Churches and Church-Livings they have in present possession and the Exercise of Jurisdiction therein 2. That a Parliament be had within 6 months or when after the Roman Catholicks shall desire 3. That all Laws made in the Parliament of England since 1641. in blemish of the Catholicks are at the next Parliament to be vacated 4. All Indictments against any Catholicks since 1641. be vacated 5. All Impediments to be taken away that Catholicks be elected in Parliament 6. All Debts to remain as they were Feb. 8. 1641. notwithstanding any Attainder 7. The Estates of the Knights Gentlemen and Freeholders of Connaght Clare Thomond Limerick and Tipperary be secured by an Act. 8. All Incapacities of the Natives in Ireland be taken away by Act. 9. All Honours Trusts Imployments or such like be conferred as well upon Catholicks as Protestants 10. That the King take 12000 l. per annum in lieu of the Court of Wards 11. No Noblemen to have more Proxies than two in Parliament and all Blanks to be null 12. That the depending of the Parliament of Ireland upon England shall be as both shall agree and stand with the Laws of Ireland 13. That the Council-Table meddle only with Matters of State 14. That all Acts forbidding the Transport of Wooll be null'd by the next Parliament 15. That if any have been wrong'd by Grants from King James or since they may Petition and have Relief in Parliament 16. That divers particular Lords Knights and Gentlemen who have been as they conceiv'd wrong'd shall now be righted 17. That all who had their Estates taken from them in Cork Toughall and Dungarvan have restoration or Rent 18. That in the next Parliament an Act of Oblivion pass to all in Ireland and that adhered to them 19. That no Officer of Eminency in Ireland farm the Customs 20. An Act to pass against Monopolists 21. That the Court of Castle-Chamber be regulated 22. That the Acts for prohibiting plowing with Horses by the Tayls and burning Oats in the Straw be null 23. An Act for taking off the Grievances of the Kingdom 24. That Maritime Causes be determin'd in Ireland 25. That no Rents be rais'd upon the Subjects under pretence of defective Titles 26. That Interest-Money be forgiven from 1641. 27. That all this be acted and be of force till a Parliament agree the same 28. The Commissioners for the Catholicks that treated agree upon such as shall be Commissioners of the Peace and hear all Causes under 10 l. 29. That all Governours of Towns Castles and Places made by the King be with the Approbation of the Catholick Commissioners 30. That none of his Majesty's Rents be paid until a full Settlement in Parliament 31. That the Commissioners of Oyer and Terminer do try Murthers Stealing and all inferiour Trespasses of that nature 32. That hereafter such Differencies as shall arise between Subjects be determin'd by a Court in Ireland not transfer'd to England 33. That the Roman Clergy that behave themselves according to the Agreement be not molested Lastly That his Majesty please to grant what-ever else is necessary for the Roman Catholicks Upon which Peace the Marquess of Ormond the Lord Taaff and that Party engag'd to raise for Munster 4000 Foot and 800 Horse the supream Council and Preston for Leimster 4000 Foot and 800 Horse Inchiquin 3000 Foot and 600 Horse the Lord of Clanrickard for Connaght proportionable to the first In all 15000 Foot and 3000 Horse besides what Owen Roe upon his uniting afterwards might bring in computed to be 5000 Foot and 500 Horse that in the whole a gallanter Army had they been unanimous could scarce have been marshall'd With what Consent and Unity soever this Peace was made by those who had any pretence to Trust or to whom there was the least Deputation of Authority and Power by the Nation yet Owen O Neal with whom the Earl of Antrim joyn'd had the greatest Influence upon the Humours and Inclinations of the old Irish who had given themselves up to the Nuncio and who indeed had a better disciplin'd and consequently a stronger Army at his Command than the Confederates thought he could have gain'd to his Devotion still refused to submit to it So that the Lord Lieutenant as soon as the Peace was concluded was as well to provide against him to remove some Garrisons he held which infested those who obeyed the Acts of the Assembly and to prevent his Incursion as to raise an Army against the Spring to march against the English who were possessed of Dublin and all the Countrey and important Places of that Circuit and who he was sure would be supplied with all assistance of Shipping Men Money Victuals and Ammunition which the Parliament of England who had now murthered their Sovereign and incorporated themselves under the Name and Title of a Common-wealth could send them And he was in a worse condition to prevail against both these by the unhappy Temper and Constitution of the Scots in Ulster who being very numerous and possessed of the strong Towns though in profession they abhorred the Regicides and were not reconcilable to Owen O Neal and his Party were as yet as un-inclined to the Peace made with the Confederates and far from paying an obedience and full submission to the Orders and Government of the Lord Lieutenant maintaining at the same time the Presbyterian Form in their Church and an utter Independency in the State and out of those contradictory Ingredients compounding such a peevish and wayward Affection and Duty to the King as could not be applied to the bearing any part in the great Work the Marquess was incumbent to As soon as he heard of the Murther of the King he proclaim'd our present Sovereign Charles the 2d King of England Scotland France and Ireland at Carrick the 16th of Feb. 1648. And being by a Clause in his late Commission from his Majesty qualified with special Power and Authority to make no distinction in difference of Judgement betwixt any who should subject their Assistance to his Majesty's Service he soon won the Scots to a compliance though under the shackles of their Covenant who immediately us'd the most favourable Arguments they could to win Sir Charles Coot to their Party And to that end from the Congregation of the Presbytery at Belfast the 15th of Feb. 1648. they tempt him by several Representations with their Sence To which the 7th of March ensuing Sir Charles Coot and the Council of War held at London-derry return'd these Reasons for their Dis-agreement First We find no part of God's Word authorizing us being but a Branch of a subordinate Kingdom to declare against the Parliament of England under whom we serve who are the visible Authority of both Kingdoms and against an Army acting by their Power before we receive from themselves a Declaration and Grounds of those Proceedings wherewith they are aspers'd Secondly For the Covenant we have taken on which your Representations seem to
Protestant Religion and all the Brittish Professors thereof out of this Your Majesties Kingdom And to the end it may the better in some measure appear Your Suppliants have made choice of Captain William Ridgeway Sir Francis Hamilton Knight and Baronet Captain Michael Jones and Mr. Fenton Parsons whom they have employed and authorized as their Agents to manifest the truth thereof in such Particulars as for the present they are furnish'd withal referring the more ample manifestation thereof to the said Captain William Ridgeway Sir Francis Hamilton Captain Jones and Fenton Parsons or any three or more of them and such other Agents as shall with all convenient speed be sent as occasion shall require to attend Your Majesty from Your Protestant Subjects of the several Provinces of this Your Kingdom VVe therefore Your Majesties most humble loyal and obedient Protestant-Subjects casting down our selves at Your Royal feet and flying to You for succour and redress in these our great Calamities as our most gracious Soveraign Lord and King and next and immediately under Almighty God our Protector and Defence most humbly beseeching Your Sacred Majesty to admit into Your Royal Presence from time to time our said Agents and in Your great VVisdom to take into Your Princely Care and Consideration the distressed Estate and humble desires of Your said Subjects so that to the Glory of God Your Majesties Honour and the happiness of Your good Subjects the Protestant Religion may be restored throughout the whole Kingdom to its lustre that the losses of Your Protestant Subjects may be repaired in such manner and measure as Your Majesty in Your Princely VVisdom shall think fit and that this Your Kingdom may be setled as that Your said Protestant Subjects may hereafter live therein under the happy Government of Your Majesty and Your Royal Posterity with comfort and security whereby Your Majesty will render Your self through the whole VVorld a most just and Glorious Defender of the Protestant Religion and draw down a Blessing on all other Your Royal Undertakings for which Your Petitioners will ever pray c. Subscribed by the Earl of Kildare Lord Viscount Montgomery Lord Blany and many others To which they received this Answer by His Majesties Command At Our Court at Oxford the 25th of April 1644. His Majesty being very sensible of the Petitioners Losses and sufferings is ready to hear and relieve them as the Exigencie of his Affairs will permit and wisheth the Petitioners to propose what they think fit in particular for his Majesties Information and the Petitioners Remedy and future Security Edw. Nicholas Upon the reading of the Petition His Majesty was pleased to say That He knew the Contents of the Petition to be Truth APPENDIX XII Fol. 142. The Propositions of the Roman Catholicks of Ireland humbly presented to His Sacred Majesty in pursuance of their Remonstrance of Grievances and to be annexed to the said Remonstrance together with the humble Answer of the Agents for the Protestants of Ireland to the said Propositions made in pursuance of Your Majesties directions of the 9th of May 1644. requiring the same 1. Pro. 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 Catholicks within the Kingdom of Ireland may be repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion Answ. To the first we say that this hath been the pretence of almost all those who have entred into Rebellion in the Kingdom of Ireland at any time since the Reformation of Religion there which was setled by Acts of Parliament above eighty years since and hath wrought good effects ever since for the peace and welfare both of the Church and Kingdom there and of the Church and Kingdom of England and Protestant party throughout all Christendom and so hath been found wholesom and necessary by long experience and the repealing of those Laws will set up Popery again both in Jurisdiction profession and practice as that was before the said Reformation and introduce among other 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 17th year of Your Raign touching punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Pro. 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 10th year of King Hen. 7. called Poyning's Acts explaining or enlarging the same be suspended during that Parliament for the speedy settlement of the present Affairs and the repeal thereof be there further considered of Answ. VVhereas 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 present 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 dismissed 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 terrour 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
remainder of English but by a Peace We find his Majesty being deluded by the first and believing the last to be conducing to the preservation of his Majesties Protestant Subjects is concluding of a Peace which will again admit those Irish Rebels to be Members of Parliament so that that Court which should afford relief for our Grievances will by their over-swaying Votes be our greatest Grievance Moreover we are too truly informed by divers of their own Party whose names if we should publish would be as great an ingratitude as folly the first in betraying those that obliged us the last in depriving our selves of all future Intelligence by them that they have vowed never to submit to an English or Protestant Government except they have liberty to exercise their Religion in Churches That the Forces of the Kingdom may be Train'd-Bands of their Men and that likewise those of their own Religion may be admitted to Places of Trust in the Common-wealth which they call modest and moderate demands though we hope they cannot seem so to any but themselves and their Clergy who we find do not think them enough being they may not have all their Church-Livings For we have certain intelligence that they have made a strong Faction as well among my Lord of Castlehaven's Soldiers as in all other parts of the Kingdom so that they are five parts of six who will fly out into a new action when they see a convenient time to execute their design which as yet they determine to forbear until they see a Peace concluded supposing that then the Lord Lieutenant of Ireland will intermix Irish and English without distinction to oppose the Scots and that by that means there will be a sufficient number of their Party in our Garrisons to master them which when they find an opportunity for they will certainly seize into their own hands upon notice whereof the Faction abroad will with all expedition apprehend the English in all parts and having accomplished this part of their design they will manifest that they are weary of the King of England's Government and that they will trust none of his Protestant Subjects among them for we are certainly informed that they will invite a Forreign Prince to take them into his protection unto whom they will deliver possession of what he pleases and will become his Subjects And lest that Princes Treasure should be exhausted by Wars in other places the Clergy have with the Pope's assistance raised amongst those of their own Calling and divers of the Gentry in Italy one hundred thousand pounds in money and a quantity of Arms and Ammunition that are now ready to be sent hither and they have employed one Doctor Duyer to go forthwith thither for it as also to get his Holiness to settle a course for the raising of more Money to be employed for the advancement of that which they call the Catholick Cause Therefore out of a true sense of our injuries already suffered and un-redressed with a right apprehension of inevitable ruine not onely to our Lives and Estates but likewise to the English Nation and Protestant Religion we have re-assum'd our Arms according to our Duty to God our King and Countrey with inviolable resolution to die or frustrate this devillish design And since those that die acting for the Gospel are as perfect Martyrs as those that die suffering for it we cannot but with joy embrace any effect that proceeds from so glorious a Cause Neither can this act be esteemed a crime in us since his Majesty upon the Rebels first Insurrection his Treasure being exhausted gave his Royal assent for the passing of an Act of Parliament wherein he granted to all his Subjects that would adventure money towards reducing of the Rebels Lands proportionable to the sum adventured which would fall to the Crown when the Conquest should be finished And the better to secure the Adventurers his Majesty obliged himself to make no Peace with the Rebels but with the advice and approbation of the Parliament of England and by that Act communicated to the Parliament that Power which before was solely in himself So that they not condescending to this Peace our imploying of their Aids and re-assuming of those Arms put into our hands by King and Parliament joyntly cannot be esteemed contradictory to his Majesty in regard that their joynt Act is so absolutely binding that neither of them severally can annull it as is evident in the Laws of the Realm Therefore if this War were onely Offensive yet even slander it self must acknowledge us innocent having so just a Cause so pious an Intention and so lawful an Authority much more it being Defensive and the Law both of God and Nature allowing every one to defend himself from violence and wrong Moreover the King must never expect any obedience from the Irish but what proceeds either from their Interest or Fear Through the first of these neither his Majesty or we can hope for assurance for not granting them all their desires their Interest which is more powerful with them than their Loyalty will make them throw off their subjection and to become absolute not scruple to destroy us Then to expect any security by their fears were frivolous for though we have found their Hearts as ill as their Cause yet they cannot be apprehensive of 2 or 3000 ill armed and unprovided men having all things necessary and so numerous a People at their devotion And lest our Enemies should scandalize us with breach of Faith in violating the pretended Cessation or with Cruelty in expelling the Irish Papists from our Garrisons who hitherto seemed adhering to us Concerning the first we declare That although our necessities did induce us to submit supposing the Cessation would have produced other effects as is before mentioned yet we had no power without Authority from King and Parliament joyntly to treat or yield to it or if it had been in our powers yet by the Rebels daily breaches of it we are disengaged from it Concerning the second we declare That our Garrison cannot be secured whilst so powerful and perfidious Enemies are in our bosomes Powerful being four to one in number more than the English Perfidious in their constant designs to betray us some whereof we will instance to convince their own Consciences and satisfie the World of our just proceedings One Francis Matthews a Franciscan Frier being wonderfully discovered in an Enigmatical Letter and as justly executed before his death confessed that he had agreed to betray the City of Cork to the Lord of Muskery which must necessarily infer that the chiefest and greatest part of that City were engaged in this Conspiracy for otherwise he could not so much as hope the accomplishment And if this had taken effect it had consequently ruin'd all the Protestants in the Province of Munster that being our chief Magazine and greatest Garrison Besides upon this occasion other Friers being examin'd upon Oath confessed that in
Lieutenant-General of the Army with a strong Party of Horse to pursue Jones his Horse which were sent for Tredagh which he did so successfully that he surprized one whole Troop and afterwards encountred Colonel Chidley Coot in the head of 300 Horse whereof he slew many and routed the rest who in great disorder fled to Tredagh The Lord Inchequin presently sent advertisement of this success and that he had reason to believe that if he pursued this advantage and attempt the Town while this terror possessed that Party he should make himself Master of it whereupon in respect of the great importance of the Place the reduction whereof would produce a secure correspondence with and give encouragement to the Scots in Ulster who made great professions in which they were ever free of Duty to the King and had now under the conduct of the Lord Viscount Montgomery of Ards driven Sir Charles Coot into the City of London-derry and upon the matter beleagu'd him there the Lord Lieutenant by the advice of the Council of War approved the Lord Inchequin's Design and to that purpose sent him two Regiments of Foot and two Pieces of Artillery and such Ammunition and Materials as could be spared wherewith he proceeded so vigorously that within 7 days he compelled the besieged to yield to honourable Conditions so reduced Tredagh to the Kings Obedience after he had been twice beaten off the Town having not above 600 Men who had spent all their Ammunition left to defend so large a circuit some of which afterwards revolted to the Marquess and Colonel Coot with 150 Horse and near 400 Foot march'd to Dublin There was now very reasonable ground for hope that the Parliaments Party would quickly find themselves in notable streights and distresses when it was on a suddain discover'd how very active and dexterous the spirit of Rebellion is to reconcile and unite those who were possessed by it and how contrary soever their Principles and Ends seem to be and contribute jointly to the opposing and oppressing that Lawful Power they had both equally injured and provoked The Parliament Party who had heap'd so many Reproaches and Calumnies upon the King for his Clemency to the Irish who had founded their own Authority and Strength upon such foundations as were inconsistent with any toleration of the Roman Catholick Religion and some write so bitter are their Pens even with Humanity to the Irish Nation and more especially to those of the old Native Extraction the whole Race whereof they had upon the matter sworn to an utter extirpation And Owen O Neal himself was of the most antient Sept and whose Army consisted onely of such who avowed no other cause for their first entrance into Rebellion but Matter of Religion and that the Power of the Parliament was like to be so great and prevalent that the King himself would not be able to extend his Favours and Mercy towards them which they seem'd to be confident he was in his gracious disposition inclined to express and therefore professed to take up Arms against the exorbitant Power onely of them and to retain hearts full of Devotion and Duty to his Majesty and who at present by the under-hand and secret Treaties with the Lord Lieutenant seem'd more irreconcilable to the Proceedings of the General Assembly and to the Persons of those whom he thought govern'd there then to make any scruple of submitting to the Kings Authority in the Person of the Marquess to which and to whom he protested all Duty and Reverence These two so contrary and dis-agreeing Elements had I say by the subtile and volatile spirit of Hypocrisy and Rebellion the Arts of the time found a way to incorporate together and Owen O Neal had promised and contracted with the other that he would compel the Lord Lieutenant to retire and draw off his Army from about Dublin by his invading those Parts of Leimster and Munster with his Army which yielded most yea all the Provisions and subsistance to the Marquess and which he presumed the Marquess would not suffer to be spoil'd and desolated by his Incursions for the better doing whereof and enabling him for this Expedition Colonel Monk Governor of Dundalk who was the second Person in Command amongst the Parliaments Forces had promised to deliver to him out of the stores of that Garrison a good quantity of Powder Bullet and Match proportionable for the fetching whereof Owen O Neal had sent Farral Lieutenant General of his Army with a Party of 500 Foot and 300 Horse At that time Tredagh was taken by the Lord Inchequin who being there advertised of that new contracted friendship resolved to give some interruption to it and made so good hast that within few hours after Farral had receiv'd the Ammunition at Dundalk he fell upon him routed all his Horse and of the 500 Foot there were not 40 escaped but were either slain or taken Prisoners and got all the Ammunition and with it so good an Account of the present state of Dundalk that he immediately engaged before it and assisted by the Lord of Ards who a little before had been chosen by the Presbyterian Ministers their Commander in Chief thereby possessing himself of Carrigfergus and Belfast in two days compelled Monk who would else have been delivered up by his own Souldiers to surrender the Place where was a good Magazeen of Ammunition Cloath and other Necessaries for War most of the Officers and Souldiers with all alacrity engaging themselves in his Majesties service though the Governor Shipt himself for England and landing shortly after at Chester he went immediately to Bristol where Cromwel the Parliaments Lord Lieutenant was then to come for Ireland who receiv'd him very courteously but after he had remain'd some days there advised him to go up to the Parliament to give them satisfaction in the Cessation he had made with Owen Roe O-Neal the 8th of May 1649. which he did And the business of that Cessation being brought into the House it was much resented and after some debate more then ordinarily had on other occasions several severe Votes passed against it onely Colonel Monk being conceived to have made it out of a good intent for preserving the Interest of the Parliament was held to be clear and not thought fit hereafter to be question'd But this was taken as a fair way of laying him aside whereupon Colonel Monk retir'd to his own Estate unhappy onely in being the Instrument of their preservation who were not sensible of his Merits And now that all Parties might be kept entire the Marquess of Ormond publishes a Declaration upon Instructions from the King design'd purposely for Ulster AFter my hearty Commendations upon some Representations that have been lately made unto us we have thought fit to send you down the ensuing Instructions First That so far as your Power extends you cause every Person without distinction who have submitted to his Majesties Authority
were countenanc'd in their Complaints and Prosecution And as to the Progress of Religion there receive from the Bishop of Derry this account in his Discourse of the Sabbath where having occasion to mention the incomparable and pious Primate Archbishop Usher he takes notice That having liv'd sundry years a Bishop in the Province of Ulster whilst the Political part of the care of that Church lay heavy upon his shoulders he prais'd God they were like Candles in the Levitical Temple looking one towards another and all towards the Stem no contention arising amongst them but who should hate contention most and pursue the Peace of the Church with swiftest paces inasmuch as if the high-soaring Counsels of some short-wing'd Christians whose eyes regarded nothing but the present Prey with the Rebellious practises of the Irish Enemy tied together like Samson's Foxes with Firebrands at their tails had not thrust them away from the Stern and chas'd them from their Sees with Bellona's bloody Whip They might before this time without either persecution or noise have given a more welcome and comfortable account of the Irish Church than our Age is likely to produce The last time this Noble Person the Earl of Strafford enter'd Ireland was the 18th of March 1639. when he arriv'd at Dublin Lord Lieutenant a little before having in an extraordinary Solemnity and conflux of Ambassadors and Peers been made Earl of Strafford at which time he appear'd in Parliament begun the 16th of March in the 14th of King Charles the I. expressing his Majesties Necessities in such terms as immediately Four entire Subsidies without further expostulation were unanimously consented unto the freedom of which added much to the largeness of the gift with which he rais'd 8000 Foot and 1000 Horse additional to the Veterain Forces which at the breaking forth of the Rebellion consisted but of 2297 Foot and 943 Horse And so having setled his Majesties affairs in Ireland he went for England to the Parliament at Westminster summon'd by his Mediation the 13th of April 1640. being attended from Ireland with the acclamations of the whole House of Parliament yet legible in a very remarkable manner in the Preamble of their Act of Subsidies Anno 16 Car. 1. yet afterwards we know his fate Never writes Perinshief sufficiently bewail'd by the King till the issue of his blood dri'd up those of his tears All the actions of his Government were narrowly sifted and though no one thing after the mercenary Tongues of the Lawyers had endeavour'd to render him a Monster of men could be found Treason many accumulated were so voted That him whom even now the Parliament of Ireland extolled as an excellent Governour and one for whose due and sincere Administration of Justice they had principally consented to so great a Subsidy they afterwards pursued as the cause of all their mischiefs and so by their Agents even those who afterwards complotted the Rebellion incens'd the Parliament at Westminster against him as they denied all that they had attributed to his Worth fixing on him what-ever might contribute to a praevious Government or the Kingdom 's impoverishment the state of which cannot be better clear'd than by what his Majesty in a full Council at White-hall the 27th of Ian. 1640. seem'd clearly to acquiesce in upon the Earl of Strafford's avowing of the Answer to the Irish Remonstrance against him ordering that a Copy thereof should be forthwith given by the Clerk of the Council to the Committee of Ireland then attending upon him since Registred among the publick Records Thus was this great Man accused thus justifi'd yet all was not sufficient to exempt him from the destructive Bill of Attainder suggesting His tyrannous and exorbitant Power over the Liberties and Estates of his Majesties Subjects in Ireland laying and assessing of Soldiers by his own authority upon the Subject against their consent saying also that he had an Army in Ireland which his Majesty might make use of to reduce this Kingdom meaning England as appears by the Act which passed the 10th of May 1641. His Majesty having Sign'd a Commission to the Earl of Arundel the Lord Privy Seal the Lord High Chamberlain and others to that intent which had an after Act vacating the authority of the precedent for future imitation sufficiently thereby saith his Majesty telling the World that some remorse touched even his most implacable Enemies as knowing he had very hard measure and such as they would be loth should be repeated to themselves And that it might remain to Potesterity to whom the Age is accomptable for her Actions what he suffered in his Trial and by what artifices he was brought to it the Act for the reversal of the Earl of Straffords Attainder Anno xiv Car. II. fully shows to which it may seem impertinent to add more Histories and the Occurrences of those times having presented his Actions at his Trial more significant than I dare pretend to such a Scene of Justice attended with that Magnificence in its Structure such Seats for their Majesties for Ambassadors and the most discerning Audience of England not being to be parallel'd Therefore I shall conclude as to Him with what his Majesty speaks in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That his great abilities were prone to create in him great confidence of undertakings and this was like enough to betray him to great Errors and many Enemies whereof he could not but contract good store while moving in so high a Sphere and with so vigorous a Lustre he must needs as the Sun raise many envious Exhalations which condens'd by a Popular Odium were capable to cast a Cloud upon the brightest Merit and Integrity c. Yet saith this Excellent King I could never be convinc'd of any such criminousness in him having heard all the particulars of his great Cause from one end to the other as willingly to expose his life to the stroke of Justice and the malice of his Enemies However He suffered on Tower-hill the 12th of May 1641. taking his death with as much Christianity as Courage though some account nothing Christian that is not Effeminate of whom we should say more but must refer the rest to what is extant in Print The 19th of May following Robert Earl of Leicester was designed by his Majesty Lord Lieutenant of Ireland newly return'd from his Embassy in France where he had discharg'd his Trust with singular Prudence and Courage as he had done before in Denmark and elsewhere The choice of whom exceedingly endear'd his Majesties Wisdom to the most knowing and intelligent Party of the Nation the Earl having been one never engag'd in Monopolies one of the Grievances of the Times or the publick Complaints of the Kingdom but being long experienc'd in State-affairs promised nothing save his Majesties Honour and the Kingdoms security Being thought by his knowledge in Martial Affairs and other his great Abilities to be no doubt abundantly capable to reduce the Irish to
July 1642. to Philip Mac-Hugh Mac-Shane O Relie and others on honourable Conditions Sir Francis Hamilton the Lady Craig Sir Arthur Forbes Baronet and others march'd thence with credible Articles faithfully set down by Dr. Jones in his Relation of the Rebellion in Cavan worthy perusal Those with others that came from these Castles were 1340 in number who being convey'd towards Tredath were all received by Sir Henry Tichbourn eight miles from Tredath and afterwards dispos'd of as was most convenient One of the Places most considerable in this County first surpriz'd was Cloughouter whereof Arthur Culme Esq was his Majesties Captain a Fort certainly of great strength environ'd with a deep Water and distant from shore more than Musket-shot in which the Lord Bishop of Kilmore Dr. Bedel was imprison'd though afterwards Exchang'd by Sir James Craigh and contrary to Articles seiz'd on again who died near Kilmore about the midst of March 1641 and was buried in the Cathedral Church-yard a worthy Person as formerly we had occasion to take notice of One of the brightest Lights of that Church both for Learning and a shining Conversation and in his constant diligence in the Work of the Ministery a Pattern to others In the beginning of the Troubles in this County Captain Richard Rives Commander in Chief of Sir John Borlase Lord Justice his Troop Garrison'd at Belturbet acted very close and gallantly attending the English with much faithfulness till by the command of the State who suspected his surprizal he was recall'd to Dublin marching thither through the Enemy over many dead Bodies that with Famine had perish'd in the way performing afterwards being Sir Borlase's Junior's Lieutenant Colonel very many honourable services as at Athboy near Trim with the Lord Lisle where they notoriously beat up the Rebels Quarters as else-where viz. Kells Carickmacros the Earl of Essex's Castle in Monaghan which they took from the Rebels with a considerable advantage in October 1642. highly deserving the publick notice though since he was unfortunately put away heading Colonel Penruddock's and Sir Wagstaff's Party in the West of England about the 14th of March 1654. And now by reason that more People flock'd to the City and that the Lords Justices and Council had frequent intelligence from several parts of the insolent proceedings of the Rebels against the British and Protestants in the Borders of the Pale as well as the adjacent Counties they the xi of November prohibited the access of unnecessary Persons not any way restraining such as by their Quality or Business gave no grounds of Exceptions as by the Act it self is evident which you will find in the Appendix However there were some venom'd with the vigilancy of the State who endeavour'd to cast a blemish on this Proclamation though afterwards it appear'd to be his Majesties sense in his Letters to the Lords Justices in December following Yet the 16th of November the Parliament freely met according to the Adjournment Mr. Darcy Mr. Burk and other active Members of the House of Commons having exceedingly importun'd the same the deferring thereof being as they urg'd it an injury to the whole Nation as hindring them from expressing their Loyal affections to his Majesty and shewing their desires to quell this dangerous Rebellion withall engaging that there should be on their meeting a clear Protestation against the Rebels else for fear there should have been some prejudice to the State by the concourse of People at that time the State was once resolved having power from his Majesty so to do by a Proclamation of the 27th of October to have deferr'd the Parliament to the 24th of February next ensuing for several causes therein mention'd but especially for that his Majesty desir'd the Lord Lieutenant should be there As by another Proclamation the same 27th of October the Lords Justices and Council had adjourn'd Michaelmass-Term To avoid in that exigency those great and manifold perils and dangers that might have ensu'd to the State by such concourse of People out of all the parts of the Kingdom unto the City of Dublin as the holding of the Term would necessarily require by reason of the late most disloyal and detestable Conspiracy plotted by a multitude of evil-affected meer Irish Papists But however the Parliament met And here it was visible that more were tainted with the Infection than appear'd in Rebellion Lord what artifice what cunning what varnish was put upon all the Rebels actions and cruelties Those who seem'd to be most affected with the Insurrection cover'd it with such a vail treated of it so nicely with such tenderness as if they themselves being all indeed of the Conspiracy had been to participate immediately of the Punishment as well as they were clandestinely involved in the Plot By always contesting that they might not be called Traitors and Rebels being privy to what themselves had formerly with these Rebels contrived to be done And fearing it might move the Rebels to recriminate writes a most judicious Instrument of State That the Appellation of discontented Gentlemen was the worst that could be wrung from them till One heartily detesting the Fig-leaves thrown over this nakedness told the Speaker That though he had not arriv'd at that consistency of years as that his words might challenge there an audience Days should speak and multitude of years should teach wisdom yet he could not but observe many passages in that Assembly too like Catilines in the Senate and therefore moved that it might not be told in that House or publish'd at Askelon that so general a Revolt accompani'd with such horrid and barbarous circumstances should be took notice of with a more favourable expression than Treason and Rebellion He added further That he did not know but that that was the season wherein they were cast on their trial whether Allegiance or Rebellion God or the Pope were to be own'd And that as to any thing that might soften the Rebels he conceiv'd they were harden'd with so much villany that they esteem'd all things justifiable that were attainable Iram atque animos à crimine sumunt And therefore it was fit that that House should act as sensible of the Rebels cruelties and trust God to vindicate his and his Peoples Cause Upon which and other Arguments too shameful for them to palliate the Parliament discovered their Resentment in these words The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament assembled WHereas the happy and Peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons ill affected to the Peace and Tranquility thereof who contrary to their Duty and Loyalty to his Majesty and against the Laws of God and the fundamental Laws of this Realm have traiterously and rebelliously rais'd Arms seiz'd upon his Majesties Forts and Castles and dispossess'd many of his faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other
Rebels attesting that the 100000 l. borrowed of the Subscription-Money for Ireland they soon re-paid with advantage being then forc'd to make use of it to prepare a competent Army for the defence of the King and Kingdom without any prejudice to the Affairs of Ireland whose subsistence depends on the welfare of this In Answer to which it was replied That that Kingdom were the Money restored in the mean time suffered by that Diversion and that had the Lord Wharton's Forces been approved of there was no further security that those should have been sent for Ireland than other Forces that were rais'd for that purpose and yet imployed against his Majesty at Edge-hill the other Exceptions of the Parliament in his Majesty's Papers being also answer'd which begot a Reply not altogether pertinent in this place to pursue However the Parliaments imploying the 100000 l. contrary to the Interest of the foremention'd Act in the 17th year of Car. 1. with his Majesties full consent before he left the Parliament was the cause that it produced so little good effect for Ireland many of the Subscribers taking that occasion as others before had done upon his Majesties motion to go for Ireland to withdraw their subscriptions and others not to pay in their Money which was with so much Caution provided for and guarded with so many advantagious Circumstances for all the Adventurers as if it had been carried on and seasonably applied with that Care and Sincerity it ought to have been it would in a little time have reduc'd that whole Kingdom and have eas'd that poor People of many of those Calamities they have since endur'd The want of which put the Lords Justices and State on many difficulties Yet that something might seem to be done there was an Order of the Commons House of Parliament the 3d. of August 1642. That the Ministers about the City of London should be desired to exhort the People to bestow old Garments and Apparel upon the distressed Protestants in Ireland in reference to which the 19th of September following the Lord Mayor of London ordered that those Cloaths should be brought to Yorkshire-hall in Blackwel-hall to be ready for shipping them for Ireland and a vast Supply was brought in Charity never so much manifested its compassion as in that Cause which afterwards was entrusted to a Reverend Person who discharged his trust with singular Prudence and Integrity though as to the Army these Cloaths never reach'd or intended And now the Rebels finding their Strength much augmented by the unhappy differences in England their chief Contrivers of the Conspiracy the Clergy met at Kilkenny and there Established in a General-Congregation several Considerations for their future Government Upon which Proceedings and the validity of the 6th Article of those Prelate-Dignities and learned men the first General-Assembly at Kilkenny sate the 10th of November 1642. according to what Scobel gives us an account of Though Peter Walsh one of the Assembly certainly to be credited in his second part of the first Treaties of his History and vindication of the Loyal Formulary writes that the first General or National-Assembly of the Confederates began at Kilkenny the 24th of October 1642. and continued to the 9th of January following upon which day they were dissolved having constituted to succeed them the Supream Council of the Confederate Catholicks of Ireland and that they might be the better tied together with the Holy bond of Union and Concord as is expressed in the thirty third Article of the General Assembly and the third of the Congregation They framed the ensuing Oath of Association to be taken by all in that Confederacy The Preamble to the Oath of Association WHereas the Roman Catholicks of this Kingdom have been inforc'd to take Arms for the necessary defence and preservation as well of their Religion Plotted and by many foul Practises endeavour'd to be quite suppress'd by the Puritan Faction as likewise their Lives Estates and Liberties as also for the defence and safeguard of his Majesties Regal Power just Prerogatives Honour State and Rights invaded upon and for that it is requisite that there should be an unanimous Consent and real Union between all the Catholicks of this Realm to maintain the Premisses and strengthen them against their Adversaries It is thought fit by them that they and whosoever shall adhere unto their Party as a Confederate should for the better assurance of their adhering fidelity and constancy to the publick Cause take the ensuing Oath The Oath of Association I A. B. do profess swear and protest before God and his Saints and his Angels that I will during my life bear true Faith and Allegiance to my Soveraign Lord Charles by the Grace of God King of Great Britain France and Ireland and to his Heirs and lawful Successors and that I will to my power during my life defend uphold maintain all his and their just Prerogatives Estates and Rights the Power and Priviledge of the Parliament of this Realm the Fundamental Laws of Ireland the free exercise of the Roman Catholick Faith and Religion throughout this Land and the Lives just Liberties Possessions Estates and Rights of all those that have taken or shall take this Oath and perform the Contents thereof and that I will obey and ratifie all the Orders and Decrees made and to be made by the supream Council of the Confederate Catholicks of this Kingdom concerning the said publick Cause and that I will not seek directly or indirectly any Pardon or Protection for any Act done or to be done touching this general Cause without the consent of the major part of the said Council and that I will not directly or indirectly do any Act or Acts that shall prejudice the said Cause but will to the hazard of my Life and Estate assist prosecute and maintain the same Moreover I do further swear That I will not accept of or submit unto any Peace made or to be made with the said Confederate Catholicks without the consent and approbation of the general Assembly of the said Confederate Catholicks And for the preservation and strengthning of the Association and Union of the Kingdom that upon any Peace or Accommodation to be made or concluded with the said Confederate Catholicks as aforesaid I will to the utmost of my power insist upon and maintain the ensuing Propositions until a Peace as aforesaid be made and the Matters to be agreed upon in the Articles of Peace be establish'd and secured by Parliament So help me God and his holy Gospel The Propositions mention'd in the aforesaid Oath 1. THat the Roman Catholicks both Clergy and Laity to their several Capacities have free and publick Exercise of the Roman Catholick Religion and Function throughout the Kingdom in as full lustre and splendor as it was in the Reign of King Henry the 7th or any other Catholick King 's his Predecessors Kings of England and Lords of Ireland either in
their daily Masses within that Town and all other of our Garrisons where Papists did inhabit they prayed for the advancement of the Catholick Cause which they believed the Rebels fought for And lastly we have lately discovered that the now Major and Corporation had combined with the Rebels to betray the Town to them and for that purpose an Army was drawn to all the parts adjoyning to our Garrisons in the three chiefest whereof we are confident the Rebels had their Party but by Divine Providence before the Plot could be executed the Major presuming on his speedy success contemned the Lord of Inchequin's Authority by opposing the levying of the Moneys granted by the English for the maintenance of the Soldiers just about the nick of time that the Treachery was to be effected And he being committed upon this occasion the Rebels apprehending their design to be discovered with-drew their Forces And lest this should be judged as an act of the Major onely as a private person we desire the World to take notice that as soon as our Army which forced their obedience was removed into England the Papists generally resisted what ever could be propounded for our security and would have dis-enabled us to continue our Garrisons had not the poor stript English taken all that burthen upon themselves Nay they were so insolent that they laboured to get Arms into their hands and to cause us to disband our Soldiers which they affirmed to be kept as an unnecessary charge upon the King that so they might with more facility receive the Irish and ruine us In a word since they pretend the ground of this War to be for Religion and that this is confessed by those who seem'd to adhere to us what faith can be expected from such a People whose Religion permits them to hold none with us By this preceding Relation it is evidently seen that unless we re-assume our Arms we betray the trust committed to us by God the King and Parliament and become slaves both of bodies and souls And therefore we have resolv'd to perform our duty though with apparent hazard of our lives and likewise maintain that which is a thousand times more dear unto us our Religion and also defend our Garrisons for the Kings just use These we take God to witness are our intentions and we beseech him to punish us as strangely as hitherto he hath preserv'd us if we decline at all from these Loyal and Religious resolutions and we firmly hope that the World will by this Declaration be as fully satisfi'd of the justness of our proceedings as we our selves are then though we all lose our lives in this Cause we shall give our Friends occasion to rejoyce and our Enemies to envy at so blessed an end This return of the Munster Forces to the Parliament was not so welcome to them as it was strange to the Lord Lieutenant who thereupon expostulated the business with the Lord Inchequin who the 2d of August writ to his Excellency That on suspitions of another intended surprisal by the Irish and out of a care to protect the English he had clear'd Cork Toughall and Kinsale of the Irish and put himself into a posture of safety which with his return from England was the worse resented for that he was the first man who mov'd the King to send for the Forces of Ireland into England Upon his revolt to the Parliament he dream'd of sudden Supplies but they were at that time so imbroil'd in business as they had little leisure to consider of Ireland and less means to help them so as little was sent to him for eight or ten months after but they made him Lord President of Munster Nor had the Scots much more relief in the North however the new and old Scots under Monro joyning themselves together unanimously made a shift to preserve themselves against the incursions of the Rebels and about Midsummer 1644. they gathered an Army of 10000 Horse and Foot and came into the County of Cavan and sent a Party into Longford and spoil'd much of that Countrey and march'd to Owen Roe and the Earl of Castlehaven who lay with their Army about Tonrages where they encompass'd them and had they been sufficiently vigilant might certainly have defeated the Rebels who through the favour of a close night escaped though pursued and at Finagh-Bridge met with a severe slaughter Nugents house of Carlestown they burnt and hanged him In the interim Duncannon one of the strongest Forts in Ireland under the Command of the Lord Esmond submitted not to the Cessation but being strongly besieged by Preston was surrendred about March 1644. before Sir Arthur Loftus who was to have been Governour of the Fort under his Lordship arrived there with a competent Supply who finding himself disappointed thereof carried his Provisions into Munster and the Lord Esmond soon after died What difference soever there was between some Towns and the Lord Lieutenant yet for the encouragement of any that should bring Commodities to Dublin Tredagh Dundalk Carlingford Cork Kinsale or Youghal for the relief of his Majesties Army and good Subjects there a Proclamation pass'd at Dublin the 20th of May 1644. to free them for six months from all Customs and Impositions in pursuance of a Proclamation from his Majesty at Oxford the 17th of March 1643. In April after the Committee of both Kingdoms in England to whom the affairs of Ireland were from the Parliament committed finding the business of Ireland grow very heavy upon them got themselves quit thereof and the Houses instituted another to sit at the Star-chamber of 13 Lords and 28 Commoners but few in it that understood the business of Ireland besides two Gentlemen whose Interest leading them to several Provinces much injur'd the equal management of the whole and he to whom the Provisions were entrusted order'd them at that rate as the complaint was great About May 1645. there were appointed Commissioners for Ulster Arthur Annesly Esq Sir Robert King and Colonel Beale a Citizen of London who were to carry with them 20000 l. in Money besides Provisions and Ammunition but the dispatch was so slow as they Landed not there till October besides some Commissioners should have joyned with them from Scotland who never came upon the Place so nothing could be orderly done in that the Scots by a late Treaty pretended a Right in the Government of Ireland which his Majesty in his Papers took just Exceptions against they long certainly having it in their Design to make themselves Masters of the North of Ireland since they fail'd of retaining any Interest in the Government in England But Troubles increasing in Scotland through Montross and Colonel Kittoâ—'s joyning together who had certainly taken Edinburgh but that the Plague was violent there several of the late Scotch Regiments were drawn from Ulster that more than what garrison'd Carickfergus Belfast Colrain and some other Places near the Sea-Coast where they committed the
Expedition at Kilkenny Nor was it possible for the Marquis of Ormond to procure Justice to be inflicted in a Civil or Martial way upon an Ecclesiastical Person let his crime be what it would since even they whose zeal and affection to his Majesties Service was unquestionable and who were as highly offended at the intolerable carriage and proceedings of the Bishops and Clergy as they ought to be and whose duty was not in the least degree shaken by their Declaration and Excommunication were yet so tender of those Immunities and Priviledges which were said to belong to the Church and so jealous of the behaviour of the People in any case which should be declared a violation of those Priviledges that they would by no means have an hand in inflicting capital punishment upon any Church-men without the approbation and co-operation of the Bishops who were not like to be so hard-hearted as to consent unto any judgment upon the Accessories in those crimes in which themselves were the Principal So that he must not onely have determined by his own single will and judgment what was to be done in those Cases but he must have executed those determinations with his own hand And this consideration obliged the Marquis to all those condescensions and sufferings and upon all occasions to endeavour to dispose and perswade those Prelates from any obstinate and ruinous resolutions rather than to declare them to be enemies whom he could neither reform or punish The Excommunication was no sooner published by the Congregation and consented and approved by the other part of the Bishops and Clergy sitting at Galway but they quickly discerned how imprudently as well as unwarrantably they had proceeded in order to their own ends and that they had taken care onely to dissolve and disband all their Forces without making any kind of provision for the opposition of the Parliaments Forces who had quickly notice of their ridiculous madness and were thereupon advancing with their whole Power upon them the people generally who foresaw what must be the issue of that confusion thought of nothing but compounding with the Enemy upon any condition the Nobility prime Gentry and the Commissioners of Trust who saw their whole Power and Jurisdiction wrested from them and assumed and exercised by the Congregation continued their application to the Lord Lieutenant and desired him not to leave them exposed to the confusion which must attend his departure The gravest and most pious Clergy lamented the unskilful spirit of the rest and even some of the Bishops and others who were present at the Congregation and subscrib'd to the Excommunication disclaim'd their having consented to it though they were oblig'd to sign it for conformity So that they found it necessary within less than three days after the publishing it to suspend that dreadful Sentence and yet that it might appear how unwillingly they did those acts of sobriety and gentleness it will not be amiss to set down the Letter it self which the Titular Bishop of Clonfert and Doctor Charles Kelly writ to the Officers of the Army under the Command of the Lord Marquis of Clanrickard to that purpose which was in these words SIRS YEster day we received an Express from the rest of our Congregation at Galway bearing their sense to suspend the effect of the Excommunication proclaimed by their Orders till the service at Athlone be performed fearing on the one side a dispersion of the Army and on the other side have received certain intelligence of the Enemies approach unto that Place with their full force and number of fighting men and thereupon would have us concur with them in suspending the said Excommunication As for our part we do judge that suspension to be unnecessary and full of inconveniencies which we apprehend may ensue because the Excommunication may be obeyed and the service not neglected if the People were pleased to undertake the service in the Clergies name without relation to the Lord of Ormond Yet fearing the censure of singularity in a matter of so high a strain against us or to be deem'd more forward in Excommunicating then others also fearing the weakness of some which we believ'd the Congregation fear'd we are pleas'd to follow the major Vote and against our own opinion concur with them and do hereby suspend the said Censure as above provided always that after the Service perform'd or the Service be thought unnecessary by the Clergy or when the said Clergy shall renew it it shall be presently incurred as if the said Suspension had never been interposed And so we remain Your assured loving Friends in Christ Walter Bish. of Clonfert Charles Kelly Corbeg Sept. 16. 1650. If this Authentick Truth of which there is not room for the least doubt were not inserted who could believe it possible that men endu'd with common understanding and professing the Doctrine of Christianity and Allegiance of Subjects could upon deliberation publish such Decrees And who can wonder that a People enslaved to and conducted by such Spiritual Leaders should become a Prey to any Enemy though supplied with less power vigilance and dexterity than the Parliaments Forces always were who have prevailed against them and who by all kind of reproaches rigour and tyranny have made that froward and unhappy Congregation pay dear Interest for the contempt and indignity with which they prosecuted their Sovereign and his Authority His Majesty that now is being about this time in Scotland in prosecution of the recovery of his Kingdoms was by the Kirk Party which possess'd the Power of that Kingdom forced to sign a Declaration By which the Peace concluded with the Irish Catholicks in 1648. by Authority of the late King of ever glorious memory and confirmed by himself was pronounced and adjudged void and that his Majesty was absolved from any observation of it And this not grounded upon those particular Breaches Violations and Affronts which had been offered to his Majesties Authority and contrary to the express Articles Proviso's and Promises of that Treaty but upon the supposed unlawfulness of concluding any Peace with those Persons who were branded with many ignominious reproaches And though this Declaration in point of time issued after the Excommunication at James-town yet the notice of it came so near the time of the publication of the other that the Clergy inserted it in their Declaration as if it had been one of the principal Causes of their Excommunication thereby deluding the People as if that expedient of their Excommunication had been the onely foundation of security to the Nation and their particular Fortunes When the Marquis first heard of that Declaration in Scotland he did really believe it a Forgery contrived either by the Parliament or the Irish Congregation to seduce the People from their Affection and Loyalty to the King but soon after viz. the 13th of October being assured of its authentickness he immediately with the advice of the Commissioners
1652. The first Court of this nature whereof Justice Donnelan an Irish Native was President and Commissary General Reynolds and Justice Cook Assistants was at Kilkenny the 4th of October where the Supream Council of the Rebels sate in 1642. The Lord Lowther's Speech at the Opening of the High Court of Justice at the Trial of Sir Phelim O Neal. YOu have well understood how that by this Commission which hath now been read the Right Honourable the Commissioners of the Parliament of the Common-wealth of England for the Affairs of Ireland by vertue of the Power and Trust committed to them have here erected constituted and appointed a High Court of Justice And have constituted and appointed Persons therein nominated or any 12 or more of them to be Commissioners and Judges of the said Court And have authorized them to make inquisition for Blood and that in three main Points 1. To hear and determine all Murthers and Massacres of any Protestant English or other Person or Persons whatsoever within this Nation done or committed by any Person or Persons whatsoever both principal and accessaries who since the 1st day of October 1641. have killed slain or otherwise destroyed any Person or Persons in Ireland which at the time of their being so killed slain or destroyed were not publickly entertained and maintained in Arms as Officers or private Souldiers for and on the behalf of the English against the Irish. 2. To hear and determine the Charges Crimes and Causes of all and every Person and Persons both principal and accessaries who since the said 1st day of October 1641. have killed or destroyed any Person or Persons entertained or maintained as Officers or private Souldiers for and on the behalf of the English against the Irish the said Person so killing or destroying not being then publickly entertained and maintained in Arms as Officers or private Souldiers under the Command and Pay of the Irish against the English 3. To hear and determine the Charges Crimes and Causes of all such Persons that have killed or slain or otherwise destroyed any Person or Persons after Quarter given contrary to the Rules of War And to bring to Trial Judgement and condign punishment the Principals and Accessaries to those Crimes that is to say the Actors Contrivers Councellors Advisers Promoters Abettors Aiders and Assisters of any the said Murthers Massacres or killing after Quarter given contrary to the Rules of War This Commission doth likewise furnish the Commissioners with all necessary Powers requisite for this great Service and necessarily conducing to these Ends. By this Commission we may well observe for the comfort of all the good and faithful People of this Land the Justice and Wisdom of the High Court of Parliament of the Common-wealth of England and of their Right Honourable Commissioners here for the Affairs of Ireland 1. Their Justice in bringing these Crimes to Trial. 2. Their Wisdom in ordering this honourable just and equal form of Trial. 1. Their Justice and zeal of Justice appears in this That in all their Treaties and Articles concerning Ireland they would never admit of any the least hope of impunity for these barbarous and cruel Murthers and Massacres and breach of Quarter nor of any thing that might give impediment unto the faithful and impartial inquisition after all that innocent Blood which the merciless Murtherers have wickedly shed in this Land 2. Their Justice and zeal of Justice appears in that they have omitted nothing too dear to them But have with admirable charge resolution and contancy overcome all hazards and perils and have with a vast expence of English Blood and Treasure prosecuted this War which was but an execution of Justice to this conclusion and effected this fair and impartial inquisition for innocent Blood to put away innocent Blood from the Land for our righteous God the righteous Judge of Heaven and Earth hath revealed it in his holy Scripture that he will not have such wickedness to pass without condign punishment For there are three things which the Lord hates viz. Oculos sublimes Linguam mendacem Manus effundentes innoxium sanginem Prov. 6. 17. Their Wisdom appears in this 1. In that as good Husbandmen they prepare the re-plantation of the Land by rooting out the noisom Weeds that always would over-grow and destroy the good Corn as we have found by sad Experience And certainly both in Religion and Prudence it is undoubtedly necessary to clear the Land by Justice of this innocent Blood the innocent Blood of Christians most wickedly and cruelly shed upon the Land against the Laws of God and Man of Nature and of Nations the Laws of the Land and the Rights and Rules of War and the Bonds of Humanity and humane Society 2. In ordering this form of Trial by an High Court of Justice for the impartial inquisition trial and condign punishment of these Murthers Massacres and breach of Quarter For 't is manifest to any Man of sound judgement and right knowledge in the Law That that ancient and excellent Trial at the Common Law by Juries Freeholders of the proper Counties and Hundreds or Baronies where the Facts were done was neither convenient nor possible for the decision of these Causes as the present Constitution of the Common-wealth now is Where now can these numbers of indifferent Jurors be had Liberi legales Homines free from all exceptions and challenges out of which the Juries may be equally impannell'd for the trial of the Prisoners that are or shall be charged with these Crimes How can all the effectual Forms absolutely requisite to that Trial be observed in all these Cases if we do but consider the legal Challenges both for the Common-wealth and for the Prisoners to the Array to the principal Pannel to the Pales the peremptory Challenges the Challenges for Causes inducing favour or affection hatred or enmity or for Crime and how in that course could rightly be the Trial of the Articles of War So that that course of Trial not being now apt for the decision of these Causes The Commissioners of Parliament have in wisdom and prudence erected and constituted this Fair Honourable Equal and Indifferent course of Trial by erecting an High Court of Justice for the hearing and determining of these Causes Wherein are Soldiers for the Articles Rules and Laws of War Judges for the knowledge of the National Laws others that have Cognizance of the Civil Laws and other Men of great Experience Reason and Judgment and all of them Men of Honour and Integrity to be the Triers and Judges in these Cases Having thus far opened the Commission and manifested this form and course of Trial to be Honourable Just and Equal I conceive it requisite a little to consider the Laws against Murther which are to be as Land-marks and Guides to direct and lead us in the right way of Judgment in this great Work and Service Let us take a brief view of the Laws of God held forth
childless among women And Samuel hewed Agag in pieces before the Lord in Gilgal The next case is that of David David writes to Joab by Uriah to set Uriah in the fore-front of the hottest of the Battel and to retire from him that he may be smitten and die Joab did so and so Uriah was slain The Lord by Nathan the Prophet tells David That he had killed Uriah with the sword of the children of Ammon and therefore the Sword shall never depart from his house The case of Joab is remarkable Joab was a kinsman to David and he was Captain of his Hoast he did many great Services and grew old in his Service yet for all this David charges Solomon that he should not let his hoary head go down to the grave in peace because he had shed the blood of war in peace in killing of Abner and Amasa And though Joab flies to the Tabernacle and took hold of the horns of the Altar yet Solomon commands him there to be slain to take way the innocent blood which Joab had shed in killing Abner the son of Ner Captain of the hoast of Israel and Amasa the son of Jether Captain of the hoast of Judah I will onely add Ahab's case Ahab covets Naboth's Vineyard his Wife Jezebel undertakes the business Ahab leaves the matter to her management she writes Letters in Ahab's name feals them with his Seal and so carries the business that Naboth is stoned to death and Ahab takes possession of the Vineyard The Lord sends Elijah the Prophet unto Ahab saying Thus saith the Lord Hast thou killed and also taken possession c. In the place where dogs licked the blood of Naboth shall dogs lick thy blood even thine And of Jezebel also saith the Lord The dogs shall eat Jezebel by the walls of Jezreel I have remembred these Cases and Presidents because they may be useful to us in this service That of Agag and Joab to admonish us not to spare Murderers That of Ahab and David to instruct us that the Authors the Contrivers the Counsellors and the Abettors are guilty of the Murther as well as the Actors be their Plots and Devices never so subtilly and secretly carried I come next to the Law under the Gospel Those Laws against Murther are confirmed by our Saviour in the Gospel Matth. 26. 52. Revel 13. 10. He that killeth with the sword must be killed with the sword Verily I say unto you Till Heaven and Earth pass away one jot or tittle shall in no wise pass from the Law till all be fulfilled And in Verse 21. approves the Law against Murther and also reproves the narrow and literal Gloss and Exposition of the Pharisees upon it and gives us a larger and more spiritual sense of it viz. that whosoever is angry with his brother without cause is in danger of judgment The Law of England Murther by the Law of England is a Felony of death without benefit of the Clergy or Sanctuary and by the Law it is esteemed so high and grievous a Crime that it is prohibited by many Acts of Parliament to grant any Pardon for Wilful Murder This Law of England answers to that of Deuteronomy Thine eye shall not pity but life shall go for life The Laws of Ireland By the Laws of Ireland Wilful Murther is High Treason which is of a Temporal offence esteemed in Law to be the highest Crime and hath been censur'd with the severest Judgment and Punishment viz. for a man to be drawn upon a Hurdle to the Place of Execution and there to be hanged by the neck to be cut down alive his Intrals and Privy Members to be cut forth of his Body and burnt within his sight his Head to be cut off and his Body to be divided into four Quarters or Parts c. For a man to be drawn upon a Hurdle to the Place of Execution and there his Bowels to be burned It is considerable why and upon what grounds or reasons Murther was made a more horrid and execrable Crime in Ireland than in England and punished with a greater severity viz. both with Torture and with Death the Statute Decimo Hen. 7. in Ireland which enacts it to be so gave the reason of the difference Praying the Commons saith the Law Forasmuch as there have been unusual Murthers of malice prepense used and had in this Land of Ireland c. contrary to the Law of Almighty God without any fear of due punishment in that behalf Therefore the Statute doth enact Wilful Murder to be High Treason That sin was grown universal in Ireland and therefore the punishment must be extraordinary the universality of the crime causeth the increasing of the punishment or the severity thereof Ut metus ad omnes poena ad paucos perveniet But it will admit another Quoere How it came to pass that Malice and Murther was universal in Ireland more than in England I conceive these two Reasons may be given for it as new 1. We have been these many years weltring in blood by the frequent Rebellions in Ireland that have silenced the Laws 2. Their was a main defect in their Irish Laws and Customs viz. their Brehowne Law which the Irish continued amongst themselves and the degenerate English embraced it notwithstanding the introduction of the just and honourable Laws of England Now by their Irish Custome or Brehowne Law Murther was not punished with death but onely by Fines or a pecuniary Mulct which they called an Errick Therefore when Sir William Fitz-Williams being Deputy told Mac-guire That he was to send a Sheriff into Fermanagh being lately before made a County The Sheriff said Mac-Guire shall be welcome but let me know his Errick the price of his Head aforehand that if my People cut it off I may put the Errick upon the County Now for the reformation of these grievous abuses in the Land in the 10th year of King Hen. 7. in the Government of Sir Edward Poinings Knight then Deputy of Ireland there were three good and profitable Statutes made which were called Poinings Acts viz. the Statute of 10 H. 7. cap. 8. for the reviving confirming and putting in execution of the Statute of Kilkenny held before Lionel Duke of Clarence by which Statute at Kilkenny the Brehowne Law was abolished and decreed to be no Law but a lewd Custom The Statute of 10 H. 7. cap. oct by which it was Enacted That if any person took any money or other amends for the death of his Kinsman or Friend then the Law would permit meaning the Law of England the same shall be Felony by this Law the Errick was taken away The Statute of 10 H. 7. cap. vicessimo primo by which Murther is made High Treason in the Actor Provoker and Procurer of it So that by these three Statutes their Brehowne Law and lewd Custom was abolished their Errick taken away and Murther declared to be High Treason And thus
through the World ever equall'd it in the Circumstances that accompanied the Butcheries Massacres Cruelties yea the mercy of the Rebels in that War though in the end fatal to the Irish themselves above any thing that ever befel that Nation so as the greatness of their Sufferings may well testifie the remarkableness of their Crimes sutable to the innocent blood they had barbarously shed and the devastations they had made of a most flourishing and well setled Kingdom APPENDIX I. Fol. 10. Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions INasmuch as the Subjects of this Kingdom are Free Loyal and Dutiful Subjects to his Most Excellent Majesty their Natural Leige Lord and King and to be governed only by the Common Laws of England and Statutes of force in this Kingdom in the same manner and form as his Majesty's Subjects of the Kingdom are and ought to be governed by the said Common Laws and Statutes of force in that Kingdom which of right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birthright and best Inheritance Yet inasmuch as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years Introduced and Practised in this Kingdom did tend to the Infringing and Violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious intentions Therefore the Knights Citizens and Burgesses in Parliament Assembled not for any doubt or ambiguity which may be conceived or thought of for or concering the Premises nor of the ensuing questions but for manifestation and declaration of a clear Truth and of the said Laws and Statutes already planted and for many Ages past setled in this Kingdom The said Knights Citizens and Burgesses do therefore pray that the House of the Lords may be pleased to command the Judges of this Kingdom forthwith to declare in Writing their Resolutions of and unto the ensuing questions and subscribe to the same 1. Whether the Judges of this Kingdom be a Free People and to be governed only by the Common Laws of England and Statutes of force in this Kingdom 2. Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governour or Governours of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgement or Execution thereupon If so in what Cases and whether if they do hinder stay or delay such Suit Judgement or Execution thereupon what punishment do they incurr for their deviation and transgression therein 3. Whether the King's Majesties Privy Councel either with the Chief Governour or Governours of this Kingdom or without him or them be a place of Judicature by the Common Laws and wherein Causes between Party and Party for Debts Trespasses Accounts Portions or Title of Lands or any of them and which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law and of what force are their Orders and Decree in such Cases or any of them 4. The like of the Chief Governours alone 5. Whether Grants of Monopolies be warranted by Law and of what and in what Cases and how and where and by whom are the pretended trangressions against such Grants punishable and whether by Fine mutilation of Members Imprisonment Loss and forfeiture of Goods or otherwise and which of them 6. In what Cases the Lord Lieutenant Lord Deputy or other Chief Governour or Governours of this Kingdom and Councel may punish by Fine Imprisonment mutilation of Members Pillory or otherwise and whether they may Sentence any to such the same or the like Punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what Punishment do they incurr that Vote for the same 7. Of what force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by infringing any such Act of State Proclamation or both what Punishment do the sworn Judges of the Law that are Privy-Councellors incurr that Vote for such Acts and Execution thereof 8. Are the Subjects of this Kingdom subject to Marshal Law and whether any man in time of Peace no Enemy being in the Field with Banners displayed can be sentenced to Death If so by whom and in what Cases If not what Punishment do they incurr that in time of Peace execute Marshal Law 9. Whether voluntary Oaths taken freely before Arbitrators for affirmance or disaffirmance of any thing or for the true performance of any thing be Punishable in the Castle-Chamber or any other Court and why and wherefore 10. Why and by what Law and by what rule of Policy is it that none is admitted to reducement of Fines and other Penalty in the Castle-Chamber or Councel-Table untill he confess the Offence for which he is censured when as revera he might be innocent thereof though suborned Proofs or circumstances might induce a Censure 11. Whether the Judges of the Kings-Bench or any other Judge of Goal-delivery or of any other Court and by what Law do or can deny the Copies of Indictment of Felony or Treason to the Parties accused contrary to the Law 12. What Power have the Barons of the Court of Exchequer to raise the respit of homage arbitrarily to what rate they please to what value they may raise it by what Law they may distinguish between the respit of homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are approportionable by Parliament 13. Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal unto his Majesty for redress of Injuries or for other lawful Actions if so why and in what condition of Persons and by what Law 14. Whether Deans or other Dignitaries of Cathedral Churches be properly and de mero Jure Donative by the King and not Elective or Collative If so why and by what Law and whether the Confirmation of a Dean de facto of the Bishops grant be good and valid in Law or no if not by what Law 15. Whether the issuing of Quo warrantoes out of the Kings-Bench or Exchequer against Bourroughs that antiently and recently sent Burgesses to Parliament to shew cause why they sent Burgesses to the Parliament be legal if not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and
Judges of and in such Quo warrantoes 16. By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the fact Censured in the Castle Chamber in great Fines and sometimes Pillored with loss of Eares and boared through the Tongue and sometimes marked in the forehead with a hot Iron and other like infamous Punishment 17. By what Law are men Censurable in the Castle-Chamber with the mutilation of Members or any other brand of Infamy and in what Causes and what punishment in each Case there is due without respit of the quality of the Person or Persons 18. Whether in the Censures in the Castle-Chamber regard be to be had to the words of the great Charter viz. Salvo continemento 19. Whether one that steals a Sheep or commits any other Felony and after flieth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traitor if not whether a Proclamation can make him so 20. VVhether the Testimony or Evidence of Rebells Traitors protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Trials of men for their lives or whether the Judge or Jurors ought to be Judge of the matter in fact 21. By what Law are Faires and Markets to be held in Capite when no other express Tenure is mentioned by his Majesties Letters Patents or Grants of the same Faires and Markets although the Rent or yearly summe be reserved thereout Declarations of the Law made in Parliament upon the Questions propounded to the Judges in a Sessions this present Parliament 1. THE Subjects of this his Majesties Kingdom of Ireland are a free People and to be governed only according to the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the lawful Customs used in the same 2. That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of force in this Kingdom and the said Judges or any of them by colour or under pretext of any Act of State or Proclamation or under colour or pretext of any Writ Letter or direction under the Great-Seal Privy-Seal or Privy-Signet from the King 's most Excellent Majesty or by colour or pretext of any Letter or Commandment from the chief Governour or Governours of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon And if any Letters Writs or Commands from his Majesty or any other or for any other cause to the Justices or other deputed to do the law and right according to the usage of the Realm in disturbance of the Law or of the execution of the same or of right to the parties the Justices and others aforesaid ought to proceed and hold their Courts and process where the Pleas and matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due punishment according to the Law and the former Declarations and Propositions in Parliament in that Case made and of force in this Kingdom or as shall be ordered adjudged or declared in Parliament and the Barons of the Exchequer Justices of Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared that they ought to undergo the punishment aforesaid 3. The Councel-Table of this Realm either with the chief Governour or Governours or without the chief Governour or Governours is no Judicature wherein any Actions real personal popular or mixt or any Suit in the nature of the said Actions or any of them can or ought to be Commenced heard or determined And all proceedings at the Councel-Table in any Suit in the nature of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of force in this Kingdom only excepted 4. The proceedings before the Chief Governour or Governours alone in any Action real personal popular or mixt or in any Suit in the nature of any of the said Actions are voted upon Question coram non Judice and void 5. All grants of Monopolies are contrary to the Laws of this Realm and therefore void And no Subject of the said Realm ought to be fined imprisoned or otherwise punished for exercising or using the lawful liberty of a Subject contrary to such Grants 6. The Lord Lieutenant Lord Deputy or other Chief Governour or Governours and Councel of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Censure any subject in mutilation of Members standing on the Pillory or other shameful punishment in any Case at the Councel-Table and no Subject ought to be Imprisoned Fined or otherwise punished for infringing any Commands or Proclamations for the support or countenance of Monopolies And if in any Case any person or persons shall be committed by the Command or Warrant of the Chief Governour or Governours and Privy Councel of this Realm or any of them That in any such Case any person or persons so committed or restrained of his or their liberty or suffering imprisonment upon demand or motion made by his or their Councel or other imployed by him or them for that purpose unto the Judges of that Court of King's Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fees usually payed for the same have forthwith granted unto him or them a Writ or Writs of habeas Corpus to be directed generally unto all and every Sheriff Gaol-Minister Officer or other person in whose custody the party or parties so committed or restrained shall be at their retorn of the said Writ or VVrits and according to the Command thereof upon due and convenient notice thereof given unto him at the charge of the party or parties who requireth or procureth such VVrit or VVrits and upon security by his or their own Bond or Bonds given to pay the charge of carrying back the Prisoner or Prisoners if he or they shall be remanded by the Court to which he or they shall be brought as in like Case hath been used such charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any difference shall arise thereabouts bring or cause to be brought the bodies of the said party or parties so committed and restrained unto and before the Judges and Justices of the said Court from whence the said VVrit or VVrits shall issue in open Court and shall then likewise Certify the true cause of such his or their detainor or imprisonment and
thereupon the Court after such retorn made and delivered in open Court shall proceed to examine and determine whether the cause of such Commitment appearing upon the said Retorn be just or legal or not and shall thereupon do what to Justice shall appertain either by delivering bayling or remanding the Prisoner or Prisoners 7. An Act of State or Proclamation in this Kingdom cannot bind the liberty Inheritance possession or goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as breakers and violaters of their Oaths of Judges 8. No Subject of this Kingdom ought to be sentenced to death or Executed by Martial Law in time of peace and if any Subject be so sentenced or executed by Martial Law in time of peace the Authors and Actors of any such Sentence or Execution are punishable by the law of the Land for their so doing as doers of their own wrong and contrary to the said law of the Land 9. No Man ought to be punished in the Castle-Chamber or in any other Court for taking a voluntary Oath before Arbitrators for affirmance or disaffirmance of any thing or the true performance of any thing in Civil Causes Nor are the Arbitrators before whom such voluntary Oaths shall be taken punishable 10. By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledge the offence layed to his charge or the justness of any Censure past against him in the Castle-Chamber or at the Councel-Table nor ought to be detained in Prison or abridged of his liberty or the reducement of his Fine stayed or delayed until he do acknowledg such offence or the justness of such Censure And it is further declared That no such inforced or wrested confession or acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. The Judges of the Kings Bench or Justices of Gaol-delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the parties indicted 12. The Barons of the Exchequer ought not to raise the respit of Homage above the usual rates appertaining in and by the course and presidents of that Court continued until the year of our Lord God 1637. And the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the respit of Homage upon any diversity of the true values of the Knight's Fees 13. The Subjects of this Kingdom may lawfully repair into England to repeal to his Majesty for redress of Injuries or for other their lawful occasions And for their so doing ought not to be punished or questioned upon the Statute of 5. of King Richard the second nor by any other Law or Statute of force in this Kingdom eminent Officers or Ministers of State Commanders and Souldiers of his Majesties Army The Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenues and Customes whose attendance is necessary requisite by the Laws and Statutes of the Realm only excepted 14. Deaneries or other Ecclesiastical Dignities of this Realm are not de mero Jure Donative but some are Donative and some Elective and some are Collative according to their respective foundations And the confirmation of the Bishops grants by a Dean de facto having actually stallum in Choro vocem in Capitulo togegether with the Chapter is good in Law 15. The issuing of Quo warrantoes out of the Court of Kings Bench Court of Exchequer or any other Court against Borroughs that antiently or recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament and the proceedings thereupon are Coram non Judice illegal and void And the right of sending Burgesses to the Parliament is questionable in Parliament only And the occasioners procurers and Judges in such Quowarrantoes and proceedings are punishable as in Parliament shall be thought consonant to Law and Justice 16. Jurors are the sole Judges of the matter in fact and they ought not for giving their Verdict to be bound over to the Court of Castle-Chamber by the Judge or Judges before whom the Verdict was or shall be given 17. No man ought to be censured in the Castle-Chamber in the mutilation of Members or any other Brand of Infamy otherwise or in other Cases then is expresly limited by the Statutes of this Realm in such cases provided 18. In the Censures of the Castle-Chamber especially regard ought to be had to the words of the great Charter viz. Salvo contenemento c. 19. A Felon who flies the course of Justice and lieth in VVoods Mountains or elsewhere upon his keeping is no Traytor and a Proclamation cannot make him a Traytor 20. The Testimony of convicted or protected Rebels Traytors Felons is no sufficient evidence in Law upon the Trial of any person for his life And the credit of the Testimonie of persons accused or impeached and not convicted of Felony or Treason ought to be left to the Jury who are sole Judges of the truth and validity of the said Testimony 21. The King grants Lands to be held in free and Common Soccage as of a Castle or Mannor by Letters Patents under the great Seal and by the same Letters Patents or by other Letters Patents grants a Fair and Market reserving a yearly Rent or sum without expressing any Tenure as to the said Fair or Market the said Fair or Market is not held by Knights-Service in Capite or otherwise in Capite FITZ GERALD's Edict manifesting the Cause of his Rebellion relating to fol 15. Edictum Illustrissimi Domini Jacobi Geraldini de Justitia ejus Belli quod Hibernia pro fide gerit SI ut bellum aliquod justè geratur tria requiruntur Causa Justa Potestas Legitima Legitimus belli administrandi Modus Haec tria in hoc Bello concurrere jam planum fiet Causa enim hujus belli est dei Gloria Cui externum Sacrificii cultum visibilem Sancti Altaris honorem ab Haereticis impiè ablatum nos restituendum curamus Gloria item Christi Cujus Sacramenta gratiam conferre cum Haeretici blasphemè negent Christi Evangelium ejusdem infirmitatis accusant ob quam lex reprobata fuit Gloria item Ecclesiae Catholicae quam contra Scripturarum veritatem Haeretici aliquot saeculis obscuram mundo ignotam fuisse mentiuntur At in Dei Nomine per Christi Sacramenta sanctificando
who shut up the said places and other passages and ways to his Majesties Justice and Mercy from his Majesties well-affected Subjects of this Kingdom for the Exaltation therefore of the holy Roman Catholick Church for the advancement of his Majesties Service and the preservation of the Lives Estates and liberties of his Majesties true Subjects of this Kingdom against the Injustice Murders Massacres Rapes Depredations Robberies Burnings frequent breaches of Quarter and publick Faith and destruction daily perpetrated and acted upon his Majesties said Subjects and advis'd contriv'd and daily exercis'd by the said malignant Party some of them managing the Government and Affairs of State in Dublin some other parts of this Kingdom to his Highness great disservice and complying with their Confederates the malignant Party in England and elsewhere who as it is manifest to all the world do complot and practice to dishonour and destroy his Majesty his Royal Consort the Queen their Issue and the Monarchal Government which is of most dangerous consequence to all the Monarchs and Princes in Christendom The said Assembly doth order and establish a Councel by name A Supream Council of the Confederate Catholicks of Ireland who are to consist of the number of 24. to be forthwith nam'd by the Assembly whereof 12 at the least to be forthwith nam'd shall reside in this Kingdom or where-else they shall think expedient And the members of the said Council shall have equal Votes and two parts of the three or more concurring present Votes to conclude and no fewer to sit in Council than 9 whereof 7 at least are to concur And of the 24 a President shall be nam'd of the Assembly who is to be one of the twelve resident and if in case of his death absence or sickness the rest of these who shall be resident may name a Vice-president of the 24. And the said Council shall have the Power and preheminence following viz. The Lords Generals and all other Commanders of Armies and Civil Magistrates and Officers in the several Provinces shall observe their Orders and Decrees and shall do nothing contrary to their directions and shall give them speedy advertisement and account of their proceedings and actions with as much expedition as may be That the said Council shall have power to order and determine all such matters as by this Assembly shall be left undetermined and shall be recommended unto them and their Orders therein to be of force until the next Assembly and after until the same be revoked That the said Council shall have Power and Authority to do and execute all manner of Acts and things conducing to the advancement of the Catholick Cause and the good of this Kingdom and concerning this VVar as if done by the Assembly And shall have power to hear and determine all matters Capital Criminal or Civil except the Right or Title of Land That the Generals and other Commanders of Armies and all Governors and civil Magistrates and all other persons within this Realm shall obey the Orders and Decrees of the said Council touching the present Service That the Council shall have for their Guard the number of 500 Foot and 200 Horse to be equally extracted out of the Armies of the four Provinces 5. Item It is further ordered and establish'd that in every Province of this Kingdom there shall be a Provincial-councel and in every County a County-councel the Provincial-councel to be compos'd of the number of two of each County and the said Provincial-councel shall chuse a President for themselves 6. That the Provincial-councel shall sit four times a Year and oftner if there be cause for it That they shall have power and Authority to renew or reverse the Judgment of the County-councel the party complaining entring Security De adjudicat ' solvend ' And shall during the trouble have power to hear and determine all matters of the Crown as Judges of Oyer and Terminer and Gaol-delivery were wont to do so that no Spiritual person be present at the determining matters of blood And shall have power to hear and determine all civil Causes and to establish Rents and Possessions so that they meddle not with the Title of Land other than in case of Dower and Joynture And the Sheriffs Provincial-generals and all Commanders of the Armies in case of Disobedience are respectively required to execute the Decrees and Orders And in case of Debts and Accounts great consideration is to be had of the disabilities of Creditors occasion'd by the VVar. 7. Item In every County there shall be a County-councel consisting of one or two of each Barony at the Election of the County and where there are no Baronies the Councel of such County to consist of the number of 12. And the said County-council shall have power and Authority in all points as Justices of the Peace to hear and determine all the matters concerning the Offices of the Justice of Peace and all matters of the Crown happening within every such County and the Delinquent may if he please have his Trial in the Province and to hear and determine Debts Trespasses and personal Demands and to do all things as Justices of the Peace were accustomed to do and to restore and establish possessions taken by force or fraud since these troubles And likewise to take a special care that Tenants and Farmers be kept to their Farms where they were used and to be preserv'd from Extortion and Oppression And that Trades Tradesmen Manufactures Agriculture and Husbandry be maintained and duly kept 8. Item In Cities and Towns Corporate Justice is to be done and the Laws executed as is accustomed 9. Item In every County there shall be Coroners High-Sheriffs High-Constables and petty-Constables and Gaolers who are to do their respective Offices as accustomed the High-Sheriff to be confirm'd or nominated by the Supream Council and the High-Sheriff is required to execute the Commands Orders and Decrees of the Provincial and County-council 10. Item In every County the High-Sheriff shall be Provost-Marshal and shall have power to execute a Layman not worth 5 l. and none other for Murther Man-slaughter Burglary Theft Robbery or other capital Offence provided the party to be executed may have 24 hours time to prepare his Soul And that the Supream and Provincial-council shall and may name more Provost-Marshals as they shall think expedient qualified with the like Authority 11. Item It is further order'd that no Temporal Government or Jurisdiction shall be assumed kept or exercised in this Kingdom or within any County or Province thereof during these troubles other than is before expressed except such Jurisdiction and Government as is or shall be approv'd by the General Assembly or the Supream Council 12. Item It is further order'd that whosoever hath enter'd since the first day of October 1641. or shall hereafter during the continuance of the War in this Kingdom enter into the Lands Tenements or Hereditaments at or immediately before the first day of
October either by himself or his Under-tenants or by receiving the Rents Issues or profits thereof shall immediately restore upon demand the said possession to the party or parties so put out with such reasonable damages as the Council-provincial shall think fit And if the party do refuse to restore the said possession as aforesaid upon the Demand of the party so put out his Heirs or Assigns made to the said possessor his Servants and Adherents in the Premisses or publication of this Order in the Parish where such Land lieth that upon his or their denial thereof or default therein he his Heirs and Assigns shall be for ever after debarr'd and secluded from all and every Right Title Interest or Demand which he or they make or pretend to all or any the said Lands Tenements Hereditaments And if after such Denial or Default made the said party his Heirs or Assigns shall not immediately restore the possession of the said Lands Tenements or Hereditaments so gain'd to the party griev'd his Heirs or Assigns That he they or his Adherents in the premises shall be declared and proceeded with as Enemies provided and so it is meant That if any of the parties so put out be declar'd a Neuter or Enemy by the Supream or Provincial-councel then the party who gain'd the possession as aforesaid shall give up the possession to such person or persons as shall be nam'd either by the said Council-provincial or Supream Council to be dispos'd of towards the maintenance of the general Cause upon the pain and penalty aforesaid And as for the Rents and mean profits of the said Lands Tenements and Hereditaments and all kind of Rents and the Goods or Chattels taken or detain'd from any Catholick as aforesaid due satisfaction is to be made for the same to the parties from whom the Rents Goods or Chattles were or shall be detain'd since these troubles begun as the Provincial and County-council shall respectively order 13. Item It is further ordered and established for the removal of evil disorder and enmity and to the end all Men may bend their thoughts and actions to the common Cause that all possessions of Lands and Hereditaments shall continue and remain unto such as have already join'd in this Union as they have been for three years past next before the beginning of these Troubles And that no Title of Lands shall be drawn into any Debate or Question until the next Assembly other than in case of Mortgages Leases and particular Estates de facto determin'd or determinable by Effluxion or other determination thereof 14. Item For the avoiding of National distinction between the Subjects of his Majesties Dominions which this Assembly doth utterly detest and abhor and which ought not to be endured in a well-govern'd Commonwealth It is ordered and established that upon pain of the highest punishment which may be inflicted by Authority of this Assembly that every Roman Catholick as well English Welsh as Scotch who was of that profession before the troubles and who will come and please to reside in this Kingdom and join in the present Union shall be preserv'd and cherish'd in his Life Goods and Estates by the Power Authority and force if need require of all the Catholicks of Ireland as fully and freely as any Native born therein and shall be acquitted and eas'd of one third part in three parts to be divided of publick Charges or Levies rais'd or to be rais'd for the maintenance of this holy VVar. 15. Item And it is further ordered and establish'd that there shall be no distinction or comparison made betwixt old Irish and old and new English or between Septs or Families or between Citizens and Townsmen and Countreymen joyning in union upon pain of the highest punishment that can be inflicted by any of the Councils aforesaid according to the nature and quality of the Offences and Division like to spring thence 16. Item It is further ordered and establish'd that all new Converts born in any of his Majesties Dominions or elsewhere without occasion given by the persons converted to the contrary and joyning in this Cause shall be accounted Catholick Natives to all intents and purposes 17. Item It is further ordered and establish'd that all Artificers Artizans Navigators and Mariners not being Denizens who shall please to reside in this Kingdom shall during their Residence in this Kingdom after such time as they and their Families shall be here setled have and enjoy the free liberty and priviledges of Natives in all respects 18. Item It is further ordered and establish'd that in regard of of the present Estate and condition of this Kingdom if any Catholick or Catholicks are admitted of or permitted to continue in the Inns of Court and to the end the laudable Laws of England may not die amidst the Disasters of these times one Inn of Court shall be erected in such a place of this Kingdom as to the Supream Council shall be thought fit for the training of the Gentry of this Kingdom to the knowledg of these Laws 19. Item It is further ordered and establish'd that no Lord Gentleman or any other person shall raise or keep any Company of Souldiers but such as shall be authoriz'd by the Supream Council Provincial-council or County-council or Magistrate within their own Corporate Towns And that the Statute against Sesse and Coin or Livery be duly put in execution And that no Company or Souldiers whatsoever shall be paid or reliev'd by the Countrey except such as are and shall be inrolled in the Marshal List And none shall be billeted but by the Constable 20. Item It is further ordered and establish'd for the advancement of Learning that in every Province of the Kingdom Free-Schools shall be erected and maintain'd so many and in such places and in such manner and form as by the Metropolitan of the Diocess in their respective Provinces shall be thought fit 21. Item It is further ordered and establish'd that the King's Customs Rents Revenues Arrears and Debts And the Rents Estates and profits of the Lands Hereditaments Goods and Chattels of the Enemies which are or shall be declared by the Provincial or Supream Council or by the General Council to be receiv'd and collected and be dispos'd for his Majesties use and service 22. Item It is further ordered and establish'd that Church-lands and Tithes impropriate in the Catholick-owners before these troubles and joyning in this Cause may be left to them according to their several Estates until the same be disposed of by Parliament they in the interim answering the Rents as accustomed 23. Item It is further ordered and establish'd that in every County there be Collectors and Receivers to be approved in the County-council for the same And that they be accountable to the County-council for the same which County-council shall be accountable to the Provincial-council therein half-yearly and the Provincial-council to the Supream-Council yearly to the end the same may not be conceal'd or
that in all likelihood he shall not live to come to that place the second time which we humbly conceive will be a great discouragement to any person of Honour and Fortune to serve your Majesty in that high Trust and for their purchasing Lands in that Kingdom your Majesty may be pleased to leave them to the Laws and punish them severely if they commit any offence or exercise any oppressions under colour of purchasing of any Lands or Estates whatsoever 15. Pro. That an Act may be passed in the next Parliament for the raising and setling of Trained-bands within the several Counties of that Kingdom as well to prevent foraign Invasion as to render them the more serviceable and ready for your Majesties service as cause shall require Answ. The having of Trained-bands in Ireland for the present cannot under favour be for your Majesties service or the safety of that Kingdom for that the Protestants by the said sad effects of the late Rebellion are so much destroyed that the said Bands must consist in effect altogether of the Confederates Catholicks and to continue them in Arms stored with Ammunition and made ready for service by Mustring and often Training will prove under colour of advancing your Majesties service against foraign Invasions a meer Guard and Power of the Popish Confederates and by force of Arms according to their late Oaths and Protestations to execute all their cruel designs for extirpation of the Protestant Religion and English Government both which they mortally hate however in cunning they dissemble it and to prevent the setling an Army of good Protestants without which your Maiesties good Subjects cannot live securely there 16. Pro. That an Act of Oblivion be passed in the next free Parliament to extend to all your Majesties said Catholick Subjects and their Adherents for all manner of Offences Capital Criminal and Personal and the said Act to extend to all Goods and Chattels Customs Mesne Profits Prizes Arrears of Rents taken received or incurred since these troubles Answ. We humbly pray that the Laws of force be taken into consideration and do humbly conceive that your Majesty in Honour and Justice may forbear to discharge or release any Actions Suits Debts or Interests whereby your Majesties Protestant Subjects who have committed no offence against your Majesty or your Laws should be barred or deprived of any of their legal remedies or just demands which by any of your Majesties Laws and Statutes they may have against the Popish Confederates who are the only Delinquents or any of their party for or in respect of any wrongs done unto them or any of their Ancestors or Predecessors in or concerning their Lands Goods or Estates since the contriving or breaking forth of the Rebellion the said Confederates having without provocation shed so much innocent Blood and acted so many Cruelties as cannot be parallel'd in any Story and we conceive it to be high presumption in them upon so weak grounds to propound an Act of Oblivion in such general terms some of the Confederates having been Contrivers or Actors of such cruel Murthers and other Acts of Inhumanity as cry to God and your Sacred Majesty for Justice and they having of your Majesties Revenues Customs Subsidies and other Rights of your Crown in their hands are disbursed by them to the value of two hundred thousand pounds and more 17. Pro. For as much as your Majesties said Catholick Subjects have been taxed with many inhumane Cruelties which they never committed your Majesties said Suppliants therefore for their vindication and to manifest to all the the world their desire to have all such hanious Offenders punished and the Offenders brought to Justice do desire that in the next Parliament all notorious Murthers breaches of Quarter and inhumane Cruelties committed of either side may be questioned in the said Parliament if your Majesty think fit and such as shall appear to be guilty to be excepted out of the said Act of Oblivion and punished according to their deserts Answ. We conceive this Proposition is made but for a Florish 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 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-Councillors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observations and experience of the affaires and State of Ireland are better able to give your Majesty more full and satisfactory Answers touching the premises then we can and conceiving that the Collection in Answer to the said Confederates Remonstrance which we humbly presented to your Majesty the 17th of the last Month of April may in many things give your Majesty more light then 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 After reading of which Propositions and Answers thereunto the King asked the Protestant Agents whether they had Answered unto the Rebels Propositions as they were to be granted by Him in Law and Justice and fit for the Security of the Protestants of Ireland or prudentially as the times were who humbly made Answer to his Majesty That they looked upon the Rebels Propositions as they appeared to them destructive to his Majesties Laws Government and Protestant Subjects of Ireland Then the Earl of Bristol said That if they asked what by Law and Justice was due from the Rebels their Answers were full But now the King expected from the said Agents what prudentially was fit for his Majesty to do seeing the Protestants were not in a Condition to defend themselves And that the King would not admit the Protestants to joyn with the new Scots or any other that had the Covenant To which the Agents conceived not fit to Answer more then what before in their Propositions and