Parliament in Ireland till the Eleventh Year of this King's Reign Sullivan 211. and that Sullivan himself brings this very Neal Garuff on the English side again Anno 1608. But to proceed Sir ARTHUR CHICHESTER was sworn Lord Deputy on the Third of February 1604. and soon after establish'd a new Circuit for Judges of Assize for the Province of Connagh 1604. and retrived the Circuit of Munster Davis 265. which had been discontinued for Two hundred Years It must be observed That until this time the Papists generally did come to Church and were called Churchâ—Papists but now the Priests began to be seditious and did not only scandalize the Publick Administration of Affairs but also took upon them to review and decide some Causes that had been determin'd in the King's Courts and to oblige their Votaries on pain of Damnation to obey their Decision and not that of the Law they did also forbid the People to frequent the Protestant Churches and they publickly rebuilt Churches for themselves and erected or repaired Abbies and Monasteries in several Parts of the Kingdom and particularly at Multifernam in the County of Westmeath Killconell in the County of Gallway Rossariell in the County of Mayo Buttivant Kilkrea and Timoleague in the County of Cork Quin in the County of Clare Garinlogh in Desmond and in the Cities of Waterford and Kilkenny Sullivan 206. Intending says Mr. Sullivan to restore the Splendor of Religion And as many as pleased sent their Children to Foreign Seminaries without control And perhaps all this might have passed if they had not as foolishly as impudently publish'd every where and in all Companies That the King was of their Religionâ— 1605. But then the Government was necessarily obliged for the Vindication of his Majesty and to prevent the Growth of Popery and suppress the Insolence of the Papists to publish a Proclamation on the Fourth of July 1605. commanding the Popish Clergy to depart the Kingdom before the Tenth of December following unless they would conform to the Laws of the Land But this Proclamation being too faintly executed as Laws against Popery have hitherto always been produced more Noise than Effect so that it did little service in Ireland and yet furnished the Irish Papists with matter of Complaint beyond Seas where they usually make a great Clamour for a small Matter But on the Fifth of November was discovered the Damnable Popish Plot well known in England by the Name of The Gunpowder Treason the Design of it was to blow up at once the King the Nobility and the Principal Gentry of that Kingdom then assembled in Parliament The Papists did for some time with great Artifice and Confidence impose upon the World that this was a Plot of Cecill's making but finding at length that that Cobweb Pretence was too thin and was easily seen through they laid the blame upon a few desperate Villains as they always do when the Fact is too notorious to be denied But now that Matter is pretty well setled by the Confession of * Wilson Hist of K. James p. 32. Weston of the Earl of Castlehaven the Lord Stafford and Peter Walsh This Year the barbarous Customs of Tanistry and Gavelkind were abolish'd by Judgment in the King's Bench Davis's Reports and the Irish Estates thereby made descendible according to the Course of the Common Law of England and the City of Cork and the Liberties thereof were separated from the County of Cork and made a distinct County of it self reserving nevertheless Places in the City for a Gaol and a Court-house for the County at large In the Year One thousand six hundred and six 1606. the famous Robert Lalor Vicar-General of Dublin and other Diocesses in Leinster for disobedience to the aforesaid Prolamation was apprehended in the City of Dublin it being the Custom of these Ecclesiastical Spies to lurk about the Metropolis of every Kingdom he was in Michaelmaâ— Term indicted upon the Statute of 2 Eliz. cap. 1. for advancing and upholding Foreign Jurisdiction within this Realm but he humbled himself to the Court and voluntarily and upon Oath on 22d December 1606. made a Recognition in haec verba First He doth acknowledge that he is not a lawful Vicar General in the Diocess of Dublin Kildare and Fernes and thinketh in his Conscience that he cannot lawfully take upon him the said Office Item He doth acknowledge our Soveraign Lord King James Davis Rep. 83. that now is to be his Lawful Chief and Supream Governor in all Causes as well Ecclesiastical as Civil and that he is bound in Conscince to obey him in all the said Causes and that neither the Pope nor any other Foreign Prelate Prince or Potentate hath any Power to controll the King in any â—ause Ecclesiastical or Civil within this Kingdom or any of his Majesties Dominions Item He doth in his Conscience believe that all Bishops ordained and made by the Kings Authority within any of his Dominions are lawful Bishops and that no Bishop made by the Pope or by any Authority derived from the Pope within the Kings Dominions hath any Power or Authority to impugne disannul or controll any Act done by any Bishop made by his Majesties Authority as aforesaid Item He professeth himself willing and ready to obey the King as a good and obedient Subject ought to do in all his lawful Commandments either concerning his Function of Priesthood or any other Duty belonging to a good Subject Upon this Confession he was indulged with more Liberty and the free Access of his Friends and would undoubtedly have been enlarged the next Term if he had not privately denied what he had publickly done protesting that his Confession did not extend to the Kings Authority in Spiritual Causes but in Temporal only this being told to the Lord Deputy it was resolved to try him upon the Statute of 16. R. 7. cap. 5. of Premunire and it was discreetly done rather to Indite him upon that than upon any new Statute made since the Reformation Davis Rep. 85. that the Irish might be convinc'd That even Popish Kings and Parliaments thought the Pope an Usurper of those exorbitant Jurisdictions he claim'd and thought it inconsistent with the Loyalty of a good Subject to uphold or advance his unjust and unreasonable Incroachments on the Prerogative of the King and the Priviledge of the Subject which tended to nothing less then to make our Kings his Lacquies our Nobles his Vassals and our Commons his Slaves and Villains Upon this Indictment he was tryed and found Guilty and upon his Tryal his aforesaid Recognition which he made upon Oath was publickly read which netled him exceedingly and the rather because he was asked whether he had not denied this Confession to some of his Friends to which he answered that he had not but only told some of them that he had not own'd the Kings Supremacy in Spiritual Causes which he said was true for the word
inconveniencies the Supremacy of Rome and take away or much endanger your Majesties supream and just Authority in Causes Ecclesiastical Administration of Honour and Power not to be endured the said Acts extending as well to seditious Sectaries as to Popish Recusants so as by the Repeal thereof any Man may seem to be left to chuse his own Religion in that Kingdom which must needs beget great Confusion and the abounding of the Roman Clergy hath been one of the greatest Occasions of this late Rebellion Besides it is humbly desired that your Majesty will be pleased to take into your gracious Consideration a Clause in the Act of Parliament passed by your Majesties Royal Assent in England in the 17 th year of your Reign touching Punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Prop. That your Majesty will be pleased to call a free Parliament in the said Kingdom to be held and continued as in the said Remonstrance is expressed and the Statute of the Tenth Year of King Henry the Seventh called Poyning'â— Acts explaining or enlarging the same be suspended during that Parliament for the speedy Settlement of the present Affairs and the Repeal thereof to be there further considered of Answ Whereas their desire to have a free Parliament called reflecteth by secret and cunning Implication upon your Majesties present Parliament in Ireland as if it were not a free Parliament We humbly beseech your Majesty to represent how dangerous it is to make such insinuation or intimation to your People of that Kingdom touching that Parliament wherein several Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of high Nature as we humbly conceive is not properly to be discussed but in Parliament and your Majesties said Parliament now sitting is a free Parliament in Law holden before a Person of Honour and Fortune in the Kingdom composed of good loyal and well-affected Subjects to your Majesty who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the true Protestant Religion and for your Majesties Service and the good of the Church and State that if this present Parliament should be dissolved it would be a great Terror and Discontent to all your Majesties Protestant Subjects of the Kingdom and may be also a means to force many of your Majesties Subjects to quit that Kingdom or peradventure to adhere to some other party there in opposition of the Romish Irish Confederates rather than to be liable to their Power which effects may prove of most dangerous Consequence And we humbly offer to your Majesties Consideration your own gracious Expression mentioned in the Grounds and Motives inducing your Majesty to agree to a Cessation of Arms for one whole Year with the Roman Catholicks of Ireland Printed at Oxford the Ninteenth of October 1643. And let all our good Subjects be assured that as we have for these reasons and with Caution and Deliberation consented to the Proposition to peace and to that purpose do continue our Parliament there so we shall proceed in the accomplishing thereof with that Care and Circumspection that we shall not admit even Peace it self otherwise than it may be agreeable to Conscience Honour and Justice We also humbly desire that such Laws as your Majesty shall think fit to pass may be transmitted according to Poyning's Law and other Laws of Explanation thereof or of Addition thereunto now in force with great Contentment and Security to your Majesties Protestant Subjects but if the present Parliament be dissolved we humbly represent unto your Majesty that so many of your ablest and best Protestant Subjects have been murthered or banished by this Rebellion that few or no Protestant Freeholders will be found in the Countries Cities or Boroughs to elect and chuse Knights Citizens or Burgesses which will be most dangerous to your Majesties Rights and Prerogatives and good Subjects and may beget great disputes in After-times for the repealings of Poyning's Acts notwithstanding their seigned Expressions of their Loyalty yet it plainly appeareth they do not repose such Trust in your Majesties Justice as becomes Loyal Subjects to do and such they pretend themselves to be for that they seek thereby to prevent your Majesty and your Council of England and Ireland of so full a View and Time of Mature Consideration to be had of Acts of Parliament of Ireland before they pass as in prudence is requisite and hath been found necessary by the Experience of well near Two Hundred Years and if their intentions were so clear as they profess we know not why they should avoid the strictest View and Trial of your Majesty and your Councils of both Kingdoms this their desire tending to introduce a grand Diminution to the royal and necessary Power for the Conservation of your regal State and Protection of your good Protestant Subjects there and elsewhere and what special use they aim at in seeking such a repeal your Protestant Subjects as they know not the particular so can they conjecture of none unless the said Confederates have some design by way of surprize to obtrude upon your Majesty in their new desired Parliament some Acts of Justification of their ill-done Actions and for condemning such of your Protestant Subjects as have in their several Degrees most faithfully served your Majesty there which we the rather believe seeing they have vowed by their Oath of Association and the Bull lately published in Ireland since the Cessation the Destruction of the Protestants there when they have the Sword in their hands to put the same in Execution 3. Prop. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the Seventh Day of August 1641. be clearly annulled and declared void and taken off the File Answ We humbly desire that they particularize those Orders and Ordinances which may prejudice your Majesties Service for we are well assured that the Parliament now sitting in Ireland on Signification of your Majesties Pleasure therein will give your Majesty full satisfaction or repeal any unjust Orders or Ordinances whatsoever which may be prejudicial to your Majesty And there may be some Orders or Ordinances which may concern particular Persons in their Lives Liberties or Fortunes that may suffer unheard by the admitting of so general a Proposition which is meerly proposed as we humbly conceive to put a Scorn upon your Majesties Parliament now sitting there and to discourage your Protestant Subjects who have faithfully served your Majesty in that Parliament 4. Prop. That all Indictments Attainders Outlawries in the King's-Bench or elsewhere since the said Seventh Day of August 1641. and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all other Records Act or Acts depending thereon or in prejudice of the said Catholicks
Confederates and that Goods recovered he restored to the right Owners and that all who assist or favour the Enemies or stand Neuter be Excommunicated and that all Invaders of any Irishman's Property be Excommunicated and that those Excommunicated shall be excluded from Confession and Sacrament and that Importers or Makers of Arms Powder c. shall pay no Taxes and that in the next Congregation Embassadors be appointed to be sent to the Pope the Emperor and the Kings of France and Spain and that a Clergyman or a Lawyer be of the Quorum in every Embassie and that part of the Church-Livings be given to the Clergy and the rest to support the War and that Two Confessors and One Preacher be appointed for every Regiment c. And afterwards viz. on the Twenty fourth of October there was a General Assembly of the Lords Spiritual and Temporal and others the Representatives of the Confederates at Kilkenny and they likewise made many Ordinances mention'd at large Burlace Appendix 8. which are to this effect That the Popish Church in Ireland shall enjoy all Privileges according to Magna Charta and that the Common Law of England and all Statutes not inconsistent with the Freedom of Religion and the Liberty of the Subject be of force That Allegiance shall be continued to the King and His Prerogatives supported That the Law shall be executed as well as the Circumstance of War and the Absence from Dublin will permit That a Supreme Council of Twenty four be establish'd whereof Twelve constantly to reside and One of them to be President and Nine to be a Quorum of which Seven must concur to make any Vote obligatory and if a greater Number be present Two thirds must agree This Council shall have Authority over all Officers Civil and Military shall name Sheriffs Supreme Provost-Marshals c. and may do any thing for the Advantage of the Cause and determine Causes Capital and all other Matters except Title of Land and shall have a Guard of Five hundred Foot and Two hundred Horse That there be also Provincial and County Councils the former may receive an Appeal from the latter and may try Causes as Judges of Assize and Gaol-delivery use to do but must not meddle with Title of Land except Dowers and Jointures And the County Council shall have the Power of Sessions of Peace and an additional Authority to determine Personal Actions That the Sheriff in every County be Provost-Marshal and may execute any Man not worth Five pounds for any Capital Offence giving the Offender Twenty four Hours time to prepare his Soul And 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 or Government as is or shall be approved by the General Assembly or the Supreme Council And that every body quit the Possessions he hath wrongfully gotten and to avoid Debate that all Estates continue as they were possess'd for Three years last past unless the Title be determin'd or redeem'd and that to avoid all Distinction of Nation any British Papist that was so before this War and will come and reside in Ireland shall be privileg'd in a Third part of the Publick Taxes And that no Distinction or Comparison be made between Nations Provinces or Towns and that all New Converts be esteemed as Catholick Natives and that an Inn of Court be erected here and that Cess and Coyn and Livery be punish'd And no Soldiers shall be paid or relieved by the Country but such as are in the Marshal's List and none to be Billetted but by the Constable And that Free-Schools be erected in every Province And that the King's Revenue and the Enemies Rents be collected and dispos'd of by the Provincial or Supreme Council for His Majesty's Use and Service And that Popish Impropriators may retain their Tythes till that Matter be setled in Parliament And that there be Collectors of Publick Money in every County And that the Popish Wife of an Enemy shall have her Jointure and sue and be sued as if her Husband were naturally dead ☞ And that the Possessions of the Protestant Clergy in Right of the Church shall be deemed the Possessions of the Catholick Clergy And that no Man imprison'd by one Council shall be inlarg'd by another And that no Protection be given to the Enemy or their Servants with-without special Order That Merchants and their Ships be protected in their Importations and that Commissioners be appointed in every Port to view the Arms and Ammunition that shall be imported and to certifie the same to the Supreme Council That Fugitive Soldiers be sent to their respective Commanders That the Estates of Neuters and Enemies do first pay their Debts to any of the Confederates before any of it be put into the Publick Stock and that no Soldier meddle with an Enemies Lands or Goods without Order And lastly That the * * Append. 14. Oath of Association be taken solemnly after Confession and the Sacrament in the Parish-Church and the Names of all Persons of Rank and Quality that take the same to be enroll'd The Assembly did also 25 October order Proclamation to be made to invite all the Adherents of the English of what Nation soever to come from them over to the Confederates by the Last of November and 27 October they ordered a Seal to be made and 28 October they appointed a Committee to inquire how Money and Ammunition come from Foreign Parts hath been disposed of and that Mr. Baron bring in Writing the Propositions and Messages from Foreign Parts to him committed by the Pope's Nuncio and others and 29 October they appoint Auditors of the Account of Moneys received and what hath been made of Protestants Rents Goods or Chattels and that the Enemy be not called Protestants or English but the Puritanical or Malignant Party and 30 October they order That no Man be privileg'd from Contributing to the Maintenance of the Catholick Army On the First of November they appointed the Lords of Castlehaven and Gormanstown Doctor Fennell Colonel Dermond O Bryan Sir Lucas Dillon Sir Phelim O Neal Thomas Burk Richard Martin Feigh O Flin Richard Beling Adam Cusack James mac Donell Patrick Crelly Rory Macguire Patrick Darcy and all the Lawyers to prescribe a Form of Government And 2 November they order Philip Hore to Account for 120 l. received of the Gentry of the County of Dublin to buy Arms And 4 November That the Prelates enjoyn the Priests to administer the * * Append. 14. Oath of Association to every Parishioner and to take his Subscription thereunto And 11 November That the Supreme Council shall manage the Admiralty And 13 November That the next Assembly shall be on the Twentieth of May next unless the Supreme Council find cause to convoke it sooner and that Thirty thousand Pounds be levied on Leinster by
Protestant Subjects And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants may continue of Force and be put in due Execution 3. That Restitution be made of all our Churches and Church Rights and Revenues and all our Churches and Chappels re-edified and put in as good Estate as they were at the breaking out of the Rebellion and as they ought to be at the charge of the Confederate Roman-Catholicks as they call themselves who have been the occasion of rhe Deftruction of the said Churches and possessed themselves of the Profits and Revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdom and that all Persons duly Indicted in the said Kingdom of Treason Felony or other Heinous Crimes may be duly and legally Proceeded against Outlawed Tryed and Adjudged according to Law and that all Persons lawfully Convicted and Attainted or to be Convicted and Attainted for the same may receive due Punishment accordingly 5. That no man may take upon him or execute the Office of a Mayor or Magistrate in any Corporation or the Office of a Sheriff or Justice of Peace in any City or County in the said Kingdom until he have first taken the Oaths of Supremacy and Allegiance 6. That all Popish Lawyers who refuse to take the Oath of Supremacy and Allegiance may be Suppressed and Restrained from Practice in that Kingdom the rather because the Lawyers in England do not here practise until they take the Oath of Supremacy and it hath been found by Woful Experience that the Advice of Popish Lawyers to the People of Ireland hath been a great cause of their continued disobedience 7. That there may be a present absolute Suppression and Dissolution of all the Assumed Arbitrary and Tyrannical Power which the said Consederates exercise over your Majesties Subjects both in Causes Ecclesiastical and Temporal 8. That all the Arms and Ammunition of the said Confederates be speedily brought into your Majesties Stores 9. That your Majesties Protestant Subjects Ruined and Destroyed by the said Confederates may be Repaired for their great Losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise disposed of whereby they may the better be enabled to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may Rebuild the several Plantation-Houses and Castles Destroyed by them in Ireland in as good state as they were at the breaking out of the Rebellion which your Majesties Protestant Subjects have been bound by their several Patents to Build and Maintain for your Majesties Service 11. That the great Arrears of Rent due to your Majesty out of the Estates of your Majesties Protestant Subjects at and since Michaelmas 1641 may be paid unto your Majesty by such of the Consederates who have either received the said Rents to the uses of the said Confederates or destroyed the same by disabling your Majesties Protestant Subjects to pay the same and have also destroy'd all or the most part of all other Rents or means of support belonging to your said Protestant Subjects And that your said Protestant Subjects may be discharged of all such Arrears of Rents to your Majesty 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion and that such Commanders as have raised Forces at their own charges and laid forth great Sums of Money out of their own Purses and engaged themselves for Money and Provisions to keep themselves their Holds and Soldiers under their Commands in the due necessary defence of your Majesties Rights and Laws may be in due sort satisfied to the encouragement of others in like times and cases which may happen 13 That touching such parts of the Confederate Estates as being forfeited for their Treasons are come or shall duly come into your Majesties Hands and Possession by that Title your Majesty after the due satisfaction first made to such as claim by former Acts of Parliament would be pleased to take the same into your own Hands and Possession And for the necessary encrease of your Majesties Revenue and better security of the said Kingdom of Ireland and the Protestant Subjects living under your Gracious Government there to plant the same with British and Protestants upon reasonable and honourable Terms 14. That one good Walled Town may be Built and kept Repaired in every County of the said Kingdom of Ireland and Endowed and Furnished with necessary and sufficient means of Legal and Just Government and Defence for the better security of your Majesties Laws and Rights more especially the true Protestant Religion in time of danger in any of which Towns no Papist may be permitted to Dwell or Inhabit 15. That for the better satisfaction of Justice and your Majesties Honour and for the future Security of the said Kingdom and your Majesties Protestant Subjects there exemplary Punishment according to Law may be inflicted upon such as have there Traiterously Levied War and taken up Arms against your Majesties Protestant Subjects and Laws and therein against your Majesty especially upon such as have had their hands in the shedding of Innocent Blood or had to do with the First Plot or Conspiracy or since that time have done any notorious Murder or Overt Act of Treason 16. That all your Majesties Towns Forts and places of Strength destroyed by the said Confederates since the said Rebellion may be by them and at their Charges Re-edified and delivered up into your Majesties hands to be duly put into the Government under your Majesty and your Laws of your good Protestants and that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion may be slighted and thrown down or else delivered up and disposed of for Protestant Government and Security as aforesaid 17. That according to the Presidents of former times in cases of general Rebellions in Ireland the Attainders which have been duly had by Outlawry for Treason done in this Rebellion may be established and confirmed by Act of Parliament to be in due form of Law transmitted and passed in Ireland and that such Traitors as for want of Protestant and indifferent Jurors to Indict them in the proper County are not yet Indictd not Convicted or Attainted by Outlary or otherwise may upon due proof of their Offences be by like Acts of Parliament Convicted and Attainted and all such Offenders forfeit their Estates as to Law appertaineth and your Majesty to be adjudged and put in possession without any Office or Inquisition to be had 18. That your Majesties Protestant Subjects may be restored to the quiet Possession of all their Castles Houses Mannors Lands Tenements Hereditaments and Leases and to the quiet possession of the Rents thereof as they had the same before and at the time of the breaking forth of this Rebellion and from whence
continue free Traffick and Commerce with all his Majesties good Subjects of England and that we will not in the least manner prejudice any of them that shall have recourse to our Harbours either in their Bodies Ships or Goods nor shall we take any thing from them without payment of ready mony for the same And now that by his Majesties said Command we have proceeded to re-enter upon the work of his service in this Province we conceive no higher Testimony can be be given of his Majesties acceptation or of the estimation we bear about us towards their proceeding than by resorting unto them in person with his Majesties Authority and exhibiting unto them the incouragement and satisfaction they may receive in this assurance that as we bear an especial regard to their present undertakings and performances accompanied with a real sense of their former sufferings so least there should any advantage be derived unto those who endeavour to improve all opportunities of sowing sedition and distrust by this suggestion that the former differences in judgement and opinion which have induced persons to serve diversly under his Majesty and the Parliament will occasion prejudice or ill resentments to arise towards such Persons as have not formerly concurred in judgment with others in his Majesties service We do declare that we are qualified with special Power and Authority from his Majesty to assure them that no distinction shall be made in any such consideration but that all persons now interested and engaged in this cause shall be reflected upon with equal favour and regard and that we shall make it our endeavours so to improve and confirm his Majesties Gracious disposure towards them as that we will never call to memory any past difference in Opinion Judgment Action or Profession to the prejudice of any Member of this Army or any person relating to it but on the contrary shall be very ready to attest our good affections towards them in the discharge of such good Offices as shall be in our power in return whereof we shall only expect their perseverance in their present ingagements for his Majesties service with such alacrity constancy and affection as may suit with their late publick Declaration and Professions To whom we desire this assurance also may be inculcated that as we shall in the future use our utmost care and diligence to provide for their preservation from the like hardships to those they have formerly undergone so we have already employed our best industry and endeavours for the settlement of such a course as we may with most reason hope will in these uncertain times produce a constant and competent subsistence for them enabling them to make such a progress in their present undertakings as may with the accomplishment of the great ends thereof establish their own Honour and content Thus much we have thought fit to publish unto the world to furnish it with an evidence of strong conviction against us if we ever swerve to the best of our power from the just ways of maintaining the true Protestant Religion the Honour and Interest of his Sacred Majesty the just Rights of Parliament the Liberties of the Subjects and the safety quiet and wellfare of the people instrusted to our Care At Cork 6 Octob. 1648 Append. XLIII Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General of his Majesties Kingdom of Ireland for and on the behalf of his most Excellent Majesty by vertue of the Authority wherewith the said Lord Lieutenant is instrusted on the one part And the General Assembly of the Roman Catholicks of the said Kingdom for and on the behalf of His Majesties Roman Catholick Subjects of the same on the other part HIs Majesties Roman Catholick Subjects as thereunto bound by allegiance duty and nature do most humbly and freely acknowledge and recognize their Soveraign Lord King Charles to be lawful and undoubted King of this Kingdom of Ireland and other his Highness ' s Realms and Dominions And his Majesties said Roman Catholick Subjects appreheuding with a deep sence the sad condition where unto His Majesty is reduced As a farther testimony of their Loyalty Do declare that they and their posterity for ever to the utmost of their power even to the expence of their blood and fortunes will maintain and uphold His Majesty His Heirs and lawful Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience Of which faithful and loyal recognition and declaration so seasonablly made by the said Roman Catholickes His Majesty is graciously pleased to accept and accordingly to own them His loyal and dutiful Subjects And is further graciously pleased to extend unto them the following graces and securities 1. IMprimis It is concluded accorded and agreed upon by and between the said Lord Lieutenant for and on the behalf of His most Excellent Majesty and the said General Assembly for and on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be enacted by Act to be passed in the next Parliament to be held in this Kingdom that all and every the Professors of the Roman Catholick Religion within the said Kingdom shall be free and exempt from all Mulcts Penalties Restraints and Inhibitions that are or may be imposed upon them by any Law Statute Usage or Custom whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise enacted that the said Roman Catholicks or any of them shall not be questioned or molested in their Persons Goods or Estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any Power Authority Statute Law or Usage whatsoever And that it shall be further enacted That no Roman Catholick in this Kingdom shall be compelled to exercise any Religion Form of Devotion or Divine Service other than such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their Persons Goods or Estates for not observing using or hearing the Book of Common-Prayer or any other Form of Devotion or Divine Service by vertue of any Colour or Statute made in the second Year of Queen Eliz. or by vertue or colour of any other Law Declaration of Law Statute Custom or Usage whatsoever made or declared or to be made or declared And that it shall be further enacted that the Professors of the Roman Catholick Religion or any of them be not bound or obliged to take the Oath commonly called the Oath of Supremacy expressed in the Stat. of 2 El. c. 1. or in any other Statute or Statutes And that the said Oath shall not be tendered unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of
the common sort are not only capable but also very apt to learn any thing that is taught them so that I do impute the Ignorance and Barbarity of the Irish meerly to their evil Customs which are so exceeding bad Davis 150. that as Sir John Davys says Whoever use them must needs be Rebels to all good Government and destroy the Commonwealth wherein they live and bring Barbarism and Desolation upon the Richest and most fruitful Land in the World But the Irish Capacities are not to be questioned at this Day since they have managed their Affairs with that dexterity and Courage that they have gotten the whole Kingdom of Ireland into their Possession and by wheedling some and frightning others they have expelled the Body of the English out of that Island However let us not be dismaid for they are but the same People our Ancestors have so often triumphed over and although they are not to be so contemned but that we may expect they will make one good Effort for their Estates and Religion yet we may still depend upon it That their Nature is still the same and not to be so changed but that they will again vail their Bonnets to a victorious English Army AN EPITOME OF S R WILLIAM PETTY'S LARGE SURVEY OF IRELAND Divided into its 4 Provinces 32 Counties and the Counties into Their Several Barronies wherein are Distinguished y e Archbishopricks Bishopricks Citty 's Places that Return Parliament Men. also the Roads Bogs and Bridges By Phillip Lea At the Atlas and Hercules in Cheapside near Fryday Street LONDON The History of IRELAND From The Conquest Thereof By the ENGLISH to this Time By RICHARD COX Esq r Printed For JOSEPH WATTS at y e Angell in S t Pauls Church Yard THE REIGN OF Henry Plantagenet FITZ-EMPRESS Conqueror and Lord of IRELAND HENRY the Second of that Name King of England a Brave and Powerful Prince ambitious of Glory and the Enlargment of his Empire cast his Eye upon Ireland as a Country most easie to subdue and of great Advantage to him when conquered There were not wanting some Learned Men who affirmed The King had very fair Pretences if not good Title to that Island Speed 472. for besides the Conquests which the Kings Arthur and Edgar had formerly made there Spencer's view 33. they alledged That it was by Leave of the British King Gurgunâ—â—s Campion 26 28. and under Stipulations of Tribute that the Irish were first permitted to settle themselves in that Kingdom Besides the first Inhabitants of Ireland were Britains and those People which the Irish Historians call Fir-bolg and Tuah de Danan i. e. Vir Belgus i. e. Populus Dannonius were no other than the Belga and Dannonit Ancient Inhabitants of England To which might be added That Bayon from whence the Irish pretend to come Lib. P. Lambeth 153. was part of the Kings Dominion So that either Way his Majesty was their natural Prince and Sovereign But however that were yet the King had 〈◊〉 cause of War against the Irish because of the Pyracies and Outrages they daily committed against his Subjects and the barbarous Cruelties they exercised on the English whensoever they fell into their Power buying and selling them as Slaves and using Turkish Tyranny over their Bodies Speed 473. so that the Irish themselves afterwards confessed That it was just their Land should be transfer'd to the Nation they had so cruelly handled Wherefore the King as well to revenge those Injuries as to recover that Kingdom put on a Resolution to invade it But first it was necessary to consult the Pope in that Matter because he pretended no less than three Titles to Ireland First the Universal Patent of Pascâ— Oves which by their Interpretation was Synonimous to Rege Mundum Lib. P. Lambeth 48. Secondly the Donation of Constantine the Great whereby the Holy See was entituled to all the Islands of the Ocean Thirdly The Concession of the Irish Ibid. 154. on their Conversion to Christianity by which they granted the Temporal Dominion of their Country unto S. Peter's Chair And tho' the Answers to these Frivolous Pretences were easie and obvious viz. to the First That whatsoever Spiritual Jurisdiction was given by those Words yet our Saviour's Kingdom not being of this World it is certain no Temporal Dominion is granted thereby And to the Second That Constantine had never any Right or Possession in Ireland and therefore could not give to another what he had not himself And to the Third That the Allegation is false and the Popes had never any Temporal Dominion in Ireland but the same remain'd under their own Native Kings and Monarchs But this Forgery is yet more manifest Because the Irish were not converted by any Emissaries from Rome as appears by the Ancient Difference between the Churches of Ireland and Rome in some Baptismal Rites and the Time of celebrating the Feast of Easter Nevertheless the Pope's Licence in those Superstitious Times would create Reputation especially with the Clergy and his Benediction would as they fancied facilitate their Success and therefore it was thought fit That the King should send his Embassador John Salisbury to the Pope 1156. Sullevan 59. who was by Birth an Englishman and by Name Adrian IV. And how fond soever the Holy See doth now pretend to be of Ireland since the English Government and Industry have rendred it considerable 't is certain the Pope so little regarded it at that time when he received but small Obedience and less Profit from it that he was easily prevailed with to issue the following Bull. ADrian the Bishop Hanmer 107. the Servant of the Servants of God to his most dear Son in Christ the Noble King of England sendeth greeting and Apostolick Benediction Your Magnificence hath been very careful and studious how you might enlarge the Church of God here in Earth and encrease the Number of his Saints and Elect in Heaven in that as a good Catholick King you have and do by all means labour and travel to enlarge and increase God's Church by teaching the Ignorant People the True and Christian Religion and in abolishing and rooting up the Weeds of Sin and Wickedness And wherein you have and do crave for your better Furtherance the Help of the Apostolick See wherein more speedily and discreetly you proceed the better Success we hope God will send for all they which of a fervent Zeal and Love in Religion do begin and enterprize any such thing shall no doubt in the End have a Good and Prosperous Success And as for Ireland and all other Islands where Christ is known and the Christian Religion received it is out of all doubt and your Excellency well knoweth they do all appertain and belong to the Right of S. Peter and of the Church of Rome and we are so much the more ready desirous and willing to sow the acceptable Seed of God's Word because we know
the Crane in Dublin and did much harm On the seventh of May the Deputy made another journey into Pheagh Mac Hugh's Country 1597 and on the eighth had the good fortune to kill that Arch Rebel Ibid. and to take a Prey of 200 Cows which were divided amongst the Soldiers But the Queen believing that her Affairs were prejudiced by the disagreement between the Deputy and the General did at his own Request revoke the Lord Deputy and to supply his Place sent over Thomas Lord Burrough Lord Deputy who landed on the 15th of May and received the Sword in St. Patrick's Church on Sunday the 22d Camb. Eliz. 543. he had supreme Authority in Martial as well as Civil Causes and immediately ordered General Norris to his Presidency of Munster which Affront together with the Disappointment of the chief Government which he knew he merited and earnestly expected and the many baffles Tyrone had put upon him broke his Heart The Lord Deputy amongst other Instructions had charge to enquire what English Undertakers had ☜ contrary to their Covenants suffered Irishmen to inhabit their Lands and to enquire into the Earl of Glancar's Estate which for want of Heirs Males was devolved to the Crown After a Month's Truce with Tyrone the Deputy marched to Vlster where the Crown retained only Newry Knockfergus Greencastle Armagh Dundrum and Olderfleet Connaugh was likewise in Rebellion and so were some of the Butlers in Munster The Deputy met some opposition at a Pass near Armagh but he gallantly forced his way and thereby was convinced that the Irish would run if resolutely assaulted he soon took the Fort of Blackwater and garison'd it with English but whilst they were giving thanks to God for this Victory they were called from Prayers to Arms upon the appearance of the Irish Forces with whom they skirmished successfully yet so as that the Deputy's Brother-in-Law Vaughan and several others were slain and particularly two Foster-brothers of Henry Earl of Kildare for grief whereof the Earl soon after dyed Clifford Governour of Connaugh was ordered to advance with the Forces of his Province to the borders of Vlster wherefore with 700 old Soldiers he attempted it bravely but being opposed by a numerous Enemy he nevertheless made a gallant retreat above 30 Miles and in the face of 2000 Rebels without any considerable loss Upon the Lord Deputy's return towards the Pale the Earl of Tyrone immediately besieged the Fort of Blackwater and the Deputy as nimbly marched to its relief and having raised the Siege he designed to march to Dungannon and so to clear the way thither that on any occasion the Army might march that way but he fell 〈◊〉 and was forced to return and dyed in the way to Dublin and Sir Thomas Norris President of Munster was provisionally made Lord Justice on the 30th of August but he being melancholy at the death of his Brother soon grew weary of the Office and at his Request the Government was committed to Adam Loftus Lord Chancellour and Archbishop of Dublin and Sir Robert Gardiner Lord Chief Justice Lords Justices who were sworn on the 15th of November and the same day the Council gave in writing an account of the State of the Kingdom and concluded that it was an universal Irish Rebellion intended to shake off all English Government The Earl of Ormond was made Lieutenant General of the Army and he was to have 100 Marks per mensem and 30 Horse and 30 Foot and the Lords Justices were to have 33 l. 6 s. 8 d. per mensem and 20 Horse and 20 Foot equally divided between them The Earl of Ormond upon application made to him by Tyrone procured a Commission to himself the Bishop of Meath and Secretary Fenton to treat with that Rebel and on the 22d day of December they met at Dundalk and agreed to a Cessation for eight weeks on Tyrone's engagement to furnish the Fort of Blackwater with 50 Bieves and to give the Garison liberty of Forage and other Articles recited at large Morison 22. On the 18th of February O Rourk submitted to the Lieutenant General and subscribed the Agreement likewise mentioned at large Morison 22. and on the 15th of March Ormond proposed to Tyrone 13 Conditions of Pardon mentioned Morison 23. to most of which he agreed but because O Donell and some others did not appear that matter was adjourned to the 10th of April in the mean time the Pardon was drawn and bears date the 11th of April but I do not believe that Tyrone ever came for it both because he was Anno 1600. outlawed on the former Indictment and because he immediately relapsed into his former Disloyalties and not only sent aid to Phelim mac Feagh but also laid close Siege to the Fort of Blackwater but the defence made by Captain Thomas Williams was so considerable that Tyrone despair'd of effecting his design by Force and therefore resolved to starve them and indeed they were reduced to great necessity when in August Marshal Bagnall with 14 Ensigns of Foot and a choice Party of Horse was sent to relieve them The Rebels Camd. Eliz. 565. being a vast number fell upon the English in a Wood half a Mile beyond Armagh and the Earl of Tyrone having a particular spight against the Marshal Bâ—gnall he bent all his Force that way and had the good fortune to kill the Marshal and to rout the English Army with the slaughter of 13 Captains and 1500 Soldiers whereupon the shattered remnant of the English retired to Armagh and sent to Captain Williams to surrender the Fort of Blackwater that he might reinforce and preserve the rest of the Army By this Victory the Irish got Arms Ammunition and Victuals and which was more so much Reputation that the English could act only on the defensive part and not that it self without continual fear and danger But the Queen was nettled at this Defeat and by the 12th of September 1598. blam'd Ormond that he was not there and ordered him to reduce the old List to 8000 and to clear the Army from Irish and she also sent over Sir Richard Bingham to succeed Bagnall in the Office of Marshal but as soon as he landed he dyed at Dublin and Sir Samuel Bagnall was sent with 2000 Foot and 100 Horse which though at first designed to plant a Garison at Loghfoyle were on the aforesaid all news ordered to land at Carlingford In the mean time Tyrone sends Owny mac Rory Oge and Tirrel into Munster with 4000 Kernes 598. the President Sir Thomas Norris opposed them but was forced by necessary occasions or rather by reason of the weakness of his Forces to return to Cork whereupon the Munsterians generally rebell in October and kill murther ravish and spoil without Mercy and Tyrone made James Fitz Thomas Earl of Desmond on condition to be tributary to him He was the handsomest Man of his time and is commonly called the Sugan Earl And the Queen
your own Miscarriages Then I sent Commissioners to examine as well the By as the main Business which you first presented to be the Cause of your Appealing to me but in stead of Thanks for that Favour there came yet more new Complaints which because the Council here have already answered I will not speak of Now if you look back to your own Miscarriage and my Lenity you shall find that your Carriage hath been most Undutiful and Unreasonable and in the next degree to Treason and that you have nothing to fly to but to my Grace The Lower House here in England doth stand upon its Privileges as much as any Council in Christendom yet if such a Difference had risen there they would have gone on with my Service notwithstanding and not have broken up their Assembly upon it You complain of Fourteen false Returns Are there not many more complained of in this Parliament yet they do not forsake the House for it Now for your Complaints touching Parliament Matters I find no more amiss in that Parliament than in the best Parliament in the World Escapes and Faults of Sheriffs there may be yet not them proved or if it had been proved no cause to stay the Parliament all might have been set right by an ordinary Course of Tryal to which I must refer them But you complain of the new Boroughs therein I would fain feel your Pulse for yet I find not where the Shoe wrings For First you question the Power of the King Whether he may Lawfully make them And then you question the Wisdom of the King and his Council in that you say There are too many made It was never before heard that any good Subject did dispute the King's Power in this point What is it to you whether I make many or few Boroughs my Council may consider the fitness if I require it but what if I had made Forty Noblemen and Four hundred Boroughs the more the merrier the fewer the better Chear But this Complaint as you made it was preposterous for in contending for a Committee before you agreed of a Speaker did put the Plough before the Horse so as it went on untowardly like your Irish Ploughs but because the Eye of the Master maketh the Horse fat I have used my own Eyes in taking a view of those Boroughs and have seen a List of them all God is my Judge I find the new Boroughs except one or two to be as good as the old comparing Irish Boroughs new with Irish Boroughs old for I will not speak of the Boroughs of other Countries and yet besides the necessity of making them like to encrease and grow better daily besides I find but few erected in each County and in many Counties but one Borough only and those erected in fit Places near Forts or Passages for the Safety of the Country Methinks you that seek the good of that Kingdom should be glad of it I have caused London also to erect Boroughs there and when they are throughly planted will be a great Security to that part of the Kingdom therefore you quarrel with that which may bring Peace to the Countrey for the Persons return'd out of those Boroughs you complain they have no Residence if you had said they had no Interest it had been somewhat but most of them have Interest in the Kingdom qui habent interesse are like to be as careful as you for the Weal thereof I seek not Emendicata Suffragia such Boroughs as have been made since the Summons are wiped away at one word for this time I have tryed that and done you fair Play but you that are of a contrary Religion must not look to be the only Law-makers you that are but half Subjects should have but half Privilege you that have an Eye to me one way and to the Pope another way the Pope is your Father in Spiritualibus and I in Temporalibus only and so have your Bodies torn one way and your Souls drawn another you that send your Children to the Seminaries of Treason strive henceforth to become FULL Subjects that you may have Cor unum and vlam unam and then I shall respect you all alike but your Irish Priests teach you such grounds of Doctrine as you cannot follow them with a safe Conscience but you must cast off your Loyalty to your King Touching the Grievances whereof you have complain'd I am loath to spend Breath in them if you charge the inferiour Ministers of the Country all Countries are subject to such Grievances but if you charge the Deputy and State nihil probatur Indeed I hear not from you but from others there is one thing grievous to the Country that notwithstanding the Composition establish'd in the Provinces the Governours there do send out their Purveyors who take up their Achates and other Provision upon the Country if this had been complain'd of to the Deputy or to me it had been reformed the Deputy himself at Dublin doth not grieve the Country with any such â—urden Another thing there is that grieveth the People which is that in the Country where there is half Peace and half War the Sheriffs and Soldiers in their passage do commit many Extortions For these Grievances I my self will call the Deputy unto me and set down such Orders in this time of Vacation as these Abuses shall be redressed and clear taken away and if any such disorder he sufferd hereafter it shall be only for fault of Complaining and because the meaner sort will perhaps fear to complain I would have such Gentlemen of the Country as are of best Credit to present Complaints which they may do in such manner as the Parties who prefer the Complaints may not be known There is a double cause why I should be careful of the welfare of of that People First as King of England by reason of the long Possession the Crown of England hath haâ— of that Land and also as King of Scotland for the ancient Kings of Scotland are descended of the Kings of Ireland so as I have on Old Title as King of Scotland therefore you shall not doubt to be relieved when you Complain so as you will proceed without Clamour Moreover my Care hath been that no Acts should be prefer'd that should be grievous to that People and to that end I perused them all except one that I saw not till of late that is now out of Door for I protest I have been more careful for the Bills to be past in that Parliament then in the Parliament of England Lastly For Imputations that may seem to touch the Deputy I have found nothing done by him but what is fit for an honourable Gentleman to do in his Place which he hath discharged as well as any Deputy did and divers of you have Confessed so to me and I find your Complaints against him and the State to be but causeless Expostulations To conclude my Sentence is That in the
went into England to give his Majesty a full account of his happy and successful Administration of the Government for I find he was created Lord Baron of Belfast on the 23th of February 1615 and perhaps then made Lord High Treasurer THOMAS JONES Archbishop of Dublin Lord Chancellor Sir JOHN DENHAM Lord Chief Justice of the King's Bench were Sworn Lords Justices on the 11th of February 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland which were Lett for Five hundred Pounds the first Year and before his Death which happened the 6th of January 1638 they were improved to that degree that they were farmed at Fifty Four thousand Pounds per Annum But the Papists beginning again to grow very insolent it was necessary to hasten the new Lord-Deputy thither and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN afterwards Viscount Grandison 1616. was sworn Lord-Deputy he behaved himself briskly against the Papists who were at that time very high in Ireland Mr. Sullivan says He was a Bloody Man and that he swore he would in two Years banish all the Priests and that he levied 600000◠from the Papists for Fines and Forfeitures for not going to Church and that in Dublin only he imprisoned Ninety Citizens for denying the King's Supremacy all which is notoriously 〈◊〉 And about the same time a most Scandalous lying Book was published Entituled Annalecta Hiberniae written by David Rooth Vicar Apostolick at the Instigation and Charge of the Lord M And stuffed with innumerable Lyes and malicious Accusations of the King's Government in Ireland and yet dedicated to the Prince of Wales which is a high strain of Impudence and Folly to dedicate to the Son Reflections and Scandals upon the Father and as if that Author intended to mock the Son as well as to abuse the Father and that his Dedication to him should pass for nothing he has added another Dedication by way of Appeal to all Foreign Emperors Kings and Princes wherein he avers That the Irish look for nothing but that the King would use them like a King i. e. not like a Tyrant and when I have added that he compares the King to Julian the Apostate and Cajus Caligula and the English-men to Dogs and Wild-Beasts I have said enough of the Spirit and design of that malicious Author The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done and two things were resolved on to humble them one was to banish all their Regulars which did in great numbers swarm almost every where in that Kingdom And the other was to suffer no Magistrates or Officers but what should take the Oath of Supremacy according to Law and in order thereunto there did issue a Proclamation against the Popish Clergy on the 13th of October 1617. Anno Dom. 1617. And afterwards on the 5th of March 1617 Donogh Earl of Twomond Lord President of Munster and Sir William Jones Lord Chief Justice of Ireland did by Virtue of a Commission under the Great Seal bearing date the 23d of January 1617 seize on the Liberties of Waterford and all their Rent Rolls Ensigns of Authority and their publick Revenues which amounted to Three Hundred and Four Pounds Ten Shillings per Annum and kept Assizes in the City for the County of Waterford The cause of this Seizure was because Nicholas White who from Michalmas 1615. to the 20th of October then next following did exercise the Office of Mayor of Waterford did on the 20th day of October 1615. refuse the Oath of Supremacy being then tendered to him by the Lord President by Virtue of a special Commission to that purpose and that upon his refusal the City Elected John Skiddy who Acted as Mayor till the 1st of May 1616. and then refused the same Oath being tendred to him by the Lord President whereupon the City chose Alexander Cuffe and swore him Mayor on the 27th of May who likewise on the 8th of July refused the aforesaid Oath of Supremacy before the Lords Justices whereupon he forbore to Act any farther in the Mayoralty and so it stood till the 1st of April 1617. at which time Walter Cleer was sworn Mayor and so continued Moreover the City had no Recorder since the Death of Nicholas Walsh Anno 1615 and yet in January 1616 there was a Goal Delivery held before the said John Skiddy without any Recorder and one William Person was then Condemned before him and afterwards by his Order executed for Felony And it appeared that the Statute of Elizabeth of Uniformity had not been given in Charge in their Sessions at Waterford for Two years past and all this was found by Inquisition taken the 5th day of September 1617. In the mean time there were sharp Contests between several great Families in Ireland about their Inheritance Lib. F. F. F. 199. the one was between Katherine Lady Power who was Heir General to the Deceased Lord Barry and the then Lord Barry Viscount Buttivant and that was happily Compos'd by the Kings Mediation and the Marriage of the Lord Barry with the Lady Power 's Daughter and the other was between Walter Earl of Ormond and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond who died Anno 1614. Their Case is to be found the very last Case in my Lord Hobert's Reports and was refer'd to the King who Anno 1618. made his Award and divided the Estate between the contending Parties but the Earl of Ormond thought that Distribution so unequal that he refused to submit to it and therefore endured a long Imprisonment and many other Hardships from the Court but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond with the sole Daughter and Heir of the Lady Dingwell and that happy Couple improved that divided and shattered Estate to be the greatest and best belonging to any Subject in the Kings Dominions and are well known to the World by the Names of the first Duke and Dutchess of Ormond In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath and not long after there arose a Dispute between the Archbishop of Armagh and the Bishop Elect of Clogher about the Exercise of Jurisdiction before Consecration but after some Expostulations the Controversie was peaceably Compos'd The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose and in the same Year Thomas Viscount Thurles Father of the first Duke of Ormond was drowned It was in this Year that the King to mortifie some of the most active Members of the House of Commons that had fallen under his
Counsels near Your Majesty in opposition of the Parliament and favour of the Malignant Party of this Kingdom 6. It will bereave Your Parliament of that advantage whereby they were induced to undertake this War upon Your Majesties Promise that it should be managed by their Advice which cannot be done if Your Majesty contrary to their Counsels shall undertake to Order and Govern it in Your own Person Upon which and divers other Reasons We have resolved by the full and concurring Agreement of both Houses that We cannot with discharge of our Duty Consent to any Levios or raising of Soldiers to be made by your Majesty for this your intended Expedition into Ireland or to the Payment of any Army or Soldiers there but such as shall be employed and governed according to Our Advice and Direction and that if such Levies shall be made by any Commission of your Majesty not agreed too by both Houses of Parliament We shall be forced to interpret the same to be raised to the Terror of your People and disturbance of the publick Peace and hold our selves bound by the Laws of the Kingdom to apply the Authority of Parliament to suppress the same And We do further most humbly Declare That if your Majesty shall by ill Counsel be perswaded to go contrary to this Advice of your Parliament which We hope your Majesty will not We do not in that Case hold Our selves bound to submit to any Commissioners which your Majesty shall chuse but do Resolve to preserve and govern the Kingdom by the Counsel and Advice of Parliament for your Majesty and your Posterity according to Our Allegiance and the Law of the Land Wherefore We do most humbly Pray and Advise your Majesty to desist from this your intended Passage into Ireland and from all Preparations of Men and Arms tending thereunto and to leave the managing of that War to your Parliament according to your Majesties Promise made unto Us and your Royal Commission Granted under your Great Seal of England by Advice of both Houses in Prosecution whereof by God's Blessing We have already made a prosperous Entrance by many defeats of the Rebels whereby they are much weakened and disheartened and have no probable means of Subsistence if Our Proceedings shall not be interrupted by this Interposition of your Majesties Journey but that we may hope upon good Grounds that within a short time without hazard of your Majesties Person and so much dangerous Confusion to your Kingdoms which must needs ensue if you should proceed in this Resolution We shall be enabled fully to vindicate your Majesties Right and Authority in that Kingdom and punish those horrible Outragious Cruelties which have been committed in the murthering and spoiling so many of your Subjects and bring that Realm to such a Condition as may be much for the advantage of your Majesty and this Crown the Honour of your Government and the Contentment of your People For the better and mâ—re speedy effecting whereof We do again renew Our humble Desires of your Return to your Parliament and that You will please to reject all Counsels and Apprehensions which may any way derogate from that Faithfulness and Allegiance which in Truth and Sincerity We have always born and professed to your Majesty and shall ever make good to the uttermost with our Lives and Fortunes To this Answer The King made the following Reply We are so troubled and astonished to find the unexpected Reception and mis-understanding of our Message of the Eighth of April concerning our Irish Journey that being so â—â—ch disappointed of the Approbation and Thanks we looked for to that Declaration We have great cause to doubt whether it be in Our Power to say or do any thing which shall not fall within the like Interpretation but as we have in that Message called God to witness the Sincerity of the Profession of Our only Ends for the undertaking that Journey So We must appeal to all our good Subjects and the whole World whether the Reasons alledged against that Journey be of weight to satisfie Our understanding or the Counsel Presented to disswade Us from it be full of that Duty as is like to prevail over Our Affections For Our Resolving of so great a business without the Advice of Our Parliament We must remember you how often by Our Messages We made the same offer if you should Advise Us thereunto To which you never gave Us the least Answer but in your late Declaration told Us That ye were not to be satisfied with Words So that we had Reason to conceive you rather avoided out of regard to our Person to give Us Counsel to run that hazard than that you disapproved the inclination And what greater Comfort or Security can the Protestants of Christendom receive tâ—â—n by seeing a Protestant King venture and engage his Person for the defence of that Profession and the Suppressing of Popery to which We Solemnly protested in that Message never to Grant a Toleration upon what Pretence soever or an Abolition of any of the Laws there in force against the Professâ—rs of it And when We consider the great Calamities and unheard of Cruelties Our poor Protestant Subjects in that Kingdom have undergone for the space of near or full Six Months the growth and increase of the Strength of those barbarous Rebels and the evident Probability of foreign Supplies if they are not speedily suppressed the very slow Succours hitherto sent them from hence That the Officers of several Regiments who have long time been allowed Entertainment from you for that Service have not raised any Supply or Succour for that Kingdom That many Troops of Horse have long lain near Chester untransported 〈◊〉 the Lord Lieutenant of Ireland on whom We relyed principally for the Conduct and managing of Affairs there is still in this Kingdom notwithstanding our Earnestness expressed that he should repair to his Command And when We consider the many and great Scandals raised upon Our Selves by report of the Rebels and not sufficiently discountenanced here notwithstanding so many Professions of Ours And had seen a Book lately Printed by the Order of the House of Commons Entituled A Remonstrance of divers remarkable Passages concerning the Church and Kingdom of Ireland Wherein some Examinations are set down which how improbable or impossible soever may make an impression in the Minds of many of Our weak Subjects And Lastly when We duly weigh the Dishonour which will perpetually lye upon this Kingdom if full and speedy Relief be not dispatched thither We could not nor cannot think of a better way to discharge Our Duty to Almighty God for the defence of the true Protestant Profession or to manifest Our Affection to Our Three Kingdoms for their Preservation than by engaging Our Person in this Expedition as many of Our Royal Progenitors have done even in Foreign parts upon Causes of less Importance and Piety with great Honour to themselves and advantage to this Kingdom and
also procured the Earl of Glamorgan to be sent into Ireland who made a Peace secretly with the Irish on the 25th day of August as we shall see anon and which also met with the same Fate and for the same Reason And this unfolds the Secret of some Mysteries which at that time were unintelligible for it was a Paradox to Ormond and those Cavaliers who were so zealous for the King that they passionately coveted a Peace with the Irish as that which they thought the only probable Means left to preserve His Majesty I say it amaz'd these Men to find the Irish delay and indeed reject the Peace which themselves at first had courted and which was their Interest to hasten even upon worse Terms than were offered them Nevertheless the Confederates continued to quibble upon Niceties and to reassume Debates that were determined before and particularly the Words in one of the Articles That Officers of Both Religions be equally preferr'd being upon an Objection of the Lord Digby explain'd by themselves to intend only Indifferency were now so strained that they would admit no other Interpretation of the Word Equally but that it must extend to Number whereat His Majesty was exceedingly disgusted But in May there was a General Assembly of the Irish which pursuant to a Decision of their Clergy Appendix 29 did on the Ninth of June Vote That as to the Demand of Restoring the Protestant Churches the Commissioners shall give a positive Denial And the Truth of it is that they thought themselves so sure of what Conditions they pleas'd from the Earl of Glamorgan that they little minded what Answer they gave to the Marquis of Ormond or his Commissioners And on the other side the King thought himself so sure of the Ten thousand Men from them that Sir Marmaduke Langdale was in July sent with Seven hundred Horse to Carnarvan to receive and conduct them as there should be occasion But when their Expectation in England began to tire and no News came either of a Peace or of Succors the Lord Digby Secretary of State wrote the following Letter to the Lord of Muskery and the rest that had been Agents for the Confederates at Oxford My Lords and Gentlemen HIS Majsty having long expected a Conclusion of a happy Peace within your Kingdom and His Affairs having highly suffered by the failing of His Expectations from thence cannot chuse but wonder what the Cause is of it calling to mind those fair Professions and Promises which you made unto Him when you were imployed here as Agents And knowing well what Power and Instructions He hath long since given to my Lord Lieutenant to comply with you for your Satisfaction as far forth as with Reason or Honor His Majesty could in Civil Things or with Prudence or Conscience in Matters of Religion and in the latter as to the utmost of what for any worldly Consideration He will ever be induced to So did He conceive nothing less than what you declared unto Him you were persuaded the Catholicks would be satisfied withal nay ought not in their own Interest to seek more in the present Condition His Majesty is in lest further Concessions might by confirming former Scandals cast upon His Majesty in Matters of Religion so alienate the Hearts of His faithful and loyal Adherents as to make them abandon Him Which as it would draw inevitable Ruin on Him so were you rightly apprehensive that when the Parliament should by that means have prevailed here that must soon after bring a certain Destruction upon your selves What the change of Princples or Resolutions are His Majesty knows not but He finds by the not concluding of a Peace there that your Party it seems is not satisfied with the utmost that His Majesty can grant in Matters of Religion that is the taking away of the Penal Laws against Roman Catholicks within that Kingdom And His Majesty here hears that you insist upon the Demands of Churches for the Publick Exercise of Religion which is the Occasion that His Majesty hath commanded me to write thus frankly unto you and to tell you That He cannot believe it possible that Rational and Prudent Men had there been no Propositions made to the contrary can insist upon that which must needs be so destructive to His Majesty at present and to your selves in the Consequences of His Ruin that is inevitably to be made a Prey to the Rebels of these Kingdoms or to a Foreign Nation Wherefore my Lords and Gentlemen to disabuse you I am commanded by His Majesty to declare unto you That were the Condition of His Affairs much more desperate than they are He would never redeem them by any Concession of so much wrong both to His Honor and Conscience It is for the Defence of His Religion principally that he hath undergone the Extremities of War here and He would never redeem his Crown by destroying It there So that to deal clearly with you as you may be happy your selves and be happy Instruments of His Majesty's Restoring if you would be contented with Reason and give Him that speedy Assistance which you well may so if nothing will content you but what must wound His Honor and Conscience you must expect howsoever His Condition is and how detestable soever the Rebels of this Kingdom are to Him He will in that Point joyn with them the Scots or with any of the Protestant Religion rather than do the least Act that may hazard that Religion in which and for which He will live and die Having said thus much by His Majesty's Command I have no more to add but that I shall think my self very happy if this take any such effect as may tend to the Peace of that Kingdom and make me Your Affectionate humble Servant GEO. DIGBIE Cardiff 1 August 1645. But the Confederates little regarded this Importunity they had other Designs of their own to mind and were busie managing the Two Treaties with Ormond and Glamorgan and whilst they proceeded diligently with the Earl they dealt sophistically with the Marquis still raising new Scruples and Difficulties varying and inhancing upon the King as His Condition grew worse so that on the Second of August they demanded to be exempt from the Excommunication of a Protestant Bishop because they could not in Conscience seek Absolution from those of another Religâ—n And thus Matters continued until the 25th of August at which time the secret Peace with Glamorgan was concluded and then to let him know that they design'd no more effectual Compliance with him than they had perform'd with others they did on the 28th of August make the following Order ☞ viz. The General Assembly Order and Declare 〈…〉 Union and Oath of Association shall remain firm and inviâ—lable and in full strength in all Points and to all Purposes until the Articles of the intended Peace shall be ratifiâ—d in Parliament Notwithstanding any Proclamation of the Peace c. And on the First of September
agreed against the Common Enemy and in their Abhorrence and Mistrust of the Irish so that the Privy Council represented to his Excellency That they had deserved as well of the King as Subjects possibly could either by Doing or Suffering and therefore they hoped he would not expose them to the Mercy of their cruel and hereditary Enemies ☞ who by their late Perfidiousness had made themselves incapable of Trust and therefore they desired him again to Treat with the Parliaments Commissioners who would at least perform the Conditions they promise which could not be relied on from the Irish And it is said That his Excellency did rather incline to this Advice because he knew that the Design of many in this Irish Rebellion was intirely to alienate the Kingdom of Ireland from the Crown of England P. W. Remonstrance 583. and to extirpate not only the Protestants but also all the English tho' Catholicks That the Nuncio-Party design'd to separate it from England and to put Ireland under the Protection of some Foreign Prince unless they could advance one of the Old Irish Families to the Throne And accordingly Mr. Anthony Martin in the last General Assembly did propose to call in some Foreign Prince for Protection And so the Lord Lieutenant and Council being reduced to so great straits that they had but Seventeen Barrels of Powder leâ—t and no Magazins either of Stores or Victuals nor any Money either to buy more or to pay the Army did agree to resign the Kingdom to the Parliament for these Reasons 1. It was observed ☜ That no Exercise of the Protestant Religion was so much as tolerated where the Confederates had the Command and that if all the Churches in His Majesty's Quarters should be given or suffered to be taken to the Use of the Romish Religion it would too much countenance the Reproaches of His Majesty's Inclinations to Popery and might be dangerously applied by those who had His Majesty's Life in their Power 2. That it could not be for His Majesty's Honor to have those Subjects and Servants who had stuck to His Cause after all besides was lost in His Three Kingdoms to be at last subjected to the Tyranny of those who then ruled among the Irish whose Persidy was so manifest and their Malice so great as to give Rest to the Parliament Forces and to unite all their Power against those only who had carried Peace to their very Doors Lastly It was known how many Agents the Irish had employed abroad and what Publick Ministers had Reception with them as from the Pope the Kings of France and Spain That if the Garisons now held were put into the Hands of the Two Houses of Parliament they would revert by Treaty or otherwise whenever His Majesty should in England recover His Rights but if either given or left to these Confederates there was little hopes of Restitution while any Foreign Prince should think his Affairs secured or advanced by consuming the Blood and Treasure of England in this Dispute And so on the Fifth of February they made an Act of Council which recites their sad Condition and impowers the Lord Lieutenant to renew the Treaty with the Parliament for the Surrender of Dublin and quitting the Government And accordingly his Excellency did the next day write to Wharton and Salway two of the Parliament Commissioners That he was now satisfied in the Point he scrupled at viz. the King's Orders and therefore was willing to surrender the Government on the Terms formerly propos'd and desir'd that Succors might be sent immediately Hereupon the Parliament did order 3 March That if Ormond would give one of his Sons Hostage for Performance together with the Earl of Roscomon Colonel Chichester and Sir James Ware that then Coot's Regiment of Horse and Monroe's and Fenwick's Regiments of Foot at that time in Ulster should march to his Assistance and that the Lords of Insiquin and Ardes should give the Enemy Diversion And accordingly the Lord Richard Butler afterwards Earl of Arran was sent Hostage to Chester and the aforesaid Three Regiments were received in Ormond's Garisons and the Lord Insiquin sent his Excellency Twenty Barrels of Powder and half a Tun of Match and on the Seventeenth of March the Earl of Roscomon Colonel Arthur Chichester and Sir James Ware were sent to the Committee at Derby-house to be Hostages for Performance of the Agreement with the Parliament and to solicit That Papists always adhering to the King and Papists that got out of the Rebels Quarters as soon as they could and Papists remaining in the Rebels Quarters that have shewed constant good Affections c. may be indemnified That Ormond may have leave to wait on the King and that the other Lords and Gentlemen may have Posses to go through England That Ormond may have leave to transport as many Papists to foreign Service as will go with him for which Liberty he will remit Ten thousand Pound That no Oaths other than those of Fidelity may be imposed on any Protestant and that the Common Prayer and their respective Imployments may be continued to them But they were told by the English Committee That they were Hostages and not Commissioners And on the same 17th day of March the Parliament of Ireland which had before made an Address to the Parliament of England for Protection quod vide Burlace 178 did remonstrate their Gratitude to the Marquiss of Ormond in the following Address signed by the Speakers of both Houses The Remonstrance of the Lords Spiritual and Temporal and Commons in Parliament assembled declaring the Acknowledgment of their hearty Thankfulness to the most Honourable James Marquiss of Ormond Lord Lieutenant General of Ireland His Excellency VVE the Lords and Commons assembled in Parliament in Our whole Body do present Our selves before your Lordship acknowledging with great Sense and feeling your Lordships singular Goodness to Us the PROTESTANT PARTY and those who have faithfully and constantly adhered unto them who have been preserved to this day under God by your Excellencies Providence and Pious Care which has not been without a vast Expence out of your own Estate as also to the hazarding of your Person in great and dangerous Difficulties And when your Lordship found your Self with the Strength remaining with you to be too weak to resist an insolent and upon all Advantages perfidious and bloody Enemy rather than we should Perish You have in your Care transferred Us into their hands that are both able and willing to preserve Us and that not by a bare casting Us off but by complying so far with Us that you have not denied our Desires of Hostages and amongst them of one of your most dear Sons All which being such a free Earnest of your Excellencies Love to our Religion Nation and both Houses do incite Us here to come unto you with Hearts filled with your Love and Tongues declaring how much We are obliged to your Excellency
hath been induced to declare the Peace concluded in this Kingdom in the Year 1648 to be void and that he is absolved therefrom taking for the principal grounds for such his Declaration the Unlawfulness of the Act. And howbeit we cannot without a very feeling sence of the Grief the Nation with just cause may entertain of the prejudice thereby brought upon them and the blemish cast upon those hearty Endeavours of theirs to restore his Majesty to his former Estate and Power over his Subjects look upon those unexpected Fruits of their Blood and Substance so chearfully spent in his Service yet it greatly comforts us to understand that notwithstanding that Declaration by some undue means obtained from his Majesty your Excellency is resolved by all the means that it shall please God to offer unto you and through all hazards in the behalf of this Nation to insist upon and assert that Peace and persist in so doing until your Excellency and such as shall be entrusted and authorized by the Nation shall have free and safe access unto his Majesty And as to those Proviso's which are expressed as necessary Conditions whereby his Majesty's Authority which notwithstanding that Declaration we still do embrace and reverence may be continued among us besides our general profession to act what lies in our power in the ways of his Majesty's Service and to your Excellency's satisfaction we do return the ensuing Answers And To the first Proviso Concerning the Revocation of those Acts Declaration and Excommunication issued by the Bishops met at Jamestown and the Assurance demanded that nothing in that kind shall be attempted for the future we do humbly answer That your Excellency to whom we have often expressed our Resentment of such their Proceedings may be confident we shall labour so far as in us lies to see your Excellency satisfied in this particular and to that end we will all or some of us with your Excellency's allowance and as you shall think fit repair to Galway to treat with the Prelates upon this Subject To the second We humbly return as answer That albeit we know that by those Censures of the Bishops met at Jamestown his Majesty's Authority was invaded and an unwarranted Government set up contrary to the Laws of the Kingdom and that we are assured no Subject could be justly warranted by that Excommunication to deny Obedience to his Majesty's Authority in your Excellency yet being of opinion that a publick Declaration of this kind in this Conjuncture of Affairs ought properly and would with more countenance and authority move from an Assembly than from us and that by such a publick Declaration now from us we should wholly obstruct the way to prevail with the Prelates to withdraw those Censures or Act what is desired by the former Proviso and likewise endanger what Union there is at present in opposing the Common Enemy and prejudice the hopes of a more perfect Union for the future wherein the preservation of the Nation doth principally consist We do therefore humbly beseech your Excellency to call upon an Assembly of the Nation from whom such a Declaration as may be effectual in this behalf and may settle those Distractions can only proceed Yet if in the mean time and before the meeting of that Assembly those Censures now suspended shall be revived we will endeavour to suppress their influence upon the People by such a Declaration as shall become Loyal Subjects and Men entrusted to see all due Obedience paid to his Majesty's Government over this Kingdom To the third We do humbly return as answer That we shall at all times and in such manner as your Excellency shall think fit to prescribe invite all or any his Majesty's Roman Catholick Subjects to such a Declaration which yet until we shall understand the Clergy's sence upon the first Proviso we do humbly represent as fit for a time to be forborn To the fourth We humbly return as answer That whatsoever your Excellency shall find to be properly within our power and will direct to be done for procuring a free Residence for your Person in any place you shall chuse within the Limits not possessed by the Rebels we shall readily obey your Lordship's Commands therein To the fifth We humbly return as answer That upon debate with your Excellency of the place fit for to be Garrisoned and the number of Men fit to be received thereinto we shall according to the Articles of Peace use our utmost endeavours to have such Garrison so agreed upon admitted To the last We humbly return as answer That as we have at all times heretofore been ready and willing your Excellency's Charge should be supported out of the Revenue of the Kingdom so we are now very ready to concur in assigning any of the Dues already accrued or such as shall grow due hereafter or to impose a new Applotment upon the Subject towards your Excellency's Maintenance Thus humbly taking leave we remain Junis 24th Octob. 1650. Your Excellency's Most Humble Servants Athunry Lucas Dillon Rich. Bellings Jeff. Browne N. Plunket R. Barnewall R. Everard Gerald Fennel Upon receipt of this his Excellency did Indict a General Assembly to meet at Loghreagh on the 15th of November and in the mean time did give his consent that some of the Commissioners of Trust should repair to Galway to treat with the Committee of the Congregation there and accordingly Sir Lucas Dillon Sir Richard Barnwall Sir Richard Everard Mr. Beling Mr. Brown and Dr. Fennel went thither and proposed First A Letter of the Lord-Lieutenant's to them from Ennis 23d of October already mentioned Secondly They shewed the King's Declaration made touching the Covenant and the Disavowing the Peace and acquainted them with the present Condition of the Kingdom as in relation to the King's Party engaged to the Covenant and in relation to the Independents and urged that the only seeming Safety to the Nation is in that of the Peace Thirdly They desired to know of that Committee what they conceived would most conduce to the Preservation of the Nation and themselves Fourthly They proposed that an Union cannot be had or preserved for preservation of the Nation without keeping the King's Authority amongst them for that many even considerable Men will instantly make their Conditions with the Enemy the King's Authority being taken away and that there is no hopes of having that Authority left but by revoking the Excommunication and Declaration for it will not be left by the Lord-Lieutenant nor undergone by Clanrickard but upon those Terms To these Proposals the Committe gave the following Answer upon which as far as they related to himself the Lord-Lieutenant made some Animadversions which I have opposed to the Answers in a different Colume The Committee's Answer First THE abovementioned Letter was read containing his Excellency's Undertaking for asserting the Peace and his Demand of two Proviso's to that end where we observe his Excellency informed his Majesty of certain
this is the greater that the * Clanrickard Person from whom you come with Authority is for several causes Excommunicated A Jure Homine and is at Rome accounted a great Contemner of the Authority and Dignity of Church-men and Persecutor of my Lord Nuntio and some Bishops and other Church-men some of his own Letter come fair for the proof hereof you may be pleased to call to mind that he though much and often moved thereunto never joyned with the Confederate Catholiques until he found the opportunity of bearing down the Pope's Nuntio and had the Lord of Insiquin who not long before dyed his hands in the blood of Priests and innocent Souls in the Church or Rock of St. Patrick in Cashel to close with him in Society of Army the Nation hath now no cause to joy in that Conjunction of those two Stars Do you think God will prosper a Contract grounded upon the Authority of such a Man if some other way be not found of reconciling him to us That therefore what is prophane may be holy and what is rotten sound say in the Name of the Nation with the Prodigal Child Surgam ibo ad Patrem dicam ei pater peccavi in Coelum coram te And even immediately go to his Holiness's Inter Nuntio in this City to make this happy Submission Quia nescit tarda Molimina Spiritus Sancti gratia This being done go on chearfully with your Contract with this most Catholique Prince who did he rightly know the business without such Submission would never enter upon a Bargain to preserve or rather restore Holy Religion in a Kingdom with Agents bringing their Authority from a withered accursed Hand and God will send his Angels of strength and light before that People at least many of them who lying in Darkness and shackled with the Irons of Excommunication c. And it was by the sollicitation of this Angry Bishop and the influence the Clergy had over them that the Agents waving the Authority of the Lord-Deputy that sent them were induced to joyn with the Lord Taaf and in the Name of the People and Kingdom of Ireland to make the following Articles with the Duke of Lorrain An Agreement betwixt Charles the Fourth Duke of Lorrain and Theobald Lord Viscount Taaf Sir Nicholas Plunket and Jeffery Brown Deputed and Authorized by the People and Kingdom of Ireland I. THE most Illustrious Duke is to be vested with Royal Power under the Title of Protector Royal of Ireland II. Because Religion is the prime End and Subject of the Treaty all is to begin with an imploring Application to the Pope for his paternal Benediction and Help that he will not be wanting in things Spiritual or Temporal in consideration whereof it is protested That constant perpetual Obsequiousness of Duty and Faithfulness shall be paid to his Holiness and the Apostolick See III. In consideration of this Royal Protector 's power granted the Duke is by War to prosecute the King's Enemies and afford him all possible Assistance IV. The said Duke is to do nothing in derogation of the King's Authority or Jurisdiction in Ireland but rather to amplifie it and having restored the Kingdom and Religion to its due pristine Estate is to resign chearfully the Kingdom to the King V. Before Resignation as aforesaid ☞ the Duke is to be re-imbursed all by him pre-impended in this Business and for this Re-imbursement a general and exact Obedience to the Duke in Faith and Fidelity from the Kingdom and People is made and to be observed without Reservation to any other Superiority whatsoever VI. The Duke is not to fail on his part to Expel out of Ireland Hereticks Enemies to the King and his Religion and to recover and defend all things belonging to the Faithful Subjects of Ireland VII The Duke is solely and absolutely to exercise all Military Power for the present and future in Ireland as to the Nomination of all Commanders ahd guiding all Martial Proceedings at his own pleasure and in his own person unless he in his absence substitute some other Catholique Person VIII The Duke is to introduce no Innovation in the Towns c. to him assigned repugnant to the Securities Priviledges Immunities Proprieties Lands Estates or Ancient Laws of the Irish reserving only to himself Authority to apply Remedies to any thing accruing wherein publick prejudice may be contained IX The Duke is not to interpose in Administration of Judicial or Civil Affairs but leave them to be proceeded in according to the Fundamental Laws and publick Form of the King 's Chief Governour and the Assembly instituted X. The Manner of calling Assemblies to be as formerly unless complaint arise against the Government or other extraordinary Emergencies hinder and then according to the Ancient Laws the cutting off the Assembly is to be at the pleasure of his Higness XI When the Work is done in Ireland by consent of a General Assembly the Duke promises to afford Assistance to the King against Rebelling Adversaries in other Kingdoms XII In case the Duke cannot go in person into Ireland it is free in his choice and pleasure to depute any other Man of Catholique Piety who shall be Independant in the Militia and in Civil Matters shall be received to all manner of Councils in the same right as any other Counsellor or Commissioner XIII All Cities Castles Lands taken from the English shall revert to the Owners if Catholicks who have connstantly persevered in the Catholick Quarters under the Duke yet the Duke's Military Power shall be entire over the same to garrison and dispose of them at his pleasure XIV All Pay to the Souldiers is to pass from the Duke as well out of the publick Revenues as the Duke's Coffers when that fails provided that the Duke's disbursements of his proper Money for publick Uses for the future to be repaid him as former Disbursements XV. All Goods of Enemies and Delinquents are to be converted to the publick Military Charges and towards rewarding great Merits by the Duke with Advice of the General Assembly XVI The Duke besides 20000 l. already contributed promises all further Accommodations and Supplements for War together with his power and industry what is not above the reach of his Faculties and beneath the Necessities of the War towards the Repayment whereof as well Principal as the Annual Provenue and Use thereof the whole Nation of Ireland is to be liable until the last Peny be paid and for Caution in the mean time the Duke is to be seized and possessed in his own hands of Galway Limerick Athenry the Castle and Town of Athlone ☜ and Waterford and the Royal Fort of Duncannon when recovered from the Enemy and these are to remain to him and his Heirs until full and intire Satisfaction receiv'd and to pay just Obedience and be Garrison'd and Commanded at his pleasure XVII In laying of publick Taxes and levying the same for the Duke's Satisfaction
England in sending for and impeaching one of the Members then sitting and that it was declared in Print by their order that Ireland if nam'd is bound by an English Statute which is against Law and Custom for Four Hundred Years past and though they had notice of the Protestation made by the English Parliament against Catholicks and their Intention to make Laws for the extirpation of that Religion in the Three Kingdoms and had notice of the cruel and bloody Execution of Priests in England meerly for being Priests and that his Majesty had not power enough left to save one condemned Priest and that the Catholicks of England being the Parliaments own Flesh and Blood must either suffer or depart the Land and much more must the Irish being not so nearly related to them if they should once get Jurisdiction in Ireland yet all this did not prevail with the Remonstrants to take Defensive much less Offensive Arms they still expecting that His Majesty in a short time might be able to yeild them Redress 7. That the Lords Justices c. by untrue Informations and other malicious Contrivances did endeavour to hinder His Majesty from granting Graces to the Irish Committee of Parliament but not prevailing in that they endeavoured to delay and stop them and by misconstruction and misrepresentations of the Irish Parliament endeavoured to possess His Majesty with an ill Opinion thereof and That it had not Jurisdiction in Capital Causes thereby aiming at the Impunity of those Impeached and the Destruction of the Parliament to which that power is essential and that the Lords Justices and their Adherents with the height of Malice envying their Union endeavour'd to sow Dissention in the Irish Parliament and to raise distinction of Nation and Religion and thereby made a Faction which to prevent the Graces passing into Acts Tumultuously cryed to Adjorn the House but being over-voted the Lords Justices said that if they did not Adjorn the Saturday themselves would Prorogue or Adjorn the Parliament on Monday by which means and the multitude of Proxies from Lords that have no Estate in Ireland which is destructive to the Liberty and freedom of Parliament here the Parliament was Adjorn'd on the 7 th of August and tho' the Graces were brought over soon after and the Committee desired the Lords Justices would give notice of them to the People to prevent misunderstanding or despair and an instrument was provided accordingly yet the Lord Justices willing to add Fuel to the Fire of the Subjects discontent did forbear to make such-Publication 8. That many Petitions containing matters Destructive to the Lives Estates and Religion of the Catholicks and directed to the House of Commons in England were promoted at publick Assizes to get hands unto them by Sir William Parsons Sir Adam Loftus Sir John Clotworthy and Arthur Hill Esq and others of the Malignant Party which were the more dreadful because of the said Clotworthy's power in the Parliament of England and his Barbarous and Inhuman expressions in that House against Catholicks and soon after an Order made by that Parliament Not to bow at the name of Jesus came to the knowledge of the Catholicks as also that the Malignant Party there did contrive and Plot to extingish the Irish Religion and Nation Hence some of them considered the deplorable condition they were in by a Statute of 2 Eliz. found amongst the Records but never executed in the Queens time nor discovered till most of the Members of that Parliament were dead which if executed no Catholick could enjoy his Life Liberty or Estate and yet nothing hindred but the Kings Prerogative which the Malignants endeavoured to destroy and then the Plot of Destruction by an Army out of Scotland and another of the Malignant Party in England must be executed the fear of these twofold Destructions and their ardent desire to assert the Prerogative Necessitated some Catholicks to take Arms in maintainance of Religion His Majesties Rights their own Lives Liberties and Estates and immediately thereupon took a solemn Oath and sent several Declarations to the Government and offered to submit to the Parliament of Ireland but the Offers were slighted and the Parliament Prorogued and a Declaration Issued on 23 October Accusing all Catholicks of Disloyalty but upon Application of Catholicks of Quality that the Prorogation was against Law and that a Session of Parliament was the only means to compose matters the Lords Justices knowing that but few would appear yielded to a short Session but limited it so that no Act of Grace or any thing for the Peoples satisfaction might pass that the few that met tho' disarm'd and not permitted a Servant and awed with Muskets presentto their Breasts yet desired leave to sit a short time to expect their fellows and to quiet the Insurrection and that the Graces might be Enacted but this was denied and instead of it a Declaration was propounded that these DISCONTENTED Gentlemen took Armâ— in Rebellious manner which was much resented by the best affected in both Houses but being informed that the Musqueteers had Order to shoot some of them at their going out they through terror gave way to that Declaration 9. However the greater part of the Catholicks and all Cities and Corporations and whole Provinces stood quiet and yet the Lords Justices knowing that many powerful Members of the English Parliament stood in opposition to his Majesty they sent their Addresses to that Parliament stuffed with Calumnies and propos'd to send over Forces to Conquer the Kingdom and they also Arm'd the Malignants in Ireland and the Catholicks even in Dublin and other Cities were not only denyed Arms for their Mony but also Disarm'd and when the Parliament had ordered a Pardon to all that should submit by a day limited Sir William Parsons contriv'd it so that it was publish'd only in two Counties and a short day prefix'd and Freeholders were therein excepted whereby it was manifest the Estates of Catholicks were first aimed at and then their Lives Moreover Sir Charles Coot was sent into Wicklow where he destroy'd Man Woman and Child that had neither Will nor Power to do hurt and others at Santry near Dublin Murdered innocent Husbandmen some whereof were Protestants mistaken for Catholicks meerly to force Fingal to Arms And tho' Complaint was made yet no Redress could be had and therefore the fear of being Murdered oblig'd the Catholicks to quit their Houses and to stand together in their own defence unprovided of Arms as they were hereupon a Proclamation issued 13 December not published till the 15 th requiring George King and others to come in and promising them Protection and another to summon the Lords of the Pale to meet at Council the 17 th But to prevent the effect of these Proclamations the same 15 th of December Sir Charles Coot was sent to burn Clantarf Mr. Kings House and use all acts of Hostility which he performed and this breach of Faith discourag'd the Lords of
the President Routed them he found many of his Provincials amongst them yet he let them go as supposing they came to look after their Cattle But by the end of that Month the whole Province was in open Rebellion and yet it was not until February that the Lords Justices sent their positive Order to prosecute those wilful Rebels with Fire and Sword and in the latter end of February the President published his Majesties Proclamation under his own Hand and Signet but without effect for the Rebels said that it was Counterfeit and rejected it But Arguments are vain when the thing itself manifests the truth and if ever in any case certainly 't is in this that Res ipsa loquitur and that the President was not the Aggressor for he had neither Men Mony Ammunition or Arms or any other Provision of War fit to contest with so numerous an Enemy that were fledged with the Spoils and Riches of English and it is undeniable that the Irish began to plunder even in great Numbers and Armed in a War like manner and at Noon day but perhaps the Remonstrants think that is not a Commencement of War But in Conaught the case was far different from Munster though the Remonstrants not caring whether right or wrong have mingled both Provinces in the same accusation for the President of Conaught was then at Dublin and in the beginning of November when he went to Athlone he found many of his Provincials whereof some Gentry in open Rebellion who had committed many Murders and more Robberies he presently endeavoured a Treaty with the Gentry that had not yet declared presuming on his Alliance to some of them and his former private Friendship with them but all in vain so that his Case was miserable being surrounded with Multitudes of Rebels who took the Town and kept him Besieged in the Castle of Athlone all that Winter His whole force in the Province was but a Troop and a half of Horse most Irish and Six half Companies of Foot whereof One was Surprized and another sent to Dublin so that he was in no condition to rescue the Distresled English and much less to make any offensive War on the Irish or by any cruelty to force them into Rebellion as they have most untruly suggested The Lords Justices did also send Commissions of Government to the Lords of Clanrickard Mayo and Costilo and Commissions of Martial Law to some of the best of the Natives and the Lord Clanrickard did assure the Irish of his Majesties condescention to the Graces and yet all this could not prevent nor suppress their Rebellion To the Eleventh Whether the Parliament of Ireland have equal Power and Priviledges with the Parliament of England and whether an English Statute can bind Ireland is fitter to be disputed by Arguments than Arms but it is false that the Act of Adventurers in England was grounded or occasioned by any misinformations from Ireland Nor doth it extend to other Estates than those of the most Detestable and Sanguinolent Traitors that ever were heard of and therefore the Loyal Remonstrants should not be concerned but admitting the Act unjust yet it was subsequent to the Rebellion and so could not be a cause of it Nor can we believe it was forced upon his Majesty it being for his own advantage and for the benefit of his Beloved and ever Loving People and if his Majesty should lose by it at present yet he loses to Loyal and obedient Subjects who will in time reprize him as well by saving charge and preventing Danger and Rebellion as by straining themselves at any time for his Majesties Honour and Profit And since there is no Authority nor Command Civil or Military in Ireland but what is derived from his Majesties Authority and acts in obedience to it 't is strange that the Remonstrants should close this Article with a loud and known untruth to the contrary To the Twelfth That the Proclamations enjoyning Strangers to leave the City were issued not only upon sound Reasons and good cause since approved of by his Majesty but also were published at the request of the Popish Inhabitants of Dublin however no Person of Quality or Credit was affronted thereby but were civilly permitted to stay And the Third Proclamation viz. that of the 11 th of November was designed to send the Gentry home to keep the Country quiet unless they had cause of stay in the City however not so much as one Gentleman was either threatned or punished for disobedience thereunto But many and even some Citizens that had liberty to stay in Dublin went voluntarily and did joyn with the Rebels and now they cover their Treason with a pretence that they were forced to go And it is not true that any of the Rebels offered to submit until after the relief of Tredagh when his Majesties Army was Master of the Field nor that any of the Cizens were pillaged or their Goods seized until after the Remonstrants were in open Rebellion Nor then with the consent of the Government who did what it could to prevent and punish Pillaging as by their several Proclamations may appear And as the Lords Justices did nothing without the Council so neither did they countenance any disorder nevertheless they are not accountable for all the Irregular acts of an ill paid Army especially against Rebels that had given such barbarous provocations That the Lords Justices did give Commission to two Papists that desired it to treat with the Rebels but that indulgence as the rest was abused to base ends and produced nothing of the effect propos'd and that no Houses were willingly burnt unless they belonged to Persons in open Rebellion and for Protections the Government granted very few having found by Experience that Protections always turn'd to his Majesties disadvantage because the Protected underhand relieve the Rebels and when they find a fit opportunity do themselves relapse However those few Protections that were granted were punctually observed and the publick Faith never violated by the Lords Justices connivance or consent and when it was discovered that the Protected did Murther stragling Soldiers and carry Powder c. to the Rebels their Passes were revoked and superseded by publick Proclamation and timely notice given them and no man suffered quatenus a Catholick or Irish-man unless he were also a Rebel as they generally were Nor ought the Remonstrants to complain even of the unjustifiable insolence of the Soldiers since all inconveniences consequential to the Rebellion and occasioned by it are justly chargeable on those that begun it And as to such Slaughters as have happened amongst the Confederates in the course of a just War and in defence and necessary Preservation of an innocent People they are no Murthers but the just Chastisements of a Religious Prince on unnatural Rebels and do not amount to the Tenth part of the number they Murdered in cold Blood and without Provocation To the Thirteenth It is strange that those who are so
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
Fitz Girald at Kilkenny Noble Sir I Am now advanced thus far on my way home after my accustomed long fruitlessâ—attendance upon the publick affairs being hopeful that in all this time some good effects would have been produced out of the forward and chearful Resolutions and Endeavours observed in you and many other Noble Persons upon your departure from hence and the good concurrence that was expected from many others well affected to a happy and speedy settlement but after Nine Weeks expectation there hath nothing occurred to my knowledge but the following particulars which I shall distinctly set down both to prevent mistakes in you and clear the aspersions that may be cast upon others 1. By Vote of the Assembly the total rejection of the Peace and of all other both publick and private overtures and undertakings that had relation thereto destroying the only possible means that could have united the Kingdom unto any hopeful way of preservation as affairs now stand in the Kings Dominions 2. A new Union Sworn grounded upon impossible undertakings if not in the Propositions themselves at least in the most material circumstances of securing them thereby excluding all hopes of Peace and setling and confirming a lasting divided Government 3. That being compassed for some seeming satisfaction to those that were drawn into it a plausible shew of some other accommodation was contrived but that being brought up to Dublin by Mr. Doctor Fennel and Mr. Geffery Barron with much assurance given by divers of all the satisfaction that such a change of resolutions could produce there appeared but a Verbal Message of some few general Heads they refusing to give it in Writing or to testify under their Hands what they acknowledgd my Lord Lieutenant took Verbatim from them neither would they assume any Power to make any particular explanations and yet earnestly demanded Resolutions with expedition This unexpected delay and continued uncertainty in such a nick of time after so many former breaches on your parts and so many warnings and true intelligence given you by others of the King 's being delivered up to the Parliament the vast Preparations by them made for Reducing this Kingdom and even those most faithful to his Majesties Service in England as forward as any to joyn therein finding themselves destroyed by the failing of the Peace here and the promised Assistance thereupon Your not long since invading and destroying the only remaining Party Obedient to the Kings Authority the small regard had by you of the approaching dangers and the divisions fomented and still encreasing amongst your selves did by an unavoidable necessity as I conceive beget a resolution in my Lord Lieutenant and those of his Party about Dublin to try some other expedient for their preservation and redemption out of the languishing starving condition they have these many Years with much patience endured and for my own part having long observed the high Affronts and Disrespects put upon my Lord Lieutenant and many other of His Majesty's Ministers and Servants and the largest proportion of Malice cast upon them when they were most industrious in the preservation of the Kingdom hath produced the like resolutions in me to try my Fortune in some other Climate since my Three Years constant expence of time health and fortune for the advantage of the publick hath gained no other recompence than to be Printed against by Declarations Books and several other Papers the Forces of other Provinces poured down upon me to destroy my whole Estate those Forces under my Command thereby inforced to Disband the Officers and all other of my Servants and Followers prosecuted and nothing of means or quarter left me to maintain a Guard of Horse for my own Person my Wife and Family readily permitted to repair to Dublin but no allowance to return all which particulars put together I leave it freely to you to judge whether it be not high time for me to depart when the voice of the Kingdom represented in the Assembly have by a clear implication in their safe conduct declared their desires therein Since my coming hither I have seen some Letters and find much confidence in many that the whole Assembly and Clergy are now united to put a full power into my Lord Lieutenants hands and to make provision for his Lordship and his Party both for subsistence and maintenance of a War to which I may not presume to frame any Judgment at so late an hour of the day but this I conceive is most certain that if it doth not appear suddenly unanimously and clearly with a full power and trust and apparent provision to make it good it will hardly be relied upon and that failing there remains nothing for me to do but in another Country to labour the perfection of Praying as well for my Persecutors as Benefactors amongst the last of which you shall be still acknowledged and remembred by Tecrogham the 15th of March 1646. Your Affectionate Friend to Serve you Clanrickard Appen XXXVIII Articles of Agreement made concluded and agreed on at Dublin the Eighteenth day of June 1647. By and between the most Honourable James Lord Marquess of Ormond of the one part and Arthur Annesley Esquire Sir Robert King Knight Sir Robert Meredith Knight Collonel John Moore and Collonel Michael Jones Commissioners from the Parliament of England on the other part Not signed till the 19th FIrst it is agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake to and with the said Arthur Annesley c. That upon the nineteenth day of this month of June he will leave or cause to be left in the possession of the said Arthur Annesley c. the City of Dublin and all the rest of the places and Garrisons in his power and under his Command and the Ordnance Artillery Amunition Magazines and Stores there and likewise it is further agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake that upon the 28. of July next he will leave or cause to be left in the possession of the said Arthur Annesley c. Or any four of them the Sword and all other Ensignes of Royalty with all other things belonging to the Lord Lievtenant or Leivtenancy of the Kingdom of Ireland that shall be demanded before the said twenty eighth day of July and that in the mean time he will not intermeddle or take upon him to Command in any of the said Garrisons or places 2. Item It is agreed and concluded and the said Arthur Annesley c. do for and in behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond in the behalf of himself and others his Majesties Subjects that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion though they have of late consented or submitted either to the Cessation of Arms or the Peace concluded with the Irish Rebels shall be
perfecting and concluding of these Articles by vertue or pretence of any Authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer than the first day of the next Parliament 33. Item It is concluded ordered and agreed by and between the said parties and his Majesty is further graciously pleased that for the determining such differences which may arise between his Majesties Subjects within this Kingdom and the prevention of inconvenience and disquiet which through want of due remedy in several causes may happen there shall be Judicatures established in this Kingdom and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do and the said Lord Lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall name the said persons so to be authorized and do all other things incident unto and necessary for the setling of the said intended Judicatures 34. Item At the instance humble suit and earnest desire of the General Assembly of the Confederate Roman Catholicks it is concluded accorded and agreed upon That the Roman Catholick Regular Clergy of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the Bodies Sites and Precincts of such Abbies and Monasteries belonging to any Roman Catholick within the said Kingdom until settlement by Parliament and that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihoods from the said Roman Catholicks and the Sites and Precincts hereby intended are declared to be the Body of the Abby one Garden and Orchard to each Abby if any there be and what else is contained within the Walls Mears or ancient Fences or Ditch that doth supply the Wall thereof and no more 35. Item It is concluded accorded and agreed by and between the said parties that as to all other demands of the said Roman Catholicks for or concerning all or any the matters proposed by them not granted or assented unto in and by the foresaid Articles the said Roman Catholicks be referred to his Majesties gracious favour and further Concessions In witness whereof the said Lord Lieutenant for and on the behalf of his most excellent Majesty to the one part of these Articles remaining with the said Roman Catholicks hath put his Hand and Seal And Sir Richard Blake Knight in the Chair of the General Assembly of the said Roman Catholicks by order command and unanimous consent of the said Catholicks in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his Hand and the publick Seal hitherto used by the said Roman Catholicks Jan. 17. 1641. and in the 24th year of the Reign of our Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. Appendix XLIV A Circular Letter from the Popish Clergy in Approbation of the Peace of 1648. SIRS AS a War undertaken principally for Religion gave us all the world over the reputation of a Catholick People even so the Peace now concluded between the Kings Lieutenant and us speak us a most Loyal Nation as complying with his Majesty in his greatest necessity though in our thoughts and occasions during these seven years Wars we have still this Loyalty and have oft publickly sworn it yet lay we under the suspicion of many men but by the present Agreement all blemish of that kind is taken away We are of opinion that our sense of this Peace would give you a confidence to receive and submit to it willingly and chearfully to which end we do hereby give you assurance we have by this Peace in the present Concessions and in the Expectations of further gracious Favours from his Majesties Goodness received a good satisfaction for the Being and Safety of Religion And the Substance thereof as to the Concessions for Religion is better than the Sound By the temporal Articles the Lives Liberties and Estates of men are provided for so as now you have a clear quarrel without thought or the least colour of suspicion for you fight purely against Sectaries and Rebels for God and Caesar and under those Banners you may well hope for Victories We do hereby pray you may with joy and much happiness wear his green Lawrel of happy Peace and so we remain Your Fathers and Servants in Christ Jesus Signed Johannes Archiepiscopus Tuamen David Ossoriens ThomasMiddens Franciscus Aladens Edwardus Limericens NicholausFernens Fa. Hugo Duacens Pat. Drumorens Andr. Finwarens Appendix XLV 13 March 1649. Remedies proposed to his Excellency for removing the Discontents and Distrusts of the People and for advancing his Majesties service presented by such of the Clergy as met at Lymerick the 8th of March 1649. and the Commissioners of Trust I. HAving joyned our selves in this meeting upon your Excellencies Summons and in compliance with your pleasure in delivering our sense how any life might be conserved in this gasping Kingdom The following considerations we thought fit to be represented to your Excellency II. It is generally thought that most of the present Distresses of the Kingdom did proceed from the want of a Privy Council as ever it was accustomed heretofore to assist the Government of this Land in War and Peace We conceive it essentially necessary that such a Council be framed of the Peers and others Natives of the Kingdom as well Spiritual and Temporal to sit with your Excellency daily and determine all weighty affairs of the Country by their Counsel The Commissioners of Trust being only instrusted for the due observation of the Articles of Peace had not the Authority of Counsellors and the affairs that intrench most upon the matters of State of the Kingdom were not their study or charge III. That there be an exact Establishment of the Forces forthwith settled and agreed on directing what numbers the Army of the Kingdom shall consist of Horse and Foot what each Province shall bear what number each Regiment Troop and Company shall consist of and laying down such Rules that no payments be made but according to the number of Forces that shall be visible and extant for service and the said establishment to be forthwith put in Execution and the said Army once established and made certain not to be multiplied or exceeded other than by solemn further establishment to be made with the consent and concurrence of the Commissioners of Trust if there be cause for it And in that Establishment a certain and sure course to be taken that all the Forces have the same assurance and the like equality of payment for all the Army And in that Establishment all preventions possible to be set down for avoiding the burthening of the People with thorough-fare