Kingdom shall be repealed if it shall be so thought fit in the Parliament excepting for Wool and Woolfels and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon Esq c. or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdom as they shall think fit 15. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdom pretending to have suffered by Offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdom in or since the first of King James his Reign or by Attainders or Forfeitures or by pretence and colour thereof since the said first year of King James or by other Acts depending on the said Offices attainders and forfeitures may petition his Majesty in Parliament for relief and redress and if after examination it shall appear to his Majesty the said persons or any of them have been injured then his Majesty will prescribe a course to repair the person or persons so suffering according to Justice and Honour 16. Item It is further concluded accorded and agreed upon by and between tht said parties and his Majesty is graciously pleased that as to the particular Cases of Maurice Lord Viscount de Rupe and Fermoy c. they may petition his Majesty in the next Parliament whereupon his Majesty will take such consideration of them as shall be just and fit 17. Item It is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Cork Towns of Youghal and Dungarven shall be forthwith upon perfection of these Articles restored to their respective possessions and estates in the said City and Towns respectively where the same extends not to the endangering of the said Garrisons in the said City and Towns In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annual Rent for the same until settlement in Parliament ☞ at which time they shall be restored to those their possessions And it is further agreed and his Majesty is graciously pleased That the said Citizens Free-men Burgesses and Inhabitants of the said City of Cork and Towns of Youghal and Dungarven respectively shall be enabled in convenient time before the next Parliament to be hold in this Kingdom to chuse and return Burgesses into the same Parliament 18. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of Oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their Adherents of all Treasons and Offences capital criminal and personal and other Offences of what nature kind or quality soever in such manner as if those Treasons or Offences had never been committed perpertrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers or Assigns of such of the said Subjects and their Adherents who died on before or since the 23d of Octob. 1641. That the said Act do relate to the first day of the next Parliament that the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Boroughs Counties Baronies Hundreds Towns Villages Tithings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesties said Subjects or their Adherents or any of them before in or since the 23d of Octob. 1641. Provided this Act shall not extend to be construed to pardon any Offence or Offences for which any person or persons have been convicted or attainted of Record at any time before the 23d of Octob. in the year of our Lord 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of release acquittal and discharge be inserted that no person or persons Bodies politick or Corporate Counties Cities Burroughs Baronnies Hundreds Towns Villages Tithings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprised within the said Act and the said Act shall extend to all Rents Goods and Chattels taken detained or grown due to the Subjects of the one party from the other
Pretence was Ridiculous because there were others of the same Lineage before him in the Pedigree and it was notorious That the Right of Succession was in Ann Daughter of Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence third Son of King Edward III. and accordingly her Grand-son afterwards possest the Kingdoms by the Name of Edward IV. And also finding that it was more vain to claim by Conquest when there was no fighting he was at last forced to rely on the Consent and Election of the People which was the Title his Embassadors insisted upon in the Courts of Foreign Princes Thus was the Foundation laid of those tedious and bloody Wars that afterwards ensued between the Houses of York and Lancaster commonly distinguished by the Appellations of the Red-Rose and the White that being the cognizance of the House of Lancaster and this the Badge of the Family of York This King was crowned on the thirteenth Day of October anno Dom. 1399. 1399. and Ireland was committed to the Care of Sir John Stanly 1399. Lord Lieutenant who came over thither Cotton's Records 390. on the tenth Day of December In his time the King obtained a Subsidy in England for three Years to provide for the Affairs of Ireland c. And about Whitsontide the Constable of Dublin-Castle and others near Strangford in Vlster encountred the Scots at Sea 1400. but with very ill Success for many Englishmen were there slain and drowned About this time the Town of Kilkenny was walled by Robert Talbot 1401. And about May the Lord Lieutenant repaired to England leaving his Brother Sir William Stanly Lord Deputy who on the twenty third Day of August surrendred unto Stephen Scroop Lord Deputy to the King's Son Thomas Duke of Lancaster who it seems came over only to provide and prepare for the Reception of Thomas Duke of Lancaster Seneschal of England and Lord Lieutenant of Ireland who landed on S. Bines-Day And on the fifth of July John Drake Mayor of Dublin with a Band of Citizens encountred and defeated four thousand Irish Outlaws near Bray in the Borders of Wicklow and slew four hundred ninety three of their best Men. This Lord Lieutenant held a Parliament in Dublin 1402. in September during which Sir Bartholomew Verdon James White Christopher White and Stephen Gernon slew John Dowdal Sheriff of Louth in Vrgile and committed sundry other Felonies and Robberies for which they were Outlawed and their Estates disposed of by Custodiam Cotton's Records 431. but afterwards the King pardoned them their Lives and restored them their Estates during their respective Lives only In October Daniel O Birne Lib. D. for him and his Sept or Nation submitted to the Lord Lieutenant and promised Allegiance and good Behaviour and to manifest his Sincerity he granted to the King the Castle of Mackenigan with the Apurtenances And on the thirteenth of December the Lord Lieutenant by Indenture set the Ferny in the County of Louth except the King's Castle to Aghy mac Mahon for Life Davis 48 at the Rent of ten Pound per Annum and Mac Mahon covenanted to be a good Subject And in February following O Reyly covenanted with the Lord Lieutenant and also swore to perform to the King during the minority of Mortimer all the Covenants he was obliged to perform to Roger Mortimer Earl of March and Vlster In May Sir Walter Betterly Steward of Vlster 1403. and thirty English were all slain And on the eleventh of November following the Duke returned to England and left Sir Stephen Scroop Lord Deputy 1404. who on the twenty sixth Day of October resigned to James Earl of Ormond 1405. Lord Justice who in April 1405 held a Parliament at Dublin and there the Statutes of Dublin and Kilkenny were confirmed as also the Charter of Ireland And this good Act was followed by good Success for in May two Scotch Barks were taken near Greencastle and another near Dalkye with their Captain Macgolagh Moreover the Merchants of Droghedae made Incursion into Scotland and brought thence both Pledges and Preys And the Dublinians also entred Scotland at S. Ninian and behaved themselves valiantly They also did the Welsh much harm and brought from thence the Shrine of S. Cubins which they placed in Christ-Church Dublin However the Irish burnt Oghgard and on the sixth of September the Lord Justice died at Gauran and was succeeded by Girald Earl of Kildare 1406. who probably was chosen Lord Justice by the Council In his time the Dublinians and their Neighbours on Corpus Christi-Day vanquished the Irish Enemies and took three Ensigns and brought to Dublin the Heads of those they had slain And the Prior of Conal had as good Success in the Plains of Kildare for with twenty Englishmen he defeated two hundred Irish and killed many of them But after Michaelmas came over Sir Stephen Scroop Lord Deputy He held a Parliament at Dublin in January which in the Lent after ended at Trim And about the latter end of February Meyler Birmingham slew Cathol O Connor About May the Lord Deputy 1407. accompanied with the Earls of Ormond and Desmond the Prior of Kilmainham and other Captains and Gentlemen of Meath set out from Dublin and invaded the Territory of Mac Morough at first the Irish had the better but at length the Constancy and Resolution of the English prevailed and O Nolan and his Son and others were taken Prisoners and after this was done they marched speedily to Calan in the County of Kikenny upon some Intelligence they had of the Rebels being thereabout and they so surprized them that the whole Party was routed and O Carol and eight hundred Men slain upon the Place But in June the Lord Deputy went to England and the Nobility and Council elected James Earl of Ormond Lord Justice In whose time a barbarous Tory called Mac Gilmore who is reported to have destroyed forty Churches and was never Christened had taken Prisoner Patrick Savage a Gentleman of great Esteem in Vlster they agreed upon his Ransome to be two thousand Marks and his Brother Richard was to become Hostage for it But this Subtle Barbarian managed the matter so that he received the Ransome according to Agreement and afterwards he murdered both the Brethren This Lord Justice held a Parliament at Dublin 1408. which confirmed the Statutes of Dublin and Kilkenny and also the Statute against Purveyors And on the second of August Thomas Duke of Lancaster came over Lord Lieutenant It seems that the Terms on which he undertook the Government were these First Lib. G. He was to hold the Place for seven Years Secondly He was to have five hundred Men at Arms and one thousand Archers for three Years Thirdly To have a Years Pay in Hand and afterwards to be paid every half Year Fourthly One thousand Marks per annum for himself and to be paid the Charge of Transportation
this he did because he was then in Rebellion against Henry the Sixth and to encourage his Partizans to repair to him in Ireland and by vertue of this Act he Executed William Overy Esq who was Servant to the Earl of Ormond And now the Abettors of Lambert Symnel and Perkin Warbeck which are the Lads mentioned in the new Statute excused themselves upon the aforesaid Act and therefore it was now repealed and all Receivers and Maintainers of Traytors are by this Act made guilty of Treason and Obedience is commanded to be paid to the Great Seal and Privy Seal of England and to Letters Missive under the Kings Signet IV. The Famous Statute commonly called Poyning's Act That no Parliament should for the future be holden in Ireland until the Chief Governor and Council do first certifie the King under the Great Seal of that Land as well the Causes and Considerations as the Acts they design to pass and till the same be approv'd by the King and Council and a Licence thereupon do issue from the King to summon a Parliament and that all Parliaments hereafter holden in other manner be void and of none effect And it is to be noted That this Act was by the Statutes of 28 Hen. 8. c. 4. c. 20. suspended as to that Parliament and by the Statute of 3 4. Philip and Mary it is very excellently and at large explained and by the Statute of 11 Eliz. c. 1. Poyning's Act was again suspended or superseded as to that Parliament in confidence that their most worthy Governour Sir Henry Sydny would not pass any Bills prejudicial to the Queen or the Kingdom but because they had not the same Assurance of their future Governours they did upon second thoughts and in another Session make a Law 11 Eliz. c. 8. That no Bill should for the future be certified into England for the Repeal of Poyning's Act until first such Bill should be approved of by the Majority of both Houses of Parliament in Ireland nevertheless whenever it shall happen that the English and Protestant Interest in Ireland shall overtop its Enemies and make a Majority in Parliamentary Assemblies that Act of Poyning's which was made only to help the English when too weak for the Irish will be obsolete and useless when the Irish Popish Interest becomes inconsiderable V. That all the Statutes against Provisors made in England or Ireland be put in execution here VI. That no Citizen or Townsman receive Livery or Wages from any Nobleman or Gentleman neither engage themselves by Indenture or otherwise to any Lord or Gentleman on pain of being disfranchis'd and expell'd the Corporation and the chief Magistrate to forfeit Twenty Pounds if he fail to punish the Transgressors of this Law and that no Lord or Gentleman shall retain any other but his Officers and Menial Servants on pain of Twenty Pounds VII That none be Aldermen Jurors or Free-men in any Town but such as have been Apprentices or constant Inhabitants there and that no man be Mayor but one known to be Loyal nor no Lord or other be made privy to their Consultations except their Recorder on pain of an hundred Marks and all their By-Laws contrary to the Kings Prerogative and Jurisdiction to be void and that this Act be recorded in every Corporation VIII That the Statutes of Kilkenny be confirm'd and executed except those about the Irish Language and riding on Saddles IX That the Subjects keep Bows and Arrows X. That the Captains of Marches do present the Names of their Retinue by Indenture that they may answer for their Defaults and that it be Felony to succour or willingly suffer Rebels or Enemies to pass and re-pass the Marches and that every Proprietor of Land in the Marches do reside thereon or appoint a sufficient Deputy to do so on pain of losing his Estate during his Absence and that all People near the Marches from Sixteen to Sixty be ready on warning in their best defensible Array to defend the same XI That no man compound for the Death or Murder of his Friend or Relation nor revenge it but according to Law XII That no man keep Fire-Arms after Proclamation on pain of Twenty Pounds XIII That it be Treason to stir up the Irishry to make War on the English or any body to make war against the chief Governour of Ireland XIV That one of the Realm of England be Constable of the Castle of Dublin and the like of Trim Lexlip Athlone Wicklow Green-Castle Carlingford Castlefergus repeal'd 11 Car. 1. c. 6. And hence arose the vulgar Error That no man can be Lord Lieutenant of Ireland but an Englishman born XV. An Act about the Records of Vlster Conaught and Trim. XVI That the Lords appear in their Robes every Parliament on pain of one hundred Shillings XVII That no man shall make Peace or War without the Consent of the Chief Governour on pain of one hundred Pounds c. for it is to be noted that before this time every Lord made War or Peace as he pleased without Pay or Commission XVIII That no man take Money or Horsemeat by colour of Gift Reward or otherwise by reason of any Menace and if he do the Giver is to forfeit an hundred Shillings unless he complains seasonably and the Taker is to suffer the Punishment appointed for the Takers of Coyn and Livery XIX That the Souldier shall pay three halfpence a Meal and his Man a Penny and a Penny for six Field-sheaves of Oats and Litter according and whoever refuses to quarter Souldiers at this Rate forfeits twelve pence a time unless he be a Man of twenty Marks Estate per annum and except Cities and Corporate Towns XX. That the Words Cromabo and Butlerabo and such like Words of Faction be abolished XXI That wilful Murder be High Treason XXII That all the Statutes late made in England concerning or belonging to the Publick Weal be henceforth good and effectual in Ireland And XXIII That the Statutes made by the Lord Gormanstown aforesaid he repeal'd and null There were many other Statutes made at this Parliament Lib. D. although they are not Printed Davis 171. One was That the King should have a Subsidy of twenty six shillings and eight pence out of every sixscore Acres of Arable Land in lieu of Purveyance which it seems was together with Coyn and Livery supprest by that Act Rot. Parl. c. 4. And another Act gave Power to the Lord Treasurer to govern the Kingdom on the Death or Surrender of the Chief Governor until the Kings Pleasure were known There was also an Act made in favour of the Knights of St. John's of Jerusalem to resume all their Possessions alienated by Prior Keating or his Predecessor Thomas Talbot and to restore the Jewels and Reliques they had pawn'd to depose the Preceptors they had placed in the Commanderies and that no man but an Englishman should be Prior for the future Another Act made a general
secret and of great forecast very staid in Speech dangerous of every Trifle that touched his Reputation Kildare was open and plain hardly able to rule himself when he was moved to Anger not so sharp as short being easily displeased and sooner appeased being in a Rage with certain of his Servants for Faults they committed one of his Horsemen offered Master Boice a Gentleman that retained to him an Irish Hobby on condition That he would pluck an Hair from the Earl his Beard Boice taking the Profer at rebound stept to the Earl with whose good Nature he was throughly acquainted parching in the Heat of his Choler and said So it is and if it like your good Lordship one of your Horsemen promised me a choice Horse if I snip one Hair from your Beard Well quoth the Earl I agree thereto but if thou pluck any more than one I promise thee to bring my Fist from thine Ear. But after all this simple Story is founded on a Mistake for the Earl of Ormond whose Name was Thomas lived in England in great Repute all the Reign of Henry the Seventh and afterwards until his Death anno 1515 and therefore the Person intended by the Story must by Sir James Ormond formerly Lord High Treasurer whom I have often mentioned in the Reign of the last King But this digression has been too long 1513. let us therefore return to the Lord Deputy whom we shall find animated with the last Years Success and resolved to invade Ely O Carol early in the Summer but his Preparations being great took up more time than he thought they would require but at last they were got ready and he began his March in August but at Athy he fell sick and from thence was removed to Kildare where on the third Day of September he died and was buried in Christ Church in Dublin to which he had been a liberal Benefactor And thus were the great Designs of this mighty Lord defeated even in the midst of his Career and at the very time when he promised himself most Glory and Success Gerald Earl of Kildare Son of the deceased Earl and Lord Treasurer was by virtue of the Act of Parliament formerly mentioned anno 10 Hen. 7. and by reason of his Place of Treasurer Spelm. Glos 334. made Lord Justice by assent of the Council But it seems that afterwards viz. 32 Hen. 8. there was a Statute made intituled An Act for the electing of the Lord Justice which restrained the Council from electing any body but an Englishman born and not in Orders The Lord of Slane was made Lord High Treasurer and Sir William Crompton Lord Chancellor and all other publick Matters were ordered as well and expeditiously as they could nevertheless so much time was taken up in these Alterations and in the Formalities of State that the Season was too far spent for any military Action this Year so that Daniel Mac william met with little Interruption in taking the Castle of Dunluce nor did the rest of the Irish find any Opposition this Winter but ravaged over the Country as they pleased However they paid dearly for it the next Spring For the valiant Earl of Kildare 1514. who was Heir to his Fathers Courage as well as to his Honour grew impatient at the Insolencies of O More and O Reyly and therefore resolved to attack them successively He began with O More and invaded the county of Leix and beat that Rebel and his Party into the Woods which being done he turned aside into the Brenny and took the Castle of Cavan and having slain Hugh O Reyly and many of his Followers he chased the rest into their inaccessible Fastnesses and then burnt and destroyed the Country and returned loaden with Booty William Viscount Gormanstown was the thirteenth of June made Lord Justice 1515. probably in the Absence of the Earl of Kildare who might then go to England to confer with the King about the Parliament designed to be holden in the Spring But however that be it is certain That Girald Earl of Kildare was by the King made Lord Deputy and on the twenty fifth Day of February held a Parliament at Dublin which by several Prorogations continued until the Thursday after Michaelmas 1517. Ware 92. This Parliament gave the King a Subsidy and made one good Act for those times viz. That no Man shall be compelled by Privy Seal to answer any Complaint in England until the Accuser enters into Recognizance in the Chancery of Ireland to pay the Defendant his Costs and Damages if he be acquit which very much abated that vexatious Course of Proceeding so that it is now obsolete and quite out of use On the third Day of August Ware 93. died Thomas Earl of Ormond at London he had been Embassador into France Privy-Counsellor in England and had Place in the English Parliament above all the Barons He was the richest Subject the King had and left forty thousand Pound in Money besides Jewels and as much Land to his two Daughters in England as at this Day would yield thirty thousand Pound per annum but he left no Issue Male to enjoy his Irish Estate which therefore descended to his Kinsman Sir Pierce Butler Earl of Ormond The Lord Deputy to repress the Incursions of the bordering Irish 1516. and to shew himself as fit for War as Peace invaded Imaly and slew Shane O Toole in Battle and sent his Head to the Mayor of Dublin Thence he marched into Ely O Carol where he was joyned by several Noblemen of Munster and Leinster of English Extraction and particularly by Pierce Earl of Ormond and James eldest Son of the Earl of Desmond and being strengthned with this Supply he undertook the Seige of Lemevan-Castle which the Garrison defended for a Week and then by Night deserted and left it to be demolished as it was by the Lord Deputy With this good Success he was encouraged to attempt the Town of Clonmel which he did with so much celerity that the Townsmen being surprized immediately surrendred upon Conditions And so the Deputy ended this Campeign and returned loaden with Hostages Prey and Glory It is worthy observation That the Irish had great Expectations of Advantage this Year by reason of a blind Prophecy generally believed among them Ware 95. That the poorest and weakest Sept in Ireland should this Year prove the most Powerful and Warlike It is probable that they were encouraged thereby to provoke the Lord Deputy to the aforesaid Expedition But however that be this is certain That Superstition hath been often fatal to the Irish Nation But Kildare finding it necessary to advance his Victorious Arms in Vlster 1517. reinforced his Troops and marched into Lecale where he took the Castle of Dundrum which had been very offensive to the neighbouring English thence he marched against Fylemy Macgenis whom he easily conquered and took Prisoner with the Slaughter of many of his Followers
Souls paid Tribute to Caesar though no Christian greater Honour then surely is due to your Prince His Highness the King and a Christian one Rome and her Bishops in the Fathers Days acknowledged Emperors Kings and Princes to be Supreme over their Dominions nay Christs own Vicars and it is much to the Bishop of Rome's shame to deny what their precedent Bishops owned Therefore his Highness claims but what he can justifie the Bishop Elutherius gave to S. Lucius the first Christian King of the Britains so that I shall without scrupling vote his Highness King Henry my Supreme over Ecclesiastical Matters as well as Temporal and Head thereof even of both Isles England and Ireland and that without Guilt of Conscience or Sin to God and he who will not pass this Act as I do is no true Subject to his Highness XIII That the King and his Heirs and Successors for ever shall have the twentieth part of the yearly Profits Revenues Rents Farms Titles Offerings and Emoluments Spiritual and Temporal belonging to any Archbishoprick Bishoprick Abbacy Monastery Priory Arch-Deaconry Deanry Hospital Comandry College House Collegiate Prebend Cathedral-Church Collegiate Church Conventual Church Parsonage Vicarage Chantry or Free Chappel or other Promotion Spiritual whatsoever And the King was so well pleased with this Act Lib. H. that he sent a particular Letter of Thanks to the Lords Spiritual for granting him the twentieth part of their Livings yearly for ever XIV That no Subject shall be shaved above his Ears or wear Glibbs or Crom-meals i.e. Hair on the upper Lip or Linnen died in Saffron or above seven yards of Linnen in their Shifts and that no Woman wear any Kirtle or Coat tucked up or embroydered or garnished with Silk or couched ne laid with Usker after the Irish Fashion and that no Person wear Mantles Coats or Hoods after the Irish Fashion except Women Horse-boys Cow-boys and Soldiers at the rising out and Hostings all which may wear Mantles And that every body shall endeavour to learn the English Language and conform to the English Fashion c. XV. And that Benefices shall not be given to any that cannot speak English unless after four Proclamations in the next Market-Town to the Benefice on four several Market-Days a Person that can speak English cannot be got and that then an honest able Irishman may be admitted on his Oath that he shall do his utmost endeavour to learn the English Language and observe the English Order and Fashion and teach those under him to do the like and shall keep an English School in his Parish to that purpose c. XVI An Act for the Suppression of Abbies XVII An Act against transporting of Wool and Flocks XVIII An Act about the Proof of Testaments XIX The Act of Faculties prohibiting the Subjects from paying any Pensions Cences Portions Peter-pence or any other Impositions to the use of the Pope and extinguishing and suppressing them for ever and authorizing Commissioners appointed by the King to grant Faculties and Dispensations as the Archbishop of Canterbury may do in England by vertue of the Act of Faculties there which is made of Force in Ireland XX. That Poyning's Act be suspended pro hac vice XXI An Act for Limitation of Actions on Penal Statutes viz. That Actions in the King's Name be commenced within three years after the Offence and Actions Popular within one year XXII An Act for prostrating the Wares on the River Barrow c. XXIII An Act for uniting and annexing the Parsonages and Vicarages of Dungarvan c. to the Crown XXIV That no body presume to leaze Corn whilst there be any Stacks or Reeks of Corn in the Field And that every man that cannot keep his Child at School do at ten years of Age put him to Handicraft or Husbandry XXV That the Leases made or to be made by the King's Commissioners viz. Saintleger Pawlet c. shall be good and valid any defect of Inquisition or Office c. notwithstanding Lastly An Act for the first Fruits of the great Abbies and Monasteries c. which were not vested in the King by the above Act ch 16. But this Statute is become useless by a subsequent Act that gives all the Abbies c. to the King And these are all the Acts of this Parliament to be found in the printed Statute-Book which I do not pretend to have critically or exactly abridged because I think it necessary for every man that will be nicely instructed in any Statute-Law to read the Statute at large and not to trust to an Abridgment but I have endeavoured to give such an Historical Account of these Acts as may illustrate this Collection and give the Reader some Light into the Affairs of those times Nor must it be forgotten that many of these Statutes are made in the later Sessions of this Parliament Anno 1537. And besides these Printed Acts there was another Law made at this Parliament against Fosterings and Marriage with the Irish and it was thereby made Treason to marry with the Child of any Man who had not swore allegiance and entred into Recognizance to observe it but this severe Law was repeal'd 11 Jac. 1. cap. 5. But whilst the Nobility and Gentry were at the Parliament O Connor made use of the opportunity as he used to do and invaded the Pale his Fury lighted most on the Barony of Carbry in the County of Kildare which he preyed and burnt and to revenge it the Lord Trimletstown and the Vice-Treasurer Brabazon with such men as they could on the sudden get together made an Incursion into Offaly and in like manner wasted and destroyed that Country which obliged O Connor to return home as fast as he could Sir William Brereton was likewise sent to the Confines of Vlster to parly with O Neal who complained That the League made between the Lord Deputy Skeffington and him was not duly observed on the English side so after some Expostulations upon that Point the same Agreement was renewed and confirmed And about the same time the King to reward the City of Waterford for its Loyalty and firm adhesion to the Crown sent to that City a gilt Sword and a Cap of Maintainance But John Earl of Desmond being dead the new Earl James who was a very active or rather a turbulent man began new Disturbances in Munster but he was timely opposed by the Lord Butler who wasted his Lands in the County of Limerick and repair'd and Garrison'd the Castle of Loghguir and it seems that the Lord Deputy came to Kilkenny the twenty fourth of July and having adjourned the Parliament Lib. D. as aforesaid he came to Loghguir the last of July and the next day he went to Carrigonel and took it the second of August and they say for some private Advantage redelivered it to the former Owner on the sixth of August they marched to Bryans-bridge and took the Castles and broke the Bridge but by the improvidence of
Knight of the Garter came over Lord Lieutenant Lib. C. says Burlace Lord Deputy says the Statute-Book He arrived at Bullock and was sworn in Christ-Church on the thirtieth day of August His Instructions bear Date the tenth of May and are to this effect First That the Army or rather Garrison shall be three hundred twenty six Horse eight hundred sixty four Foot and three hundred Kern Secondly That Port-Corn shall be reserved towards victualling the Army Thirdly That he endeavour to People Vlster with English and to recover Lâ—cale Newry and Carlingford from the Scots and to recompence Sir Nicholas Bagnal for his Interest in Vlster Fourthly Lib. H. That Mac Cartymore be ordered to hold his Estate after the English manner as the Earls of Thomond and Clanrickard do And he had also other Instructions to him and the Council to set up the Worship of God as it is in England and to make such Statutes next Parliament as were lately made in England mutatis mutandis and to dispose of Leix and Offaly to the best Advantage of the Queen and the Country This Lord Deputy held a Parliament at Dublin on the twelfth day of January which enacted the following Laws and then was dissolved on the twelfth of February First That the ancient Jurisdiction over the State Ecclesiastical and Spiritual be restored to the Crown And Foreign Authority abolished and that the Acts of Appeals and Faculties be revived and also as much of the Act of Marriage as concerns Consanguinity And the Act of Repeal made the 3 and 4 Philip and Mary repealed And an Act of 3 and 4 Philip and Mary to revive three Statutes concerning Heresie and the three Statutes therein named be repealed except so much thereof as concerns Premunire And that the Queen and her Successors may appoint Commissioners to exercise Ecclesiastical Jurisdiction And that all Officers and Ministers Ecclesiastical or Lay all Ecclesiastical Persons and every one that has the Queen's Wages shall take the Oath of Supremacy on pain of losing his Office And shall be uncapable to take any Office Ecclesiastical or Temporal if he obstinately refuses the Oath tendered to him He that sues Livery or takes Orders must take the Oath And a Penitent upon taking the Oath shall be restored to his Office of Inheritance He that shall extol maintain or advance Foreign Jurisdiction shall for the first Offence lose his Goods and if they be not worth twenty Pound then a Years Imprisonment without Bail besides and if it be an Ecclesiastical Person shall likewise lose all his Benefices and the second Offence to be Premunire and the third High-Treason provided the Prosecution for Words be within half a Year after the speaking Nothing shall be adjudged Heresie but what has been so by the Scripture first four General Councils or some other General Council by express Words of Scripture or shall be by Act of Parliament That there must be two Witnesses And that no Man be esteemed as Accessary till two Witnesses prove he knew the guilt of the Principal before he relieved him c. Secondly An Act for Uniformity of Common-Prayer Thirdly An Act for Restitution of the First-Fruits and twentieth part of Spiritual Benefices to the Crown Fourthly An Act for consecrating Archbishops and Bishops Bramhal 438. And it is observed by Archbishop Bramhal That no Papists ever did or could make the least Objection against the Ordination of the Protestant Bishops in Ireland For besides that Archbishop Brown the first Protestant Bishop in Ireland was ordained by the Bishops of Canterbury Rochester and Salisbury and many of the Irish Bishops were ordained by Brown The very Popish Bishops did assist at the Consecration of most of the Protestant Bishops and complied with the Government and kept their Sees until they had sacrilegiously betrayed the Church and alienated most of its Possessions one Bishoprick being left so poor that it had but forty Shillings per annum Ware de Praesulibus 27. and another but five Mark Thus Loftus Archbishop of Armagh was consecrated by the Popish Archbishop Curwin Ibid. 128. 59. Thomas Lancaster the first Protestant Bishop of Kildare Ibid. 148. was consecrated by Archbishop Brown and John Merriman Ibid. 188. the first Protestant Bishop of Down and Connor was consecrated by Lancaster when Primate Bale Bishop of Ossory was consecrated by the Popish Bishops of Armagh Kildare and Down Casy Bishop of Limerick was consecrated by Archbishop Browne assisted by the Popish Bishops of Kildare Ferns and Leighlin c. Fifthly An Act of Recognition of the Queen's title Sixthly That it be Premunire to say the Queen has no Right to the Crown and Treason to write it Seventhly That the Priory of S. John of Jerusalem be united to the Crown The Parliament being dissolved the Deputy went immediately to England to give an Account thereof and by the Queen's Orders substituted Sir William Fitz Williams 1559. Lord Deputy he was sworn in Christ Church on the fifteenth of February and his Patent bears date at Westminster the eighteenth day of January 2 Eliz. In his time Shane O Neal broke out again into Rebellion Cambd. 121. and overthrew O Reyly in the Field and took Calagh O Donel Lord or Chief of Tyrconnel Prisoner together with his Wife and Children and afterwards lived with her in Adultery and kept her by Force and he seized upon O Donel's Castles Lands and Goods and in all things behaved himself as King of Vlster 1560. And about the same time Money which in King Henry the Eighth his Days was much debased was raised near to the intrinsick value and Sterling Money was stamped but it was made currant at a fourth part more than it passed for in England so that an English nine Pence was twelve Pence Irish and so it continued until the Year 1601. when her Majesty's vast Expence in Ireland forced her by the Advice of the Lord Buckhurst to mingle Brass with the Silver which was therefore called mixt Monies but the Government then was so steady that the Soldiers suffered it without Mutiny although it was of infinite Prejudice to them But to proceed Thomas Earl of Sussex came over again Lord Lieutenant 1560. I suppose in April for on the seventh of May the Queen sent him Orders to perswade the Earl of Kildare to go to England and that the Queen would lend him Money in England on his Bond and if the Earl refused then the Lord Lieunant was to shew him the Queen 's positive Commands to that effect and if he still declined the Voyage then the Lord Lieutenant was to apprehend him This Lord Lieutenant brought with him new Instructions Lib. C. 1. To build Castles in Leix and Offaly and to people those Countries by granting Estates to the Planters and their Heirs Males 2. To settle Vlster and to admit Surleboy Tenant to the Lands he claims in Fee binding him to contribute to the Publick Service
Barony of Idrone from the Cavenghs by the Judgment and Decree of the Lord Deputy and Council The Lord Deputy summoned a Parliament which accordingly met at Dublin on the seventeenth day of January 1568. 1568. The Deputy appeared in Robes of Crimson Velvet lined with Ermin and after an Eloquent Speech from the Lord Chancellor Weston in commendation of the Law and her Majesties Government the Commons departed to their House and chose Stainhurst Recorder of Dublin for their Speaker who being approved by the Deputy on the twentieth of January made his Request as is usual First For Priviledge of Parliament that the Members might come and go without Molestation Secondly for Freedom of Speech Thirdly That the Punishment of any Offender should be lest to the House all which were granted and the Houses adjourned to the next Day But the Popish Party were dissatisfied that Sir Christopher Barnwel was not chosen Speaker and therefore began to Mutiny alledging First That several Members were returned from Towns not Incorporated Secondly That certain Sheriffs and Mayors had returned themselves Thirdly That several Members were returned that were so far from being resident according to Law that they did not know the Corporations that chose them And after four days debate and many high Words the matter was referred to the Judges and they approved of the two first Objections but as to the third they said that the return of Non-residents might be Penal to the Sheriffs but did not incapacitate the Member that was returned to sit in the House But the Judges Answer being reported to the House by the Speaker did not at all please the Papists and therefore Sir Lucas Dillon who was Attorney General was sent for to the House to testifie that it was the Judges Opinion and his also that the Non-resident Members might sit in the House Hooker 120. but neither did this satisfie them On the contrary when the Speaker ordered a Bill to be read the Mutineers opposed it in a very dissorderly manner and so it rested till the two Chief-Justices the Queens Serjeant at Law Attorney-General and Solicitor came to the House the next day and affirmed their Opinions and Resolutions as already mentioned Nevertheless the Male contents who were loth to part with their Irish Captainries and exactions continued their endeavours to obstruct the Proceedings of this Parliament and opposed almost every Bill that was read especially that of repealing Poyning's Act pro hac vice and the Bill for an Impost upon Wines but this had been tolerable if their Behaviour had not been unruly and unbecoming the dignity of that great Assembly Hereupon my Author John Hooker Burgess of Athenry stood up Hooker 121. and spoke to the Bill for the impost on Wine and took an occasion to mention the great Charge the Queen was at for the Defence of the Kingdom and the Protection of the Subject and then reflected on the Rebellions and Ingratitudes of the Irish because the former occasioned that vast Expence and the latter hindred that Contribution which ought to supply it he affirmed the Queen might by her Prerogative have imposed Tonnage on Wine but it would be more pleasing to her to receive it by their Consents expressed in an Act of Parliament and concluded with a comparison of the Mutinies of the Irish against the Lord Deputy to that of the seditious Israelites against Moses The discontented Members were hereupon enraged against Hooker and behaved themselves so tumultuously that some of the Protestants found it necessary to guard him Home to Sir Peters Carews House to prevent the violence they suspected or rather perceived to be designed against him and the next day Sir Christopher Barnwell stood up in the House to speak to a Bill but he pretermitted all that was pertinent and instead of that spent his discourse in Reflections upon Hooker affirming that if Hooker's Calumnies had been uttered any where but in that House they would all have died rather than have suffered them but he was at length interrupted by the Speaker and told That if he had any cause of Complaint he should bring in his Impeachment regularly and in writing but it seems he did not think sit to do so and these Heats cooling by degrees the Parliament at length proceeded with good Success and made these following Acts. I. That in lieu of Coin and Livery and for the Queens Assistance she shall have a Subsidy of thirteen Shillings and Four-pence per Plow-land for ten Years for every Plow-land occupied or manured Cross and Clergy-Land included and a Commission to issue to ascertain Plow-lands and Dublin Cork Kingsale and all priviledged Places to be free from Subsidy for the Corporation Lands and certain Gentlemen for their Demean Lands and Coin and Livery Cartings and Carriage to be suppressed II. A limitation of places for Tanning Leather Repealed III. A Confirmation of the Attainders made by Parliament 28. Hen. 8. And of the Estates of the Patentees in the then forfeited Lands IV. That five of the best of every Tribe shall answer for all the Dammages committed by any of their Family and though this Act be since repealed yet it was a very good Law at that time V. To revive the Acts of Forestallers Servants Wages and Jeofails And so being adjourned to the twenty first day of February they then met and Enacted that Statutes concerning the good Governance of the Kingdom and the augmentation of Her Majesties Revenue may be made in this Parliament non obstante Poyning's Act. And on the twenty third of February the Parliament sat again and Enacted I. The attainder of Shane O Neal and the extinguishment of the name of O Neal and that the Queen be entituled to the Country of Tyrone and other Lands in Vlster II. An Act to make Trinity-Term shorter III. An Act to entitle Her Majesty to the Estate of Thomas Fitz Girald Knight of the Glin. IV. An Act for the Preservation of Salmon and Eeel-Fry V. An Act against laying Hemp Flax or Limed Hides in any fresh River or running Water VI. That whereas Persons have been admitted to Ecclesiastical Dignities which had neither Legitimacy Learning English Habit or English Language but were the Issue of unchast and unmarried Abbots Priors Deans Chantors and such like getting into the same Dignities by Force Symony or other undue Means therefore the chief Governor of Ireland shall for ten Years to come have the sole nomination of all Deans Archdeacons Chantors Chancellors and Treasurers of Cathedral Churches in Munster and Connaught those of Waterford Cork Limerick and Cashell excepted and no Man shall be presented unless he be of full Age and in Orders and can read and speak English and will reside VII That no Man take upon him to be Captain of a Territory without a Patent for it or use any sort of Irish Exactions on Pain of an Hundred Pound for a Lord and an Hundred Marks for a Commoner VIII That no Bill
to repeal Poyning's Act shall be certified into England until first it be agreed upon by a majority of the Parliament of Ireland IX That the rest of the Kingdom be divided into Shires X. That no Wool Flocks Flax Yarn Sheep-Skins Goat-Skins Calve-Skins or Deer-Skins unwrought nor Beef Tallow Wax or Butter shall be transported until it pay the Custom in the Act mentioned and the petty Duties to Coporations in the Act likewise mentioned on the Penalties therein contained provided Prosecution be made within nine Months after the Offence committed XI An Act for the Impost on Wines XII That the Earl of Kildare's Brother and Sisters be restored in Blood The Parliament was Adjourned to the twelfth of May and then they met and Enacted 1. That Schools be erected in the Shire-Town of every Diocess at the Costs of the whole Diocess by the direction of the Bishop and the Sheriff and the chief Governor shall nominate an English School-master and appoint his Salary whereof the Bishop shall pay one Third and the Clergy the other two Parts the Bishops of Armagh Dublin Meath and Kildare and their Successors shall name English School-Masters for their respective Diocesses 2. That all Exemplifications under the Great Seal and the Seals of the King's Bench Common Pleas and Exchequer subscribed by the Lord Chancellor both Chief Justices and Chief Baron shall be as effectual in all Courts as the Original Record but it must contain a Clause that all those Seals are to it 3. An Act about the Standard of Measures for Corn. 4. An Act impowering the chief Governour and Council to grant Patents to such of the Irish as the Queen shall direct And then the Parliament was Adjourn'd to the fifth of December 13 Eliz. At which Session the Earls of Thomond and Glencar who had reconciled themselves to the State were present and the Parliament made five Acts of no great importance recited in the Statute-Book from pag. 267. to pag. 279. But whilst the Lord Deputy and the Parliament were endeavouring the Prosperity and Peace of Ireland by enacting good and wholsom Laws others were as busie to countermine them and to put all into Disorder and Confusion for some of the looser sort of the Irish Lords were distasted to that degree at the loss of their Captainries and Irish Extortions as also at the Impost on Wine that they resolved by force to rescind those Laws or at least prevent the execution of them and so making Religion their Pretence they confederated together James Fitz-Morris was the Bell-weather of this Flock and the Ringleader of all this Mischief he added to the general Grievances the particular Injuries done to his own Family by the imprisonment of the Earl of Desmond and his Brother Sir John and he inveigled the Earl of Glencar by telling him That the Queen was to be married to the Earl of Leicester and that thereupon the Lord Deputy who married that Earl's Sister was to be King of Ireland and when the Earl of Glencar was once engaged Mac Donogh and many more of the Cartyes came in of course and Fitz Girald commonly called Seneschal of Imokilly was as forward in this Rebellion as any of them and although Sir Edmond Butler who was Seneschal to his brother the Earl of Ormond and consequently hated all the Family of Desmond and had formerly pretended to serve against James Fitz-Morris Yet partly because he did not dare to appear before Commissioners sent by the Lord Deputy to Kilkenny to examine and redress the grievous Complaints made against him and partly for Zeal to the Catholick Cause and Fondness of the Irish Usurpations he sacrificed his private Resentments to the publick Concern and joyned with the rest of the Rebels The Confederates being resolved to make something of this Rebellion if it were possible sent the Titular Bishops of Cashel and Emly Hooker 130. and the youngest Brother of the Earl of Desmond as their Ambassadors to the Pope and the King of Spain to implore Aid and Assistance to rescue their Religion and Country from the Tyranny and Oppression of Queen Elizabeth But the Lord Deputy was not idle but assoon as he had notice of this Confederacy he proclaimed them Traytors and ordered Sir Peter Carew Governor of Leighlin to begin the War which he did and being accompanied by the Captains Malby Gilbert Basnet and others he took Sir Edmund's Castle of Cloghgriman and gave the Spoil to the Soldiers and thence he marched to Kilkenny and upon intelligence that three thousand Men were within three Miles of that City Sir Peter Carew sent Henry Davels to discover them and being satisfied by him that they were not above two thousand he resolved to attack them Captain Gilbert and Davels and twelve more began the Charge which was well seconded by Carew Malby and Basnet and the Success was accordingly four hundred Gallowglasses being slain without the loss of any English Man Captain Malby's Servant only excepted Not long after James Fitz-Morris besieged Kilkenny but both Garrison and Citizens behaved themselves so well that Fitz-Morris was fain to execute his Malice on the Country-Villages and smaller Towns and those he did not spare particularly he robbed old Falco Quiverford of Galan who had been Servant to three Earls of Ormond of two thousand Pounds in Money Plate and Houshold-stuff besides Corn and Cattel Another Party went to the County of Wexford and at a Fair at Iniscorthy committed most vile Outrages ravishing Women and killing or imprisoning every body they met with nor did the Queens County and Ossory fare any better The Lord Power 's Estate and the whole County of Waterford were in the same condition and even the very County of Dublin had its share of Desolation But the Confederates finding no Effects of their former Ambassy sent new Messengers to the Pope and King of Spain and also sollicited Turlogh Lynogh to procure the Aid of the Scots and were so diligent that nothing was left undone that might tend to subvert the Government and clear the Country of all English Men and English Laws The Earl of Ormond then in England troubled at the Disloyalty of his Brethren offered his Service against them and undertook to reclaim them by Perswasion or Force and to that end he arrived at Wexford the fourteenth Day of August being the very Day of the aforesaid Fair at Iniscorthy I should have mentioned That Sir Warham Saint Leger was anno 1566 made President of Munster and now the Lord Deputy having notice that Sir Warham's Lady was in her Husband's absence much distressed at Cork and daily threatned by the Irish he resolved to march that way to relieve her and with six hundred Men only he set out from Kilkenny and came to Clonmel and thence he sent to Waterford for a few Citizens for three days to assist him in his Passage over the Mountains but that City obstinately insisted upon its Privileges and refused to send any Men however Mr. Wise
not to be named did very much scandalize the Patrons of his Preferment Nevertheless his unparallel'd Repentance and the most Pious manner of his Death hath obtain'd for himself the Pity of all good Men and undoubtedly the Mercy of God And it is observable 1637. that the Earl of Cork and this Bishop Atherton did on the 27th of June 1637. joyn in a Petit on to the Lord Deputy and Council to appoint Arbitrators to decide their Controversies and accordingly the Bishop of Derry and the Master of the Court of Wards were Assigned to that purpose and in their Adward which I have seen they recite that the Bishopricks of Waterford and Lismore by the Alienations of former Bishops were left worth but Fifty pound per Annum Revenue in Land and that the Earl had not purchased any thing immediately from the Church but from other Persons for valuable Considerations near Forty years before yet out of Love to Religion and the Professors thereof he was contented to part with some of his Right and so they Adwarded Lismore c. to the Earl and Ardmore c. to the Bishop and this Adward was afterwards confirm'd by the Lord Lieutenant and Council and after that by the King Anno 1638. 1638. Doctor Bedell Bishop of Killmore held a Synod in his Diocess which was a thing very strange and unusual in Ireland Nevertheless it made excellent Cannons or Constitutions which are to be sound in Bishop Bedell's Life pag. 237. But Matters growing high in Scotland and England the Lord Deputy went over to the King and left ROBERT Lord DILLON of KILLKENNY WEST Sir CHRISTOPHER WANDESFORD Mr. of the Rolls Lords Justices who were Sworn on the 12th of September 1639. and soon after call'd a Parliament which met on the 16th day of March but did little or nothing until THOMAS Earl of STRAFFORD returned Lord Lieutenant on the 18th of March 1639. and on the 20th the Irish Parliament met again and Granted four entire Subsidies to the King and were on the 17th day of June prorogued to the First day of October following having first made the Twelve Acts to be found at large in the Printed Statutes 15 Car. 1. The first of these four Subsidies was Assessed at 46170 l. but the Second and Third of these Subsidies being in the absence of some Protestant Members with the Army at Caricfergus upon the Motion of Nicholas Plunket Assess'd in another manner did not together amount unto more then 23768 l. 15 s. 0 d. and the Fourth Subsidy was never Taxed at all by reason of the Rebellion that ensued And it is to be Noted that the Protestants paid more than one Third of the Commons part of the Subsidies besides 26480 l. 6 s. 0 d. Granted in Fourteen Subsidies by the Protestant Clergy only and above Three fourths of the Nobilities part of these Subsidies or more for the Nine Subsidies on the Nobility came too 52850 l. 18 s. 4 d. whereof the Confederate Lords paid but 10620 l. 18 s. 4 d. and it is very remarkable that foreknowing the Rebellion as undoubtedly they did they paid not one Penny of the Second or Third Subsidies and the Commons paid so little that of the Three Subsidies on them there was in Arrear when the Rebellion broke out 23855 l. 9 s. 7 d. And yet these Gentlemen or their Advocates have bragged in some of their Libels That they gave the King near a Million of Money But to proceed The Lord Lieutenant upon the Credit of these Subsidies and the annual Revenue which now was improv'd to above 80000 l. per Annum was enabled to raise Eight thousand Foot and One thousand Horse additional to the Veteran◠〈◊〉 they cost the Kingdom in raising clothing and paying them 204057 l. and were design'd to sudue the Rebells in Scotland and awe the Mutineers in England but being mostly Papists who were thereby Train'd to the use of Arms this Army was so offensive to all moderate and thinking Protestants that it brought great dis-repute and prejudice on the Kings Affairs and in the end cost the Lord his lieutenant his Head The Lord Lieutenant was exposed to the Hatred of the Presbyterians Husbands Collections 2 part 245. for imposing a new Oath on the People hereafter mentioned which was so much abhorr'd by many that they quitted the Kingdom rather then take it and he was open also to the Jealousies of the Protestants by bringing over with him Sir Toby Mathews a Jesuited Priest and by the Correspondence that was known to be between Paul Harris another plotting Priest and Sir George Ratcliff the Lord Lieutenant's intimate Friend and by suffering Publick Mass-houses at the Naas so near his own House and by permitting Fryars to dwell in a House of his own which he had built to other Uses But notwithstanding all this it is certain he was no Friend to Popery but only temporiz'd until he should meet with a more proper Season to go through with that Work as himself expresses it About this time Archibald Adair who had been Bishop of Killalla since the Year 1630 was deprived of his Bishoprick upon this Occasion One Corbet a Clergy-man that fled from Scotland for writing a Satyrical Book against the Covenanters called Lysimachus Nicanor was sent to this Bishop for Preferment but he being a moderate Man and perhaps too indulgent to his own Nation did not approve of Corbet that had handled the Scots so severely and therefore he gave no countenance to him but on the contrary told him That it was a bad Bird that foul'd his own Nest which was the sharper because Corby in Scotch signifies a Raven And when Corbet told him That he had hardly escaped with Life but had left his Wife to try the Humanity of the Scots the Bishop replied That he had left her to a very base Office And other things he said which the Government thought too favourable to the Govenanters and tho' they would not be much considered at another time yet now was thought a sufficient Cause of Deprivation and Doctor John Maxwell was made Bishop in his room but the next Year after the Execution of Atherton Bishop of Waterford Adair was made Bishop of that See Nor should it be omitted That this Bishop Maxwell a most excellent Preacher and a hearty Royalist was nevertheless wounded stript naked and left amongst the Dead by the Irish Rebels whose Skeins never distinguished between a Prelate and a Fanatick But the Bishop was accidentally preserved by the Earl of Twomond who travelled that way towards Dublin and afterwards went to the King to Oxford and was the first Man that convinced the King of the innate Hatred the Irish Rebels bore to all those of the Protestant Religion But let us return to the Lord Lieutenant who went again to England to give the King an Account of the good Posture of Affairs in Ireland leaving in his stead Sir CHRISTOPHER WANDESFORD Master of the Rolls
inconveniencies the Supremacy of Rome and take away or much endanger your Majesties supream and just Authority in Causes Ecclesiastical Administration of Honour and Power not to be endured the said Acts extending as well to seditious Sectaries as to Popish Recusants so as by the Repeal thereof any Man may seem to be left to chuse his own Religion in that Kingdom which must needs beget great Confusion and the abounding of the Roman Clergy hath been one of the greatest Occasions of this late Rebellion Besides it is humbly desired that your Majesty will be pleased to take into your gracious Consideration a Clause in the Act of Parliament passed by your Majesties Royal Assent in England in the 17 th year of your Reign touching Punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Prop. That your Majesty will be pleased to call a free Parliament in the said Kingdom to be held and continued as in the said Remonstrance is expressed and the Statute of the Tenth Year of King Henry the Seventh called Poyning'â— Acts explaining or enlarging the same be suspended during that Parliament for the speedy Settlement of the present Affairs and the Repeal thereof to be there further considered of Answ Whereas their desire to have a free Parliament called reflecteth by secret and cunning Implication upon your Majesties present Parliament in Ireland as if it were not a free Parliament We humbly beseech your Majesty to represent how dangerous it is to make such insinuation or intimation to your People of that Kingdom touching that Parliament wherein several Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of high Nature as we humbly conceive is not properly to be discussed but in Parliament and your Majesties said Parliament now sitting is a free Parliament in Law holden before a Person of Honour and Fortune in the Kingdom composed of good loyal and well-affected Subjects to your Majesty who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the true Protestant Religion and for your Majesties Service and the good of the Church and State that if this present Parliament should be dissolved it would be a great Terror and Discontent to all your Majesties Protestant Subjects of the Kingdom and may be also a means to force many of your Majesties Subjects to quit that Kingdom or peradventure to adhere to some other party there in opposition of the Romish Irish Confederates rather than to be liable to their Power which effects may prove of most dangerous Consequence And we humbly offer to your Majesties Consideration your own gracious Expression mentioned in the Grounds and Motives inducing your Majesty to agree to a Cessation of Arms for one whole Year with the Roman Catholicks of Ireland Printed at Oxford the Ninteenth of October 1643. And let all our 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 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 otherwise than it may be agreeable to Conscience Honour and Justice We also humbly desire that such Laws as your Majesty shall think fit to pass may be transmitted according to Poyning's 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 that few or no Protestant Freeholders will be found in the Countries Cities or Boroughs 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 Poyning's Acts notwithstanding their seigned Expressions of their Loyalty 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 Council 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 Two Hundred Years and if their intentions were so clear as they profess we know not why they should avoid the strictest View and Trial of your Majesty and your Councils 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. Prop. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the Seventh Day of August 1641. be clearly annulled and declared void and taken off the File Answ We humbly desire that they 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 proposed 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. Prop. That all Indictments Attainders Outlawries in the King's-Bench or elsewhere since the said Seventh 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
and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed ☞ and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges For as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament that they will be able and doubtless will clear all the Popish Party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected demands of the Confederates we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Counsellors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observationsâ— and experience of the aâ—aâ—rs and state of Ireland are better ablâ— to give your Majesty morâ— full and satisfactory answers touching the premises than we can and conceiving that the Collection in answer to the said Confederates Remonstrance which we humbly presented to your Majesty the Seventeenth of the last Month of April may in many things give your Majesty more light than these our answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite Append. XXIV Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General Governour of his Majesties Kingdom of Ireland for and on the behalf of His most Excellent Majesty of the one part And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part 1. IT is concluded accorded and agreed upon by his Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholick Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy and that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba I A. B. do truly acknowledge confess testify and declare in my conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or their Crown or Dignity and do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors or to the Lord Deputy or other Governour for the time being all Treasons or Trayterout Conspiracies which I shall know or hear to be intended against his Majesty or any of them and I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman-Catholick happen to be promoted presented or advanced to any Ecclesiastical Promotion Dignity or Benifice according to the form now used in the Protestant Church of Ireland that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick Or if any being a Protestant be advanced promoted or presented to any Ecclesiastical Benefice Dignity or Promotion shall afterwards happen to become a Roman-Catholick that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said Benefice Dignity or Promotion according to the said Statue and it is further concluded accorded and agreed by and between the said Parties that for all matters concerning the first Proposition of the said Catholicks viz. That all Acts made against the Professors of the Roman-Catholick Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland may be Repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion That His Majesties said Roman-Catholick Subjects be referred to His Majesties gracious Favour and further Concessions and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects or any of them from the benefit of His Majesties further Graces and Concessions and that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman-Catholick Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholick Subjects to be accordingly drawn into Bills and transmitted according to the usual manner to be afterwards passed as Acts in the said Parliament 2. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution here or
take notice of and pursue the said Act of Oblivion without Pleading or Suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precepts for concerning or by reason of any Matter Cause or Thing whatsoever Released Forgiven Discharged or to be Forgiven by the said Act under pain of Twenty pound Sterling And that no Sheriff or other Officers do Execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences Released or Forgiven or mentioned to be Forgiven by this Act And that all other causes usually inserted in Acts of General Pardon or Oblivion enlarging His Majesty's Grace and Mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the Exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend unto any Treason Felony or other Offence or Offences which shall be committed or done from or after the Date of these Articles until the First day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in persuance of these Articles or any of them after the Publication of the said Articles or any Act or Acts which shall be done by Vertue Colour or Pretence of the Power or Authority used or exercised by and amongst the confederate Roman Catholicks after the Date of these Articles and before the said Publication shall not be Accounted Taken Construed or be Treason Felony or other Offence to be excepted out of the said Act of Oblivion Provided likewise that the said Act of Oblivion shall not extend unto any Person or Persons that will not Obey and Submit unto the Peace Concluded and Argeed on by these Articles 16. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy or other Chief Governor Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the four Courts be Farmours of His Majesty's Customs within this Kingdom 17. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Parliament Pass in this Kingdom against Monopolies such as was Enacted in England 21. Jacobi Regis with a further clause of Repealing all Grants of Monopolies in this Kingdom and that Commissioners be Agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them to set down the Rates for the Custom or Imposition to be laid on Aquavite Wine Oyl Yarn and Tobacco 18. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that such Persons asshall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Seal to Regulate the Court of Castle-Chamber and such causes as shall be brough into and censured in the said Court 19. It is further Concluded Accorded and Agreed by and between the said Parties and his Majesty is further graciously pleased that two Acts lately Passed in this Kingdom prohibiting the Plowing with Horses by the tail and the other prohibiting the burning of Oats in the Straw be Repealed 20. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdom 21. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased forasmuch as upon application of Agents from this Kingdom unto His Majesty in the Fourth Year of his Reign and lately upon humble Suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom Order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesty 's said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties Service that the warning mentioned the 21 st Article of the Graces in the Fourth Year of His Majesties Reign be so understood that the Warning being left at the Persons dwelling Houses be held sufficient Warning and that as to the 22 d. Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid Answer as concerns Warning and Process shall be omitted 22. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that Maritime causes may be determined in this Kingdom without driving of Merchants or others to Appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to Appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be Definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament shall then be Sitting otherwise not This to be by Act of Parliament 23. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom is graciously pleased to Assent that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earl of Straffords Government This to be by Act of Parliament 24. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that by Act to be Passed in the next Parliament all the arrears of Interest of Mony which did accrew or grow due by way Debt Mortgage or otherwise and yet not satisfied since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released And that for and during the space of Three Years next ensuing no more shall be taken for Use or Interest or Mony than Five Pounds percent and in all Cases of Equity arising
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
since the 23d of Octob. 1641. to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to his Majesty on before or since the 23d of Octob. 1641. until the perfection of these Articles and likewise to all Measne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to his Majesty since the said 23d of October and before until the perfection of these Articles for by reason or which lay within the survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to discharge or remit any of the Kings Debts or Subsidies due before the said 23d of Octob. 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Rom. Catholick Subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them as the said L. Lieut. otherwise shall think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them as to the Actors and Procurers thereof be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Tho. Lord Viscount Dillon c. or any seven or more of them and that the power of the said Commissioners shall continue only for two years next ensuing the date of their Commission which Commission is to issue within six Months after the Date of these Articles Provided also that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted shall hear order and determine all Cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases and his Majesties chief Governor or Governors and other Magistates for the time being in all his Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same and that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said act under pain of 20 l. sterling And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of general pardon or oblivion enlarging his Majesties grace and mercy not herein particularised be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any Treason Felony or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken or construed or to be Treason Felony or other Offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon c. or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supream Councels Commissioners general appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or publick Taxes to be accounted for since the 23. of Octob. 1641. and not disposed of hitherto to the publick use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon c. or any seven or more of them the said act or any thing therein contained to the contrary notwithstanding 19. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that an act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy-Councel or Judges of the four Courts be Farmers of his Majesties Customs within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that an act of Parliament pass in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them to set down the rates for the Custom and Imposition to be laid on Aquavitae Wine Oile Yarn and Tobacco 21. Item It is concluded accorded and agreed and his Majesty is graciously pleased that such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be as soon as may be authorised by Commission under the great Seal to regulate the Court of Castle-Chamber and such Causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon
Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom shall appoint until there may be access unto the said Court of Exchequer You shall not let for gift or other cause but well and truly you shall do your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery in that behalf and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goal delivery to be done but of the King and Fees accustomed and you shall not direct or cause to be directed any Warrant by you to be made to the parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the Kings Officers or Ministers or other indifferent persons to do execution thereof so help me God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorised as abovesaid in the execution of their respective powers 29. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects do continue the possession of such of his Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be commanded ruled and governed in cheif upon occasion of necessity as to the Martial and Military affairs lindx by such as his Majesty or his cheif Governour or Governors of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them and his Majesties cheif Governor or Governors is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of death or misbehaviour such other person or persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so dye or misbehave themselves as the cheif Governor or Governors for the time being by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit and to be continued until a settlement in Parliament as aforesaid 30. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all Customs and Tenths of Prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdom shall he paid unto his Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controuls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person or persons who are at present intrusted and employed by the said Roman Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accountable to his Majesties Receipts or until recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than to such and so many of them as to the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Viscount Dillon c. or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or mis-behaviour or other alteration of any such person or persons than such other person or persons to be employed therein as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Visc Dillon c. or any seven or more of them And when it shall appear that any person or persons who shall be found faithful to his Majesty hath right to any of the Offices or Places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same 31. Item As for and concerning his Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament it is concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governor or Governors of this Kingdom by the said Tho. Lord Viscount Dillon c. or any seven or more of them for remittal of those Rents the said Lord Lieutenant or any other chief Governor or Governors of this Kingdom for the time being shall intimate their desires and the reason thereof to his Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of his Subjects 32. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that the Commissioners of Oyer and Terminer and Gaol delivery to be named as aforesaid shall have power to hear and determine all Murders Man-slaughters Rapes Stealths Burning of Houses and Corn in Rick or Stack Robberies Burglaries Forcible Entries Detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any warrant or direction from those in publick Authority among the confederate Roman Catholick nor unto any Act which shall be done after the
List of all that did pay this scandalous Contribution Lib. P. 174. and yet I am not willing to conceal from him the Account I have met with which is as follows lib. The Barony of Lecale to O Neal of Clandeboy per annum 20 The County of Vriel to O Neal 40 The County of Meath to O Connor 60 The County of Kildare to O Connor 20 The King's Exchequer to Mac Morough 80 Marks The County of Wexford to Mac Morough 40 The Counties of Kilkenny and Typerary to O Carol 40 The County of Limerick to O Bâ—â—an 40 The County of Cork to Mac Carty of Muskry 40 And whilst the English were engaged in England the Irish advantaged themselves of the Opportunity and without Colour of Right usurped many considerable Estates as they had done before in the time of Richard II and these two Seasons set them so afloat that they could never since be cast out of their forceable Possessions holding by plain Wrong the most part of Vlster and upon very frivolous Pretences great Portions of Laâ—d in Munster and Connaugh And so we are come to the end of this unfortunate Reign which determined some Years before the King's Life for he did not dye until the twenty first Day of May 1472. And it must not be forgot That one of the Articles against this King was That by the Instigation of divers Lords about him he had wrote Letters to some of the Irish Enemy whereby they were encouraged to attempt the Conquest of the said Land of Ireland THE REIGN OF EDWARD IV. King of England c. And LORD of IRELAND EDWARD Earl of March 1460. Son and Heir of Richard Duke of York immediately after his Fathers Death at the Battle of Wakefield betook himself with all Diligence to gather an Army near Shrewsbury and having got twenty three thousand Men together on the second of February he defeated the Earls of Ormond and Pembrook near Mortimers-Cross and killed three thousand eight hundred of their Soldiers and although the Queen not long afterward defeated the Earl of Warwick at Bernard-Heath near S. Albans yet he wisely made slight of that Misfortune and without any Regard to it marched directly to London where on the fourth Day of March by vertue of the aforementioned Act of Parliament he was proclaimed King by the Name of Edward the Fourth He was as to his Person the goodliest Man of his Time and he was not less Valiant than beautiful On the twelfth of March he advanced against his Enemies and on Palm-Sunday with an Army of forty thousand and six hundred Men he encountred with sixty thousand and obtained so great a Victory that thirty six thousand seven hundred and seventy two of his Adversaries were slain And so being safe in his Throne 1461. he thought it time to put the Crown upon his Head which was solemnly performed on the twenty eighth Day of June In the mean time Thomas Earl of Kildare was on the thirtieth of April chosen Lord Justice by the Council of Ireland and continued so until Sir Rowland Fitz-Eusâ—ace 1462. Lord of Portlester and Treasurer was appointed Deputy to the Duke of Clarence He held a Parliament at Dublin Friday before S. Luke's Day which enacted That ten Pound per annum Davis 96. be received out of the Profits of the Courts to repair the Castle hall It seems that one William O Bolgir was made Denizen about this time Lib. G. and that on the fourth of May 1463. Robert Barnwal was made Baron of Trimlets-Town and it must not be forgot That the Earl of Ormond was beheaded at Newcastle and attainted by Parliament in Englaâ—d ◠〈◊〉 4. and that that noble Family was in Disgrace all this â—eâ—gn for their firm adhesion to the House of Lancaster This Lord Justice was long after this in a very old Age made Viscount Baltinglass by King Henry VIII and now was forced to resign to George Duke of Clarence the King's Brother who was made Lord Lieutenant for Life and deputed his Godfather Thomas Earl of Desmond Lib. M. Lord Deputy in whose time Mints were established at Dublin Trim Drogheda Waterford and Galway to coyn Groats two Penny pieces Pence Halfpence and Farthings And not long after it was ordered That English Mony should advance a fourth Part in Ireland viz. That an English Nine Pence should pass for a Shilling in Ireland and a Shilling for sixteen Pence and so proportionably And it seems the Gold Noble coyned in the time of Edward III. was inhanced higher than the rest for it was ordered to pass for ten Shillings And this was the first time any difference was made in the value of Mony between England and Ireland This Lord Justice held a Parliament at Weys Friday before S. Martin's Day 1463. which the Thursday after was adjourned to Waterford to be held the Monday following It was again on Saturday before the Feast of Edward the Confessor adjourned to Naas Irish Statutes 19. to be held Monday before S. Matthias Day and thence on the Friday after it met there it was adjourned to Dublin to be held Monday before S. David's Day and there on the Saturday after it was dissolved having first enacted I. That all Parliament Men should have Priviledge forty Days before and forty Days after every Sessions And II. That the Attorneys Fees be regulated And III. That clipped Mony should not be currant He held another Parliament at Trim 1465. on Wednesday after S. Lawrence his Day at which it was enacted I. That the like Challenge may be had against the Feofee as against cestuy que use II. That any Body may kill Thieves or Robbers Repealed 11 Car. 1 c. 6. or any Person going to rob or steal having no faithful Men of Good Name in English Apparel in their Company III. That the Irish within Pale shall wear English Habit take English Names and swear Allegiance upon pain of forfeiture of Goods IV. That English and Irish speaking English and living with the English shall have an English Bow and Arrows on pain of two Pence V. That there be a Constable and Butts in every Town And Lastly That no Foreign Vessels fish on the Rebels Coast on pain of Forfeiture And every one that fisheth on the Coast of the Pale to pay a Duty But this Lord Justice who was the greatest Man that ever was of his Family began now to decline in the King's Favour and was obliged to give place to John Lord Tiptoft 1467. Earl of Worcester Treasurer of England and Constable of England for Life Lord Deputy of Ireland he was one of the most learned and eloquent Men in Christendom and held a Parliament at Drogheda At which it was enacted I. That the Governour for the time being may pass into Islands II. That none shall purchase Bulls for Benefices from Rome under great Penalty III. That the King's Pardon to Provisors be void IV. That the
Courts of Exchequer and Commonpleas be removeable at the Discretion of the chief Governour on twenty eight Days notice V. That the Earls of Desmond and Kildare and Edward Plunket Esq as well for Alliances Fosterage and Alterage with the King's Irish Enemies as in furnishing them with Horse and Arms and supporting them against the King's Subjects which is notoriously known to be against the Kings Laws and the laudable Statutes of the Land Lib. D. be attainted of Treason and that whoever hath any of their Goods or Lands and doth not discover it to the Deputy within fourteen Days shall be attainted of Felony By vertue of this Act of Parliament Davis 186. the great Earl of Desmond was beheaded at Drogheda the fifteenth of February 1467. Report makes his Crime to be That of extorting Coyn and Livery And the Irish say it was for an affront he put upon the Queen for being of a noble Race and a generous or rather proud Spirit he despised the King's Marriage with so mean a Subject as the Lady Elizabeth Grey and often said She was a Taylors Widow Perhaps he had more reason than any Man to speak bitterly against such Matches because he had no other Title to the Earldom of Desmond than by the Marriage of his Nephew Thomas the fifth Earl of Desmond to Katherin ni William mac Cormock one of his Vassals for which that Earl was so persecuted by his Relations that he was forced to resign his Earldom to this his Unkle who is commonly called by the Irish Thomas of Drogheda And it would be a very hard case that the Nephew should be so abused for an Act which the King had justified by following the Example and therefore the Unkle exclaimed against that Action as a thing too base to be imitated or excus'd There is also another Vulgar Tradition about this matter which seems very unlikely Lib. P. if not impossible and that is That the Queen should steal the Privy Signet and put it to an Order for his Execution But it is well worth our Observation Davis 185. That as the Earls of Desmond were the first Introducers of Coyn and Livery among the English and the first that broached the distinction between English of Birth and English of Blood and the first Peers that refused to come to Parliament upon Summons so they were the only Peers that ever were executed in Ireland and the only Noble English Family that was by the Hand of Justice extinguished there so that this degenerate Family which of all others was most injurious and ungrateful to the English Government did suffer more by the same Government than any other Family in that Kingdom and those Exactions of Coyn and Livery which were the Foundations of their Grandure did at last prove the cause or occasion of their Ruine in the person of Gerald the fifteenth Earl of Desmond On the twenty sixth of February Edmond Lord Dunboyn Lib. G. for taking Con O Connor Prisoner and delivering him to the Lord Deputy and for other Services he had done the State obtained a Patent for ten Pound per annum payable out of the Fee farm Rents of Waterford forfeited by the Attainder of James Earl of Ormond and also the Prisage of Limerick Cork Ross Galway Youghal Kingsale Dungarvan and Dingle and the Lands of Castle-Richard in Meath habendum during his Life It is plain by many Circumstances and particularly that of his short stay in Ireland that this Lord Deputy came over meerly to serve a turn for as soon as the Earl of Desmond was executed the Earl of Kildare was not only pardoned but also the Lord Deputy hastned to England and left Thomas Earl of Kildare 1467. Lord Justice and afterward Lord Deputy to the Duke of Clarence Selden 841. In whose time John Bold was made Baron of Ratooth This Lord Justice held a Parliament at Drogheda which enacted I. That whereas it was doubted October 1468. whether the Act of 6 Rich. 2. That Women consenting to Ravishers should forfeit their Inheritance were of Force in Ireland it is now put out of Doubt and that and all other English Statutes made before that time are confirmed here II. Against Regrators and Ingrossers He also held another Parliament at the Naas Friday after S. Andrew's Day 1472. which was adjourned to Dublin to the Friday after S. Gregory's Day and enacted I. That Staple Wares be not transported to Scotland without payment of the Custom called the Coquet upon Pain of Forfeiture of the same II. That every Merchant shall bring twenty Shillings worth of Bows and Arrows into Ireland Repeal 10 Car. 1. ch 22. for every twenty Pounds worth of other Goods he imports from England III. That no Grain be transported out of Ireland if the Market Price exceed ten Pence a Peck on pain of forfeiting Ship and Goods But it was all repealed by the Parliament Lib. G. 18 Edw. 4. Nevertheless there was an Act of Parliament this Year of 12 Edw. 4. to this effect That there should be a Fraternity of Arms of the number of thirteen Persons Ex offic magistr Rot. in Castr Dublin Davis 55. of the most Honourable and faithfully disposed in the Counties of Kildare Dublin Meath and Louth viz. three out of each County and four from Meath that is to say Thomas Earl of Kildare Rowland Eustace Lord of Portlester Sir Rowland Eustace Knight for the County of Kildare Robert Lord of Hoath the Mayor of Dublin for the time being and Sir Robert Dowdal Knight for the County of Dublin the Lord Gormanstown Edward Plunket Seneschal of Meath Alexander Plunket Esq and Barnaby Barnewal Esq for the County of Meath and the Mayor of Drogheda Sir Lawrence Taaf Knight and Richard Bellew Esq for the County of Louth And that they and their Successors should yearly assemble at Dublin on S. George's Day and there chuse one of them to be Captain for the next year the which Captain and Brethren shall be created a Society by the Name of the Captain and Brethren at Arms the Captain shall have an hundred and twenty Archers on Horseback at six pence a Day for Meat Drink and Wages and forty Horsemen and forty Pages at five pence a day for him and his Page and four Marks per annum Wages the Captain and Brethren and their Successors to support this Charge shall have twelve pence per Pound out of all Merchandize sold in Ireland whether it be imported or exported except Hides and the Goods of the Free-men of Drogheda and Dublin and the Mayors of Dublin and Drogheda to be the Receivers of the foresaid Poundage the Fraternity shall have Power to make Laws for the good Governance of the Society and to elect a new Brother in the place of any deceasing and the Captain shall have Authority to apprehend all Out-law'd Rebels and others that will not be justified by Law And this was the Original of the
his Reward And this is all I find done in Ireland during this Kings Reign 1485. which ended at the Battel of Bosworth on the two and twentieth Day of August 1485. THE REIGN OF HENRY VII King of England c. And LORD of IRELAND HENRY TVDOR 1485. Earl of Richmond Heir of the House of Lancaster by the Victory at Bosworth obtained the Crown of England and had the more solemn Possession of it at his Coronation on the thirtieth Day of October following To these two Pretences of Conquest and Possession he added the more specious Title of an Act of Parliament and yet thought himself not secure until he married Elizabeth Daughter of Edward IV in whom the Right really lay she being Heiress of the House of York However he governed as in his own Right and that so absolutely that he suffered not the Queen to intermeddle in State Affairs even so much as was usual for the Wife of a King Gerald Earl of Kildare whom he found Deputy to the Earl of Lincoln Wares Annals 2. he continued Deputy to the Duke of Bedford he also continued the Chancellor Treasurer and other Officers of State whom he knew partial to the White-Rose without joyning others of his own Party with them because he would theâ—eby insinuate That he had a Confidence in their Integrity and that he was elevated above Fear or Suspicion Nevertheless Sir Thomas Butler Earl of Ormond whose Family were fast Friends to the House of Lancaster and for which they had suffered exceedingly was not neglected but was by Act of Parliament in England restored both to Honour and Estate and soon after he was sworn of the Privy Council in England Lib. G. Lamb. And it seems that the Family of Desmond was also restored because I find that the Lord of Kerry did this Year recover some Lands in that County by Assize in the Court-Palatine there before Thomas Copinger Gent. Seneschal of the Liberties of Kerry unto James Earl of Desmond I should not have observed that Edmond Courcy was now made Bishop of Clogher but that he was the first Englishman that ever sat in that See There is not much mention made of any Disturbances this Year Ware 3. except that remarkable Contest between James Keating and Marmaduke Lumley about the Priory of Kilmainham Keating had been deprived by the great Master of that Order anno 1482 being accused of pawning or selling divers Ornaments of the House and particularly a Piece of the Cross and for alienating and incumbring the Revenues of the Priory and Lumley was substituted in his room but as soon as Lumley arrived at Clantarfe to take possession of his new Dignity Keating with a Company of Men came thither and took him Prisoner and detained him in Custody until he resigned all the Writings and Instruments of his Election and Confirmation and then Keating gave him the Preceptory of Kilsaran in the County of Louth But Lumley complained of this Usage as well to the King of England as to the great Master of the Order at Rhodes and at length prevailed to get Keating excommunicated whereas he was so inraged that he turned Lumley out of his Preceptory by Force and put him in Prison in spight of Octavianus de Palatio Archbishop of Armagh who did his Endeavour to protect Lumley It is probable that Lumley died in Prison because we hear no farther of him and because it is certain he never came to be Prior And as for Keating although he did make a shift to keep the Priory almost nine Years afterward by strong Hand yet at last he was ignominiously ejected and died in Poverty and Disgrace being succeeded by James Vale. It became a Question this Year in England 1 Hen. 7. 4. b. How the Attainder of this King should be taken off but it was unanimously resolved by all the Judges That the Possession of the Throne or the Assumption of the Royal Dignity did take away all Imperfections Incapacities and Attainders whatsoever And it is observeable that the Judges say The taking upon him to be King did all this for the Crown did not Descend to Henry VII because he was not the true Heir but afterwards married her that was so Nor can any thing properly descend to a person attainted because the Blood is corrupted so that he cannot be Heir to any Body But the King perceiving that the Faction of York was at work in Ireland 1486. sent for the Lord Deputy to repair to him into England but he being loath to undertake that Journey procured Letters from the Council June 4. importing That his Presence was so necessary in Ireland that he could not at present be spared from that Government And by these Means he excused himself for a while In the mean time Lambert Symnel a Youth of a lovely and fascinating Countenance and of a princely Behaviour was well instructed by a crafty Priest Sir Richard Symon to personate the Earl of Warwick only Son of George Duke of Clarence for which Duke being their Countryman born the Irish had a wonderful Respect as indeed they had generally for all the Family of York This Youth had learned his Lesson so well that Margaret Dutchess of Burgundy resolved to set him up against King Henry although there were two great Flaws in this Contrivance The one was That the true Earl of Warwick was in King Henry's Hands in the Tower of London The other That he was not right Heir to the Crown because there were Children of King Edward the Fourth still living Nevertheless she sent this Counterfeit Prince to Ireland where he met with all the Countenance he could desire as well from the Lord Deputy as from almost all the rest of the Nobility Gentry Clergy and People the Archbishop of Armagh the Bishop of Clogher and the Families of Butler and S. Lawrence and the City of Waterford only excepted And though the King caused the true Earl to be taken out of the Tower and shewn publickly in London which marred all their Designs there yet the Irish were not thereby Discouraged but confidently accused the King of Imposture as he did them and therefore that Project was not so effectual to him as was another of getting a Bull from the Pope requiring the Clergy to excommunicate the Rebels as often as the King should desire it which did him a great deal of Service But Mac Mahon took advantage of these Stirs and invaded Louth which he burnt and preyed according to the Custom of making War in those Days he destroyed twenty eight Villages in that Country And the Tempest was no less fatal to Vlster where it rooted up Trees and threw down Houses In May the Dutchess of Burgundy sent over two thousand Germans under the Command of Martin Swart an old Soldier with them there came the Earl of Lincoln the Lord Lovel and others and were kindly received and lovingly entertained by the Nobility Gentry and People of
Resumption of all the Grants made by the Crown since the last day of the Reign of King Edward the Second Lib. G. except some Particulars mentioned in the Act and another Act Rot. Parl. c. 41. attaints the Earl of Kildare and his Brother James for High Treason for corresponding with O Hanlon and seizing the Castle of Caterlogh for extorting Coyn and Livery and for treating with the King of Scotland however he was afterward acquitted in England and received into favour and perhaps there was another Act to dissolve the Fraternity of S. George for it is certain that about this time that Brotherhood fell and so I have done with this Famous Parliament when I have told you that it is a Mistake in the Printed Statute-Book to place it anno 1495 because it is manifest That November 1494 was in the tenth Year of this King's Reign It is scarce worth mentioning Ware 43. That during this Parliament the Lord Deputy made another Expedition into Vlster because the Irish fled into their Fastnesses so that he reaped but small Fruit for his Journey In his Absence he left a Commission with the Chanchellor to continue adjourn prorogue or dissolve the Parliament as he saw cause About this time Cormock mac Teige mac Carthy of Muskry 1495. was basely murdered by his Brother Owen Ancestor of the Mac Carthyes of Cloghroe and was buried in the Abby of Kilcrea which he himself had founded But let us return to Perkin Werbeck who set sail from Flanders with about six hundred Men and arrived on the Coast of Kent but he found ill treatment there for one hundred and sixty of his Men were taken Prisoners and afterwards executed Thence he sailed to Ireland where he staid some time in Munster probably at Cork but finding the Irish unable to give him any considerable Assistance and fearing the Forces of the Lord Deputy he went thence into Scotland and by that King's Consent married the Earl of Huntly's Daughter who was nearly related to the Crown of Scotland The King of Scots did invade England in favour of Perkin but finding that none of the English came to assist the Impostor he wasted Northumberland and returned And thus Sir Edward Poynings drove Perkin out of Ireland and suppressed his Abettors and established many good Laws which though for the present they extended no further than the Pale yet their Effect and Influence increased and inlarged as fast as the King's Authority did so that those Statutes are at this day in full force over all the Kingdom And the King finding Ireland in so quiet a condition recalled the Lord Deputy and for his good Service made him Knight of the Garter And in his place appointed Henry Dean 1495. Bishop of Bangor Chancellor of Ireland and afterwards Archbishop of Canterbury 1496. to be Lord Justice and on the twenty sixth of April William Ratcliff was made Vice-Treasurer and John Pimp Treasurer at War and on the twenty fifth of June the Lord Delvin was made General for defence of the Pale and in July Octavianus Archbishop of Armagh held a Synod at Droghedah the Acts whereof are not to be found and in August Hugh O Donel being returned out of Scotland encountred and defeated O Connor near Sligo Whereupon he besieged the Castle of Sligo but without Success for being frightned with the News of the Approach of the Burks of Clanrickard he raised the Siege and retired in hast towards Tyrconnel But Burk was not so satisfied but burnt and destroyed all the adjacent Territories that belonged to O Donel's Partisans But the Earl of Kildare was still kept in Prison in England for Grief whereof his Countess died The Earl was accused of burning the Church of Cashel and many Witnesses were ready to prove it when contrary to all their Expectations he readily confessed the Fact and swore by Jesus That he would never have done it but that he thought the Archbishop was in it Which being uttered with a bluntless peculiar to this Lord did exceedingly work upon the King for whilst the Earl did so earnestly urge that for his Excuse which was the greatest Aggravation of his Crime the King easily perceived That a Person of that Natural Simplicity and Plainness could not be guilty of those Finesses and Intrigues that were objected against him It is reported of this Earl That he desired the King to permit him to have Council to manage his Cause since he was altogether unqualified to deal with such cunning Knaves as his Adversaries The King told him He should have what Counsel he would choose and that it concerned him to get Counsel that were very good for that he doubted his Cause was very bad The Earl replied That he would pitch upon the best Counsel in England Who is that said the King Marry even your Majesty quoth the Earl Whereat the King laughed But nevertheless he so requited Kildare for his Complement that when the Adversary concluded his Oration That all Ireland could not govern this Man the King took that occasion to make reply That therefore he was the fittest Man to govern Ireland Ware 49. And so for his Jest-sake made him Lord Lieutenant of that Kingdom by his Letters Patent of the sixth of August and restored him to his Honour and Estate Nevertheless the King kept the Earls eldest Son Girald as Hostage of the Father's Fidelity which proved to be a matter of Caution rather than of Necessity for no body could behave himself with more Loyalty to his Prince nor more Vigor against the Irish than the Earl of Kildare did from henceforward But to proceed Girald Earl of Kildare 1496. being made Lord Lieutenant in a short time after he had received the Sword marched towards Thomond against O Brian he went through the City of Limerick and took the Castle of Feyback from Finin Mac nâ—marra and afterwards took and rased the Castle of Ballyniti or Ballynice and so returned to Dublin and was reconciled to the Archbishop of Armagh to their mutual Ease and Quiet and to the great Advantage of Publick Affairs which often suffer especially in Ireland by the private Animosities of the Grandees But the Bishop of Bangor was recalled into England and Walter Archbishop of Dublin was made Lord Chancellor in his stead This good Archbishop in a Synod at Dublin anno 1492 procured a Pension for a Divinity-Reader there to be paid by him and his Suffragans and their Successors for ever And it is reported of him That being present when a famous Orator made a most eloquent Speech to the King his Majesty asked the Archbishop How he liked the Oration The good old Man replied That he saw no other Fault in it but Flattery As God shall love me quoth the King That is the very Fault I my self espied The King by advice of the Lord Lieutenant resolved to pardon those great Men that had been concerned with Perkin Warbeck lest Despair might induce
them to new Disturbances And accordingly the Earl of Desmond the Archbishop of Cashel the Bishops of Cork and Waterford and many other of the principal Men of Munster were pardoned and the Liberties and Charters of Youghal were restored and confirmed and their Priviledges enlarged In the mean time dyed Rowland Fitz-Eustace Baron of Portlester who at several times had been Deputy Chancellor and Lord High Treasurer of Ireland which last Place held thirty eight Years And about the same time died Cnoghor mac Trelagh O Brian Chief of Thomond and was succeeded by his Brother Gil duff by Popular Election according to the Custom of Tanistry But it is time to return to Perkin Warbeck whom we left in the Arms of a fair Lady in Scotland that King had already made several Essays in favour of this supposititious Prince but now his Affairs pressed him to make a Peace with the English which King Henry would not hear of unless Perkin were delivered up It was therefore necessary for the Impostor to seek new Quarters 1497. And therefore being secretly supplied by the King of Scotland with Necessaries for his Voyage he embarqued with his Wife and Family and landed safely at Cork the twenty sixth of July he could not have pitcht upon a Place more prone to Rebellion at that time but curst Cows have short Horns and their Ability was not suitable to their Inclinations however he listed one hundred and twenty Soldiers and by the Aid or at least Countenance of the Earl of Desmond he got Conveniences for their Transportation And so finding the Earl of Kildare so firm and potent that no good was to be done in Ireland and receiving an Invitation from the Cornishmen he sailed directly to Cornwal in September and landed safely at Whitsand-bay The City of Waterford which for its loyalty to the Crown against Lambert Symnel had received great Favours and Priviledges from his Majesty was now altogether as vigorous against Perkin and by its discreet behaviour in this Affair well deserved the Motto Intacta manet Waterfordia That City manned out four Ships and sent them in pursuit of Perkin but Fortune did not favour that Generous and Loyal Design This Impostor being thus arrived in England took upon him the Name of Richard IV King of England and as such behaved himself and acted his Part so well that he would often lament the Destruction of his People and would frequently bemoan the Tyranny and Oppressions they lived under which sort of Deportment took with the common People exceedingly insomuch that some thousands of them came to him at Bodmin with them he besieged Excester and assaulted the City with great vigour and Resolution which the Couragious and Loyal Citizens by the help of some of their Country Neighbours as valiantly defended Hereupon Perkin raised the Siege and marched to Taunton and although the Cornishmen continued resolute to conquer or dye yet Perkin perceiving their Courage was greater than their Strength and finding that the King's Army did daily increase whilst his did decrease he privately withdrew to the Sanctuary of Beaulieu in Hampshire and afterwards surrendred himself and being imprisoned in the Tower he made his escape once and attempted it the second time and was therefore together with his Friend John Waters Mayor of Cork hanged at Tyburne where he confirmed the Confession he had formerly made which was to this effect I Being born in Flanders Campion 104. in the Town of Turney put my self in Service with a Britton called Pregent Meno the which brought me with him into Ireland and when we were there arrived in the Town of Cork they of the Town because I was arrayed with some Cloaths of Silk of my said Masters threeped upon me That I should be the Duke of Clarence's Son that was before time at Divelin and forasmuch as I denyed it there was brought unto me the Holy Evangelists and the Cross by the Mayor of the Town called Ino Lavallin and there I took my Oath That I was not the said Duke's Son nor none of his Blood After this came to me an Englishman whose Name was Stephen Poytow with one John Walter and sware to me That they knew well that I was King Richard's Bastard-Son to whom I answered with like Oaths That I was not and then they advised me not to be afraid but that I should take it upon me boldly And if I would so do they would assist me with all their Power against the King of England and not only they but they were assured That the Earls of Desmond and Kildare should do the same for they passed not what part they took so they might be avenged on the King of England and so against my Will they made me to learn English and taught me what I should do and say And after this they called me Richard Duke of York second Son to Edward IV because King Richard's Bastard-Son was in the Hands of the King of England And upon this they entred into this false Quarrel and within short time after the French King sent Embassadors into Ireland viz. Lyot Lucas and Stephen Frayn and so I went into France and thence into Flanders and thence into Ireland thence into Scotland and so into England again But let us return to the Affairs of Ireland 1498. which were briskly managed by the Lord Lieutenant He called a Parliament at Trim which met on the twenty sixth of August in the fourteenth Year of the King's Reign which must be anno 1498. and not 1499. as it is mistaken in the printed Statutes for the King began his Reign the twenty second Day of August 1485. There is but one Act of this Parliament extant and that is To make all the Statutes in England about the Officers of the Custom-house to be of force in Ireland after Proclamation at Dublin and Drogheda A very needless Law certainly since it could have but four Years retro-spect all former English-Statutes being ratified here by Poyning's Act of 10 Hen. 7. cap. 22. In the mean time Henry O Neal who had murdered his Brother Con was this Year served in the same kind by Tirlagh and Con Sons of the former Con And not long after the Lord Lieutenant invaded Vlster in favour of the aforesaid Tirlagh O Neal who was his Nephew by the Mother he was joyned by O Donel Macguire and all Tirlaghs Friends and effectually besieged Dungannon took the Castle and set at Liberty all the Prisoners that Neal mac Art O Neal kept there and forced Neal mac Art himself to submit and give Hostages The Vlster Expedition being over the Lord Deputy in October marched to Cork where he placed a Garrison and forced the Inhabitants of that City and of Kingsale to swear Allegiance and to bind themselves thereunto both by Indentures and Hostages which it seems he thought were stronger Obligations upon them than their Oaths After his return in the beginning of March Ware 's Annals he held
and Language and not to forestal the Markets of Limerick nor correspond with the Irish And so we come to the Parliament which began at Dublin on the first Day of May and on the last Day of that Month was adjourned to Kilkenny and did there sit the twenty fifth Day of July and on the twenty first was adjourned to Cashel and on the twenty eighth was from Cashel adjourned to Limerick and there it sat on the second of August and continued until the nineteenth and then was adjourned to Dublin to meet the fifteenth Day of September and so after several Prorogations it was finally dissolved the twentyeth Day of December 1537 and enacted as followeth I. The Attainder of the Earl of Kildare and his Complices This Act recites all their Treasons and Retrospects to the eighth Day of July 20 Hen. 8. II. The Parliament reciting That Ireland is appending and belonging to the Crown of England doth make void and nullifie the King's Marriage with the Princess Katharine his Brother's Wife and doth ratifie the Divorce judicially made between them by the Archbishop of Canterbury It also confirms the King's Marriage with Anne Bullen and prohibits Marriage within the Levitical Degrees and orders that Persons so married shall be divorced and their Children after such Divorce shall be illegitimate Then it entails the Crown on the King's Heir Males by Queen Anne and for want of such to his Heirs Males by any other Wife and for want of such to the King's Heirs Female by Queen Anne and particularizes the Princess Elizabeth and the Heirs of her Body c. And that it shall be Treason to Write or Act against the aforesaid Marriage or the Settlement of the Crown and Misprision of Treason to speak against either of those things and deprives the Offenders of Benefit of Sanctuary it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen if it so happen till their respective Ages of sixteen if a Queen and eighteen if a King and prescribes an Oath for the Observation of this Settlement to be taken by the Subject and makes it Misprision of Treason to refuse it III. The Act of Absentees recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland and then vests in the King the Honours and Estates of the Duke of Norfolk the Lord Berkly the Earl of Waterford and Shrewsbury the Heirs General of the Earl of Ormond the Abbot of Furnes the Abbot of S. Augustins of Bristol the Prior of Christ-Church of Canterbury the Prior of Lanthony the Prior of Cartinel the Abbot of Kentesham the Abbot of Osny the Abbot of Bath and the Master of S. Thomas of Dacres 4 Inst 354. And it was resolved anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan by this Statute Nevertheless he had a very good Recompence in England for his Losses in Ireland And it is not unworthy our Remembrance How this Statute came to be made and the Occasion was thus The King being inclined to make Mr. Ailmer who was then Lord Chief justice of the Common Pleas Lord Chief Justice of the King's Bench the Earl of Shrewsbury at the instance of some of his Tenants in Waterford or Wexford opposed his Preferment alledging That Ailmer was a silly fellow and unfit for such a Place whereupon the King repremanded the Lord Cromwel for recommending such a Coxcomb to him the Lord Cromwel begs the King to discourse with Ailmer assuring his Majesty That he was misinformed The King consented and Ailmer being come the King asked the true reason of the Decay of Ireland Ailmer Answered That it was because the Estated Men who used to Reside and Defend their own Estates and countenance their Tenants did now generally dwell in England and left Ireland a Prey to the Natives But that if his Majesty would oblige the Estated Men to Residence or seize their Estates to his own use he would soon find a Reformation The King tickled with this Advice gave Ailmer Thanks and assured him Care should be taken of it next Parliament IV. A Suspension or Repeal of Poyning's Act pro hac Vice V. That the King his Heirs and Successors be Supreme Head on Earth of the Church of Ireland and shall have Power to reform redress c. Heresies Errors and Offences c. And that his Commissioners shall take no Proxies for their Visitations but convenient Meat Drink and Lodging on pain of four times the value VI. That there shall be no Appeals to Rome on Pain of Premunire and that the Chancellor with the Consent of the two Chief Justices the Master of the Rolls and the Vice-Treasurer or any two of them may assign Delegates to Hear and Determine all Appeals to the Chief Governour VII An Act against slandering the King or Queen or their Title c. And that those guilty of High Treason shall not have the Benefit of Sanctuary and that Treasons committed beyond Seas may be tried in Ireland and that all Estates of Inheritance ergo Estates Tail shall be forfeited for High-Treason VIII That the Clergy shall pay Annates or First-Fruits i.e. a Years Profit and shall pay or compound before Possession The Chancellor Master of the Rolls and Vice-Treasurer or any two of them whereof the Vice-Treasurer to be one or any others commissioned by the King may compound and give Instalments That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple and eight Pence to be paid for a Bond and four Pence for an Acquittance and no more IX An Act to vest in the King Sir Walter Delahide's Lands in Carbry in the County of Kildare X. That if the Robber or Felon be found Guilty upon an Indictment by means or Prosecution of the Party robbed that then he shall have Restitution as if it had been done upon an Appeal XI An Act to suppress all Tributes Pensions and Irish Exactions claimed by the Irish from Towns or Persons for Protection XII An Act against the Pope to suppress his Usurpations and that it shall be Premunire to defend or assert his usurped Authority or Jurisdiction and that all Persons Ecclesiastical or Lay That have Office or Benefice c. shall take the Oath of Supremacy mentioned in the Act and the Refusal of that Oath shall be Treason It seems there was much Difficulty to get this Act and the former Act for the King's Supremacy to pass both Houses many of the Clergy opposing them stifly until the Archbishop Brown made the following Speech which being well sconded by Justice Brabazon so startled the rest that at length both Bills passed The Archbishop's Speech was thus My Lords and Gentry of his Majesty's Kingdom of Ireland BEhold your Obedience to your King is the observing of your Lord and Saviour Christ Bish Brown's Life 7. for He that High-Priest of our
indented with him That he should be Baron of Colthil and Castleton and have the Lands in Vpper Ossory granted to him at three Pound per annum And these Commissioners caused the Earl of Kildare's Estate to be surveyed Lib. H. and it amounted to eight hundred ninety three Pound eleven Shillings and eight Pence half Penny per annum which was a mighty Revenue in those Days And in the latter end of the Year viz. the twenty second of February the Earl of Ossory was restored to the Title of Earl of Ormond which was afterwards confirmed to that Noble Family by Act of Parliament anno 1541. On the twenty fifth of July 1538. 1538. the Lord of Trimletstown who was also Lord Chancellor departed this Life and in his stead Sir John Allen Master of the Rolls was first made Lord Keeper of the Great Seal by the Lord Deputy and Council and afterwards on the eigteenth Day of October was made Lord Chancellor by the King In the mean time in the beginning of May the Lord Deputy marched from Trim to pursue O Reyly but he prevented it by his Submission And thereupon the Deputy marched against Savage a degenerate Englishman into Ards and Lecale and there he took Mac Genis his Castle of Dundrum and seven Castles more and wasted and preyed all that Country and which was worse he burnt the Cathedral Church of Downe and defaced the Monuments of the Saints Patrick Bridget and Columbus and committed many other Sacriledges And about the same time Images were every where defaced or taken away and particularly the famous Image of the Blessed Virgin at Trim was burnt and the Oblations and Treasures which many superstitious Votaries had offered there were also taken and carried away And it seems That whilst the Lord Deputy was engaged in the North O Connor on the one side and O Toole on the other fell upon the Inhabitants of the Pale and committed what Robberies and Depredations they pleased and returned Home without Loss But when the Lord Deputy came back and understood what they had done he resolved to be revenged of O Connor and immediately invaded Ophaly and took the Castles of Braghnal and Dingen And in his Letter to the King of the twelfth of August he writes That he forced O Carol and O Magher to give Hostages and that O Carol paid him three hundred Marks to redeliver his Son and desired to take a Patent from the King for his Country but it is not fit to grant it to him because he is False And that the English do now so well understand the Irishmen and Country that if the King will send them Mony they will manage the Irish as he Pleases And in his Letter of the twenty first of March he acquaints the King That Brian O Connor submitted in the open Fild and that he pursued Cahir O Connor until he forced him to come to Dublin to make his Submission there In the mean time the Reformation of Religion went on but very slowly in Ireland for although Archbishop Brown was very zealous for it yet the Primate Cromer was as industrious against it as will appear by the following Letter from Archbishop Brown to the Lord Cromwel Right Honourable and my singular good Lord I Acknowledge my bounden Duty to your Lordships Good-Will to me April 8. 1538. next to my Saviour Christ's for the Place I now possess I pray God to give me his Grace to execute the same to his Glory and his Highness's Honour with your Lordship's Instructions The People of this Nation be Zealous yet Blind and Vnknowing Most of the Clergy as your Lordship hath had from me before being Ignorant and not able to speak right Words in the Mass or Liturgy as being not skilled in the Latin Grammar so that a Bird may be taught to speak with as much Sense as several of them do in this Country these Sorts though not Scholars yet crafty to cozen the poor Common People and to disswade them from following his Highness's Orders George my Brother of Armagh doth under-hand occasion Quarrels and is not active to execute his Highness's Orders in his Diocess I have observed your Lordship's Letter of Commission and do find several of my Pupils leave me for so doing I will not put others in their Livings till I do know your Lordship's Pleasure for it is meet I acquaint you first The Romish Reliques and Images of both my Cathedrals in Dublin took off the Common People from the true Worship but the Prior and the Dean find them so sweet for their Gain that they heed not my Words therefore send in your Lordship's next to me an Order more full and a Chide to them and their Canons that they might be removed Let the Order be That the Chief Governors may assist me in it The Prior and Dean have written to Rome to be encouraged and if it be not hindred before they have a Mandate from the Bishop of Rome the People will be bold and then tug long before his Highness can submit them to his Grace's Orders The country Folk here much hate your Lordship and despitefully call you in their Irish Tongue The Black-Smith's Son The Duke of Norfolk is by Armagh and the Clergy desired to assist them not to suffer his Highness to alter Church Rules here in Ireland As a Friend I desire your Lordship to look to your Noble Person for Rome hath a great Kindness for that Duke for it is so talked here and will reward him and his Children Rome hath great Favours for this Nation purposely to oppose his Highness and so have got since the Act passed great Indulgences for Rebellion therefore my Hopes are lost yet my Zeal is to do according to your Lordship's Orders God keep your Lordship from your Enemies here and in England And in May after he wrote the following Letter Right Honourable MY Duty premised It may please your Lordship to be advertized Sithence my last there has come to Armagh and his Clergy a private Commission from the Bishop of Rome prohibiting his Gracious Highness's People here in this Nation to own his Royal Supremacy and joyning a Curse to all them and theirs who shall not within forty Days confess to their Confessors after the publishing of it to them That they have done amiss in so doing the Substance as our Secretary hath translated the same into English is thus I A. B. from this present Hour forward in the presence of the Holy Trinity of the Blessed Virgin Mother of God of S. Peter of the Holy Apostles Archangels Angels Saints and of all the holy Host of Heaven shall and will be always obedient to the Holy See of S. Peter of Rome and to my Holy Lord the Pope of Rome and his Successors in all things as well Spiritual as Temporal not consenting in the least that his Holiness shall lose the least Title or Dignity belonging to the Papacy of our Mother Church or to
agrorum spoliatores per viam and Rape shall be punished with Death without Mercy 16. That no Man shall meddle with any Ecclesiastical Officer or Benefice but pay all their Tithe punctually and half Tithe of the Fish taken by Foreigners on the Coast 17. That Noblemen shall have but twenty Cubits or Bandles of Linnen in their Shirts Horsemen eighteen Footmen sixteen Garsons twelve Clowns ten and that none of their Shirts shall be dyed with Saffron on pain of twenty Shillings 18. That the Lord or Gentleman into whose Country a Theft is traced must trace it thence or make restitution 19. No Histriones Mummers or Players at Christmas or Easter Lastly The Earl of Ormond in the Counties of Waterford Typerary and Kilkenny and the Earl of Desmond in the rest of Munster are made Custodes Executores of these Ordinances with the Assistance of the Bishop of Cashel But we must not leave the Year 1541 Sullevan 79. until we have informed the Reader That Robert Wachop titular Archbishop of Armagh who is famous for riding Post the best of any Body in Christendom although he was blind from his Cradle did this Year introduce the Jesuites into Ireland by the Favour and Countenance of Pope Paul the third John Codur was the first of the Society that went thither and was followed by Alphonsus Salmeron Paschasius Broet and Francis Zapata and the observing Reader will easily perceive the dismal and horrible Effects of that Mission which hath ever since imbroiled Ireland even to this Day But the King to obviate the Designs of the Papacy and to assert his own Supremacy which was his Right by Common Law and was also declared and established by Act of Parliament caused all the Irish that submitted to him to renounce the Pope's Usurpations and to own the King's Supremacy by Indenture O Connor and O Dwyn or Dyn were two of the first that complied with this Form and their Example was followed by O Donel who by his Indenture of the sixth of August Lib. D. 33 Hen. 8 Covenants Quod renunciabit relinquet adnihilabit proposse suo usurpatam Authoritatem Primaciam Romani Pontiâ—icis sibi adherentes nullo modo acceptabit proteget aut defendet nec in patria sua illos aut aliquem illorum permittet sed omni industria diligentia illos quemlibet illorum expellet ejiciet eradicabit aut ad subjectionem dicti Domini Regis successorum suorum coercebit constringet Brian mac Mahon did the like the fourteenth of August And in January O Neal came to Minooth and did the same the thirteenth of May O More perfected his Indenture And on the twenty fourth of May 1542. 34 H. 8. Hugh O Kelly Abbot of Knockmoy surrendred that Abby and made his submission by Indenture in the Form aforesaid Moreover he covenanted to furnish the King with sixty Horse and a Battle of Galloglasses and sixty Kern when the Lord Deputy comes to Connaught and with twelve Horse and twenty four Kerne anywhere out of Connaught and so that Abby was granted to him during Pleasure O Rourk submitted the first of September and Mac Donel and Mac William did the like the eighteenth of May 1543. But because all these Indentures are to be found registred in the Red Book of the Privy Council of Ireland I will trouble the Reader only with the Substance of one of these Indentures by which he may easily guess at the rest HAec Indent Lib. D. fact 26. die Septembris 34 Hen. 8. inter prenobil Vir. Ant. Saintleger Jacobum Comit. Desmoniae Will. Brabazon Arm thesaur ad Guerras Subthesaur Reg. Hiberniae Johannem Travers Armig. magistr ordinatium Osborn Echingham milit mariscallum c. ex una parte Dom. Barry alias Great Barry Mac Cartymore Dom. de Rupe alias Lord Roch Mac Carthy Reagh Thadeum Mac Cormock Dom. de Musâ—ry Barry Oge alias the young Barry O Sullevan Bear suae Nation Capit. Donald O Sullevan suae Nation Primum Barry zoe alias the Red Barry Mac Donough de Allow suae Nation Capit. Donaldum O Callaghane Nationis suae primum Geraldum filium Johannis milit ex altera parte Testatur Quod predict Dominus Barry c. conveniunt concedunt consentiunt pangunt pro seipsis conjunctim divisim haered successor assignat Tenent sequacibus suis ad cum dicto Deputat c. quod tenebunt perimplebunt omnes singul Articulos conventiones pacta condiciones quae in hiis Indentur continentur ex parte eorum c. Imprimis Ipsi quilibet eor recognoscit Regiam Majestat predict haeredes successores suos Reges esse Naturalem ligeum Dom. suum illumque illos secundos post Deum honorabunt illisque obedient servient contra omnes creaturas mundi Ac suam Majestatem haeredes successores Reges acceptabunt tenebunt immediate sub Christo in terris Ecclesiae Anglicanae Hibernicanae supremum Caput illius illor locum tenent Deput vicem gerent in hoc Regno Hiberniae obedient inservient in omnibus servitium suae Majestatis haered successor Regum concernentibus Et quantum in illis conjunctim divisim aut assignat illor est vel fuit usurpator primaciam authoritatem Romani Episcopi adnihillabunt omnesque suos Fautores Adjutores Suffragatores ad sum posse illor precipitabunt abolebunt atque personas spiritual temporal quae promoventur ad ecclesiastica beneficia sive dignitat per Regiam Majestatem seu alios de jure patronos tantum absque aliqua provisione fienda dicto Episc Rom. manutenebunt supportabunt defendent ex hinc omnes singules Provisores alia Rom. pro promotione petentes confugientes apprehendent producent ad Reg. commun legem ib. judiciari rectari secundum statut ordination pro similibus casibus facta fienda The Second Covenant is To submit all their Controversies to the Determination of the Bishops of Waterford Cork and Ross the Mayors of Cork and Youghal Suffrain of Kingsale Philip Roch Esq William Walsh Esq the Dean of Cloyne or any three of them quorum Desmond to be one and the like is in other Provinces mutatis mutandis The Third is About their future Controversies to be decided by the Earl and the said Bishops or two of them quorum Desmond to be one and they may fine or amerce Wrong-doers of which Fine the King shall have one third and the Judges the rest The Fourth is That if the Case be too difficult for the Commissioners it shall be determined by Justices of Assize and no Force shall be used nor Peace broken on Pain of a Fine The Fifth is That they shall help and defend the Collectors of the King's Revenue The Sixth is To obey the Ordinances made by the Nobility and annexed to the Indenture which probably were
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enactedâ— And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna mentâ— secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
came thither and watched three days yet none of the Irish Commissioners appeared except only Hugh O Conner who had no Power to Act singly and tho' the Lord Lieutenant had ordered the Irish to send some Beeves to the Garisons of Conaught towards their Subsistence yet did they likewise make such unreasonable Delays in delivering those Beeves being but 200 in all that many of the Soldiers were Starved to Death for want of them and when mere necessity occasioned by the Delay aâ—d Non-performance on the Irish side compelled any of the English to take a Sheep or a Cow presently Complaints were made to the Lord Lieutenant as if the Cessation were broken or as if the whole Country were up in Arms whereupon Orders were issued bearing date the Eighteenth of March and Twenty ninth of March to examine the Irish Complaints against the Garisons of Conaught and particularly against that of Castlecoot and more especially about their Combination with Captain Cambell an Irish Scot and their casting of Ordnance which the Confederates objected against them and accordingly the English Commissioners repaired to the place appointed but the Irish came not the First day and the Second day when they did come they pretended they were not prepared not had a sufficient Commission to proceed then but desired to adjourn to Thursday in Easter week at Roscomon which was agreed to but when that day came the Irish Commissioners did not appear but sent a Letter That Roscomon was not a fit Place and desired to meet at Balmtober near which place their Army lay but the English Commissioners resenting this Third disappointment scorned to make any more Assignations with them well knowing that there was no ground for their Complaint but that it was all Contrivance and Clamour But on the Twenty seventh of April 1641. a Warrant issued to make Henry Viscount Willmot and Thomas Viscount Dillon and the Survivor of them Lords President of the Province of Conaught except the County and Town of Gâ—â—way the Government whereof with Ten Shillings per diem was Granted to the Lord of Clanrickard But it happened not long after 1644. that Major Ormsby being Garisoned in Tulsk which place belonged to Mr. Lane afterwards Lord Lanesburough the Proprietor demanded the House which could not be justly refused him tho' his Right was unseasonable insisted upon at that time because Ormsby had done good Service and was very troublesome to the Irish But the Major perceiving that he must turn out and having no other Convenient place to carry his Soldiers unto he cunningly declared against the Cessation and kept Correspondence with those of that Faction in Ulster and hereupon he preyed upon the Irish to that Degree that his Garison lived whilst most of the rest of the English were Starving insomuch that as many as could did flock to him whereby the other Garisons were left almost empty and so he continued until the Earl of Castlehaven forced him to submit to the Cessation as that Lord wries in his Memoirs but I believe he continued so until his Castle was taken by the Lord Taaf Anno 1645. And as to Ulster 1643. the Scots and all those that had taken the Covenant or were inclined to take it were very much dissatisfied with the Cessation Monroe complained to the Lords Justices That the Scots who were by the Agreement to be paid every Three Months were now Eighteen Months in Arrear and therefore it was hard to put them off with a Cessation however he Promises to avoid Hostility until the Earl of Leven his General be consulted but the Supream Council were so netled at Monroes aversion to the Cessation That they on the Fifteenth of October wrote to the Lords Justices That seeing the Scots continued their Outrages and would admit of the Cessation no farther than stood with their own advantage whereby the Confederates were diverted from assisting the King they who could not accuse themselves of any one hollow thought and detested all subtil Practices and cannot think of serving two Masters or of standing Neuter where their King is Party do desire that none may reside in the Kingdom but good Subjects and that by the joynt Power of such the Opposers or Breakers of the Cessation may be chastised and that till that can be done their Proceedings in Prosecution of them may not be interpreted a Violation of the Truce But in the beginning of the Year 1644. 1644. Monroe published that he had a Commission from the Parliament of England and the Council of Scotland to govern the Province of Ulster whereupon the Lords Mongomery and Blany Sir James Mongomery Sir Robert Stewart Colonel Hill and the Majors Rawden Jones and Gore came to Colonel Chichester at Belfast to consult what was fit to be done but the next Morning being the Fourteenth of May Monroe surprized the Town because Colonel Chichester had made Proclamation against the Covenant which was a little before this time imposed by Order of Parlament and had refused to admit any Scots into the Garison and had sent a Convoy with Colonel Steward and Colonel Seaton Agents to the King and had discountenanced all that were affected to the Covenant or to Monroes Party However Monroe distributed Victuals out of the Magazine to Colonel Chichesters Regiment and quartered them in the adjacent Villages until a little after they went to Dublin and he also wrote very civilly to the Lord Lieutenant but would not restore Belfast according to his Order In the mean time Owen Roe being weakned by the defeat already mentioned and the opposition he still met with from the British in the beginning of Winter left his Troops and Creaghts to shift themselves and came to the General Assembly at Waterford to desire assistance affirming that otherwise he must be forced to retire into the other Provinces Hereupon the Assembly appointed Six thousand Foot and One thousand Horse and Dragoons under the Command of the Earl of Castlehaven to joyn with Four thousand Foot and Four hundred Horse which Owen Roe had promised from Ulster And that nimble General having some time to spare did by the Commands of the Supream Council march part of his Forces to Conaught Memoirs 45. and compelled Burk of Castle Carrow and the Lord Mayo at Castlebar to submit to the Cessation and having done the like to the Ormsbey's in the County of Roscomon he went to his Rendezvouz at Granard about Midsummer 1644. Owen Roe being at the same time near Portlester but hearing that the Enemy approached he was glad to retreat towards Portlester and having left 600 Foot and One hundred Horse to Guard the Bridge of Feynagh over the Jany which had a Castle on his side he thought himself pretty secure but the Scots marched on and the ignorant or as this Earl of Castlehaven styles him the unfortunate Colonel whose business it was to Guard the Pass sends out his Horse to Skirmish having learned from his General That
Bishops Vicars-General Abbots and all others exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to Your Majesty and Disobedience and Contempt of Your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other Your Majesties Dominons or otherwise to be prosecuted according to Law And that all Convents Seminaries and publick Popish Schools may be dissolved and suppressed and the Secular Priests Commanded to depart under the like Penalty 4. That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly Licensed according to the aforesaid Acts of Settlement And that Your Majesty would be pleased to recal Your Letters of the 26 th of February 1671. and the Proclamation thereupon whereby general license is given to such Papists as Inhabit in Corporations there 5. That Your Majesties Letters of the 28 th of September 1672. and the Order of Council thereupon whereby Your Subjects are required not to prosecute any Actions against the Irish for any Wrongs or Injuries committed during the late Rebellion may likewise be recalled 6. That Collonel Talbot who hath notoriously assumed to himself the Title of Agent of the Roman Catholiks in Ireland be immediatedly dismissed out of all Command Military and Civil and forbidden Access to Your Majesties Court. 7. That Your Majesty would be pleased from time to time out of Your Princely Wisdom to give such further Order and Directions to the Lord Lieutenant or other Governor of Ireland for the time being as may best conduce to the Encouragement of the English Planters and Protestants Interest there and the Suppression of the Insolencies and Disorders of the Irish Papists there These our humble Desires we present to Your Majesety as the best means to preserve the Peace and Safety of that Your Kingdom which hath been so much of late in Danger by the Practices of the said Irish Papists particularly Richard and Peter Talbot and we doubt not but Your Majesty will find the happy Effects thereof to the great Satisfaction and Security of Your Majesties Person and Goverment which of all earthly Things is most dear to Your Majesties most Loyal Subjects But on the 5 th day of August 1672. 1672. Arthur Earl of Essex was Sworn Lord Lieutenant and in September his Excellency and the Council made Rules and Orders for Regulating of Corporations pursuant to a Clause in the Act of Explanation to that purpose And during his Government the Kingdom was very quiet in publick Appearance 1674. for whatever Designs were form'd in favour of Popery were private 1675. and in England and were so dexterously countermined by this Lord Lieutenant that there was but small effect of them perceived in Ireland but his Excellency went for England the day of 1675. leaving the Lord Chancellor and the Lord Granard 1676. Lords Justices who continued so until the return of the Earl of Essex who resumed the Goverment on the day of 1675. But in the beginning of the year 1675. Peter Fox and five more pretending to be Passengers in a very rich Ship in Holland called the St. Peter of Hamburgh bound for France did Murder the Master and three of his Crew and brought the Ship into Ireland but by the Wisdom and Diligence of Robert Southwell Esq Vice-Admiral of Munster five of the Malefactors were taken and executed and a great part of the Cargo preserv'd and secur'd for the right Owners But the Earl of Essex being recalled 1677. James Duke of Ormond was Sworn Lord Lieutenant on the day of August 1677. and that year there was a Popish Regiment raised in Ireland in pretence of Foreign Service but the Duke would give them no Arms so that they were forced to Exercise with Sticks But I should have mentioned That the St. David and forty East-India-Ships and forty Merchant-men arrived at Kingsale in July 1673. where they found a secure Sanctuary until they had Convoy sent them from England and this perhaps might be one motive to the Duke of Ormond the next time he took the Sword to consider the Importance of that Place which is the best Chamber for Shipping in His Majesty's Dominions There it was that the Spaniards landed in the year 1601. and there Sir Jeremy Smith and his Fleet sound a safe retreat Anno 1667. and therefore His Grace founded that Royal Structure of the New Fort of Rincorran which he visited in August 1678. and named Charles Fort and it seems that King James and the French had no less value for this important Place since they chose to land there in March 1688. In September the News of the Popish Plot arrived in Ireland 1678. and thereupon Peter Talbot Titular Archbishop of Dublin was apprehended and made close Prisoner in the Castle of Dublin and on the 11th of October the Lord-Lieutenant Ormond came to Dublin and on the 14th of October His Grace and the Council issued a Proclamation for all Officers and Soldiers to repair to their respective Garisons and Quarters and not to depart from thence without license And on the 16th of October there came out another Proclamation requiring all Titular Archbishops Bishops Vicars-General Abbots and other Dignâ—aries of the Church of Rome and all other exercising Ecclesiastical Jurisdiction by Authority from the Pope as also all Jesuits and other Regular Priests to depart the Kingdom by the 20 th of November and that all Popish Societies Convents Seminaries and Popish Schools should dissolve and separate themselves c. And that they may have convenience of Transportation all Ships outward-bound were by Proclamation of the 6th of November commanded to give timely notice of their departure and to take on board such of the Popish Clergy as desired to go with them And on the 2d of November the Papists were by Proclamation required to bring in their Arms by a certain day which being expired that the Justices c. should search for them And that all Papists that had above one Pound of Powder should send in an Account of their Store On the 20 th of November a Proclamation issued forbidding the Papists from coming into the Castle of Dublin or any other Fort or Cittadel and ordering the Markets of Droghedagh Wexford Cork Limerick Waterford Youghall and Galloway to be kept without the Walls and that no Papists should be suffered to reside or dwell in any Garison except such as had been Inhabitants there by the space of twelve months before and that the Papists should not meet in unusual Numbers or at unreasonable times And the same day issued another Proclamation for a reward of 10 l. for every Commission'd Officer 5 l. for every Trooper and 4 s. for every Foot-Soldier that can be discovered to have gone to Mass since he took the Oaths of Supremacy and Allegiance And here it will be but Justice to the memory of the Duke of Ormond to
rid of some of His Majesties English Judges and Officers whom they cannot endure to bear rule over them though they saw the Kingdom prospered above any former Times under their Labour and Travel And it is untrue that the Protestants did envy the good Union of both Houses on the contrary they laboured to cherish and confirm it but if any Protestant opposed the Remonstrants upon any point how reasonable soever they presently clamour that it is done out of Malice against them and the Nation which is an unjust Obloquy and though the Pupists made daily Cabals yet the Protestant Members never had but one private Meeting and that without the Lords Justices knowledge and at that Meeting there were some Papists and the Design of it was to prevent an Impeachment intended by some of the Irish against those that were concerned in the Grand Inquisition of the Kings Title to Conaugth the Plantation of which Province with English the Natives abhorred as that which would have frustrated all their Evil Designs And as to the Session of the 11 th of May 1641 it continued very long viz. to the 7 th of August and was unprofitably spent in Protestations Declarations Votes upon Queries the Stay of Soldiers from going over Seas and private Petitions and it is untrue that there was any Certainty of the Committees being at the Water-side at the Time of Adjornment so on the 14 th of July the Lords Justices sent to both Houses to consider of a Time of Adjornment because the Harvest was approaching and the House was thin and on the 30 th of July the Commons desired the Adjornment might be delayed till the 7 th of August and on the 2 d. of August the Lords licensed the Judges to go their Circuits and the same Day the Commons desired the Adjornment might be from the 7 th of August to the 9 th of November to which the Lords agreed and on the 5 th of August a Committee of both Houses attended the Lords Justices with notice thereof and they consented thereunto by Order to be entred in the Houses as by their consent On the 6 th of August there arrived the Earl of Roscomon with a Letter from the Committee importing that they were busie about their Dispatch at London whereupon the Lords sent to the Commons that they continued their Opinion for the Adjornment and accordingly they did adjourn the next Day so that there is no Ground for the Calumny on the Lords Justices that they threatned to prorogue them or purposed to prevent the passing the Graces not then arrived into Acts. But those Remonstrants having broken Faith with His Majesty and all his faithful Subjects do take liberty to asperse his Governors and well affected Officers whom they desire for ill Ends to make odious to the People Lastly They close this Article with an Untruth for the Lords Justices did immediatly after the Arrival of the Committee write to all the Ports of the Kingdom with Briefs of the Graces concerning matters of Customs commanding the Officers to obey those Directions they also published Proclamations for transporting Wool and what Customs were payable for the same They sent Warrants for free Entries of Tobacco and what Customs were payable for it they gave Order for a Bill to be drawn for a Repeal of the preamble of the Act of Subsidies they also desired Sir James Mongomery and Sir William Cole to give notice to the Undertakers of Vlster of the Graces intended to them and they had formerly sent over the Bill for a General pardon and most of the rest of the Graces were to be executed in Dublin and respected the Regulation of the Courts there for which the Approaching Term was the proper Season But the Remonstrants had not patience to expect that but resolved to be their own Carvers and dispose of the King's Revenue and the Protestants Estates as they thought fit As to the Eighth Article the prodigious Tale of the Petition is untrue And but that these Remonstrants care not what Detractions how untrue and improbable soever they print or publish against those they hate they would not have averred this Story without producing a Copy of a Petition signed by so many Thousands but the Truth is the four Persous named had no hand in any Petition but there was indeed a Petition which reflected more upon the Protestant than the Popish Clergy but as soon as the Lords Justices had notice of it they got the Original into the Clerk of the Councils Office where it still lies What Sir John Clotworthy did or said in the Parliament of England was not known to the Protestants of Ireland nor is it material nor do they believe that any thing was then moved plotted or contrived against the Remonstrants or that the English Parliament resolved any destructive Course against them till after the Rebellion begun though the Remonstrants by confounding Times would use it as a Cover for their inhuman Perpetrations As for the Statute of 2 Eliz. the Remonstrants find fault with it because by repealing by Queen Mary's Act of Repeal it revives the necessary Statutes made by Henry 8 th against Papal Incroachments and Usurpations without which the Papists being dissolved from their dependence on the King's Auchority in matters Ecclesiastical would transfer that half of his Sovereignty to the Pope who might discharge their Allegiance in civil Causes as he hath often done here and elsewhere for as to the Penal part that Statute mitigates the Crime of Advancing foreign Jurisdiction which being Treason before is by that Act not made Treason till the third Offence after two Convictions and as to that part of the Statute about Officers and suers of Livery to take the Oath of Supremacy they have found so many Instances of His Majesties indulgence to them in that particular that it is ingratitude in them to complain And if they mean the second Chapter of secundo Eliz. it is answered that what Noise soever that Statute hath made yet it hath done very little Execution but the Complaint as if those Statutes were forged or had lain dormant till most of the Members of that Parliament were dead is of all other the most shameless for those Statutes were published in print with the rest Anno 16 Eliz. and were soon after too sparingly indeed put in Execution as appears by the Records but 't is true the second Chapter could not be executed because the Papists universally came to Church till of later Days and the Name of Recusant was not then known But afterwards when Popery became more bold and dangerous that Act was sometimes put in Execution but without danger to any Man's Life or Estate for the Penalty was but Nine Pence a Sunday and the Laws in England against Popery are very much more severe and yet upon this slender Ground and the vile Fiction of sending 10000 Scots which was never thought of till long after the Rebellion broke out do these
Remonstrants pretend to justify their Insurrection which nevertheless themselves in their Declaration in Parliament the 16 th of November 1641. have confessed to be traiterous and rebellions and at the same time pretended an Abhorrence of the abominable Murthers and Outrages of the Rebels which now they palliate as a forced taking up of Arms in their own own Defence by discontented Gentlemen Neither was that Declaration forced from them but passed in due course and order and at their own request tho' some of them would have couch'd it in softer terms for fear the Rebels might recriminate but they were outvoted without either violence or threatnings as is most falsly suggested Neither is it true that the Northern Rebels ever sent any Address to the State except the presumptuous Proposition from those of Cavan which was favourably received as hath been already related but it is wisely done of the Remonstrants to pass slightly over the Massacre in Vlster since it is not possible to justifie that barbarous Cruelty In the Proclamation of the 23 of October there is no mention of the Proroguing the Parliament and because some of the Pale did quarrel at the words Irish Papists as if themselves were included therein the Lords Justices issued a Second Proclamation to satisfie them in that Point and tho' there was a necessity of Proroguing the Parliament to avoid concourse to Dublin in that dangerous time yet it was not done without the Kings special Warrant for it who design'd that the Lord Lieutenant should be present at the Session and tho' the Kings Order was to Prorogue it to the latter end of February yet to comply with the Importunity of some of the Remonstrants who were then thought Faithful to the Government the Members were permitted to meet the 9 th of November and Adjorn'd to the 16 th and then Sat two days and shortned the Prorogation to the 11 th of January and tho' in that short Session and that troublesome time it was impossible to pass any of the Graces into Acts yet the Lords Justices did then acquaint the Houses That His Majesty would not depart from any of his former favours promised to them for setling their Estates to such as should remain faithful and Loyal That as to Armed men it was no other than hath been in all Parliaments there before and since viz. the Garrison of the Castle of Dublin in which the Parliament sits always makes a Guard for the Chief Governor and Members of Parliament but neither used Threats committed Violence or presented their Musquets as is unsincerly and untruly suggested nor could the Remonstrants apprehend any danger from this mark of respect shewn them by the Guard if their own inward Guilt had not begat Jealousies in them of what others never thought of for if the Lords Justices would have seiz'd the Persons of some of the Remonstrants upon just Suspitions and violent Presumptions what hindred them certainly nothing but a hopes by mildness and good usage to settle and fix their staggering Loyalty And it is strange that the Remonstrants pretend that any part of the Kingdom was quiet when it appears by Mac Mahon's Examination that the Conspiracy was universal and that the great Towns and Cities would revolt as soon after they did except where the Protestant Inhabitants or his Majesties Soldiers were too strong for them and Collonel Plunket aver'd That all the Catholick Lords had contracted under their hands to joyn in this Insurrection which indefinite expression must be understood to intend all those that did afterwards unite with the Rebels which were indeed all but a very few and he wrote to the Lord Abbot of Melifont that he had been a means to incite the Lords and Gentlemen of the Pale to appear in the blessed Cause then in hand and would use his endeavours night and day ad majorem Dei gloriam And it is to be observ'd that the Collonels John Barry Taaf Garret Barry and Porter who had Warrants to transport four Regiments and were therein Assisted by the Lords Justices did upon several pretences defer it till the 23 d. of October and soon after Garret Barret and his whole Regiment and most of the rest of the Soldiers went into Rebellion and if we add the general discourse amongst the Rebels in Vlster on the 23 d. and 24 th of October exfressing to the plunder'd English an assurance that Dublin was taken and the like mutterings in Munster and Conaught and the antecedent Threats of a general Rebellion and their Consultations at Multifernam mentioned in Doctor Jones his Examination it will be manifest that the Conspiracy was general and premeditated But the Remonstrants suggest that the Lords Justices applied themselves to such powerful Members of Parliament as opposed his Majesty which is like the rest for at that time the King was in Scotland and there was no difference between his Majesty and the Parliament except in relation to the Earl of Strafford whom the Remonstrants most violently prosecuted besides the Lords Justices did not sent to the Parliament at first but on the 25 th of October sent one Express to the King and another to the Lord Lieutenant according to his Majesties former Orders and seeing themselves by the generality of the Rebellion necessitated to invoke all Powers that could Assist them they did on the 5 th of November and not before write to the Privy Council and to the Speakers of both Houses and they sent Duplicates of those dispatches to his Majesty the very same day And tho' it was the highest reason that could be that the Lords Justices should first Arm the Protestant Subjects whom they might confidein for the defence of their own Lives and the Government yet they did also issue Arms to such Papists as they had any hope of and particularly 1700 Arms to those of the Pale some of which were recovered again but most of them were perfidiously made use of against the State neither were the Catholick Inhabitants of Dublin Disarm'd until those of the Pale had declared themselves in Rebellion and then their Alliance and Correspondence with the others made that Action necessary Arms were likewise sent to Wexford Waterford and Trim and Letters of Encouragement to those places and to Gallway The Order of Parliament to Pardon the Irish was publish'd in Print the 12 th of November and dispersed into all parts of the Kingdom but without any more effect than the Lords Justices Proclamation of Pardon of the 30 th of October met with and the Lords Justices Proclamation of the First of November to Pardon those of the Counties of Louth Westmeath Meath and Longford except Freeholders and Murderers was drawn by Mr. Nicholas Plunket and other Members of Parliament and thereupon some few submitted but never restor'd what they had plunder'd from the Protestants but soon after Apostatiz'd into Rebellion again neither did they shew any more respect to his Majesties own Proclamation under his Royal Signet nor
in England provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant Party or their Adherents or to any of his Majesties Roman-Catholick Subjects Party or their Adherents other than such things as upon this Treaty shall be concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and such other things as shall be propounded to either or both Houses by the Lord Lieutenant or other chief Governour or Governours for the time being during the said Parliament for the advancement of His Majesties Service and the Peace of the Kingdom which Clause is to admit no construction which may trench upon these Articles or any of them 3. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman-Catholick Subjects of this Kingdom or any of them since the Seventh of August 1641 shall be vacated and that the same and all exemplifications and other Acts which may continue the memory of them be made void by Act of Parliament 4. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiams Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries since the Seventh of August 1641 in prejudice of the said Catholicks their Heirs Executors Administrators and Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done immediately after concluding of these Articles and at furthest before the First day of October next or in case the said new Parliament be called sooner than the said last day of November then Forty days before the said Parliament And that all impediments which may hinder the said Roman-Catholicks to Sit or Vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to Sit or Vote there shall be removed before the said Parliament provided that no man shall be questioned by reason of this Article for mesne rates or wastes saving wilful wastes committed after the First of November 1645. 5. It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all debts do stand in state as they were in the beginning of those troubles and that no grant or disposition made or to be made thereof by vertue or colour of any Attainder Outlawry Fugacy or other Forfeiture whatsoever or otherwise shall be of force and this to be passed as an Act in the said next Parliament 6. It is concluded accorded and agreed by and between the said parties and His Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Country of Thomond as of the County of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the Five and Twentieth Article of the Graces granted in the Fourth year of his Majesties Reign the Tenor whereof for so much as concerneth the said Proposition doth ensue in these words viz. We are Graciously pleased that for the securing of the Inhabitants of Connaught and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Vs Our Heirs and Successors in which Act of Parliament so to be passed you are to take care that all Tenures in Capite and all Rents and Services as are now due or which ought to be answered unto Vs out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighht or found by any Office taken from the said first year of King Henry the Eighth until the One and Twentieth of July 1615 whereby our late dear Father or any His Predecessors actually received any profit by Wardship Liveries primer Seisins mesne rates Oâ—ster le mains or fines of alienations without licence be again reserved unto Vs Our Heirs and Successors And all the rest of the premises to be holden of Our Castle of Athloane by Knights Service according to our said late Fathers Letters notwithstanding any Tenures in Capite found for Vs by Office since the One and Twentieth of July 1615 and not appearing in any such Letters Patents or Offices within which rule it is His Majesties pleasure and it is so concluded and agreed that the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the Fourth Year of His Majesties Reign Provided always and it is the intention of the said parties to these presents that the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and Country of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such Composition and Agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respites and Issues of Homage any clause in this Article contained to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was Intituled by Offices taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is graciously pleased that the state thereof shall be considered in the next intended Parliament wâ—â—rein His Majesty will assent unto that which shall be Just and Honourable And it is further concluded and agreed by and between the said Parties and His Majesty is further graciously pleased that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and Twentieth Year of His late Majesty King James His Reign in England 7. It is further concluded accorded and