Protestant Religion and all the Brittish Professors thereof out of this Your Majesties Kingdom And to the end it may the better in some measure appear Your Suppliants have made choice of Captain William Ridgeway Sir Francis Hamilton Knight and Baronet Captain Michael Jones and Mr. Fenton Parsons whom they have employed and authorized as their Agents to manifest the truth thereof in such Particulars as for the present they are furnish'd withal referring the more ample manifestation thereof to the said Captain William Ridgeway Sir Francis Hamilton Captain Jones and Fenton Parsons or any three or more of them and such other Agents as shall with all convenient speed be sent as occasion shall require to attend Your Majesty from Your Protestant Subjects of the several Provinces of this Your Kingdom VVe therefore Your Majesties most humble loyal and obedient Protestant-Subjects casting down our selves at Your Royal feet and flying to You for succour and redress in these our great Calamities as our most gracious Soveraign Lord and King and next and immediately under Almighty God our Protector and Defence most humbly beseeching Your Sacred Majesty to admit into Your Royal Presence from time to time our said Agents and in Your great VVisdom to take into Your Princely Care and Consideration the distressed Estate and humble desires of Your said Subjects so that to the Glory of God Your Majesties Honour and the happiness of Your good Subjects the Protestant Religion may be restored throughout the whole Kingdom to its lustre that the losses of Your Protestant Subjects may be repaired in such manner and measure as Your Majesty in Your Princely VVisdom shall think fit and that this Your Kingdom may be setled as that Your said Protestant Subjects may hereafter live therein under the happy Government of Your Majesty and Your Royal Posterity with comfort and security whereby Your Majesty will render Your self through the whole VVorld a most just and Glorious Defender of the Protestant Religion and draw down a Blessing on all other Your Royal Undertakings for which Your Petitioners will ever pray c. Subscribed by the Earl of Kildare Lord Viscount Montgomery Lord Blany and many others To which they received this Answer by His Majesties Command At Our Court at Oxford the 25th of April 1644. His Majesty being very sensible of the Petitioners Losses and sufferings is ready to hear and relieve them as the Exigencie of his Affairs will permit and wisheth the Petitioners to propose what they think fit in particular for his Majesties Information and the Petitioners Remedy and future Security Edw. Nicholas Upon the reading of the Petition His Majesty was pleased to say That He knew the Contents of the Petition to be Truth APPENDIX XII Fol. 142. The Propositions of the Roman Catholicks of Ireland humbly presented to His Sacred Majesty in pursuance of their Remonstrance of Grievances and to be annexed to the said Remonstrance together with the humble Answer of the Agents for the Protestants of Ireland to the said Propositions made in pursuance of Your Majesties directions of the 9th of May 1644. requiring the same 1. Pro. THAT all Acts made against the Professors of the Roman Catholick faith whereby any restraint penalty Mulct or incapacity may be laid upon any Roman Catholicks within the Kingdom of Ireland may be repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion Answ. To the first we say that this hath been the pretence of almost all those who have entred into Rebellion in the Kingdom of Ireland at any time since the Reformation of Religion there which was setled by Acts of Parliament above eighty years since and hath wrought good effects ever since for the peace and welfare both of the Church and Kingdom there and of the Church and Kingdom of England and Protestant party throughout all Christendom and so hath been found wholesom and necessary by long experience and the repealing of those Laws will set up Popery again both in Jurisdiction profession and practice as that was before the said Reformation and introduce among other inconveniencies the Supremacy of Rome and take away or much endanger Your Majesties Supream and just Authority in Causes Ecclesiastical Administration of honour and power not to be endured the said Acts extending as well to seditious Sectaries as to Popish Recusants so as by the repeal thereof any man may seem to be left to chuse his own Religion in that Kingdom which must needs beget great confusion and the abounding of the Roman Clergy hath been one of the greatest occasions of this late Rebellion besides it is humbly desired that Your Majesty will be pleased to take into Your gracious consideration a Clause in the Act of Parliament passed by Your Majesties Royal Assent in England in the 17th year of Your Raign touching punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Pro. That Your Majesty will be pleased to call a free Parliament in the said Kingdom to be held and continued as in the said Remonstrance is expressed and the Statute of the 10th year of King Hen. 7. called Poyning's Acts explaining or enlarging the same be suspended during that Parliament for the speedy settlement of the present Affairs and the repeal thereof be there further considered of Answ. VVhereas their desire to have a free Parliament called reflecteth by secret and cunning implication upon Your Majesties present Parliament in Ireland as if it were not a free Parliament we humbly beseech Your Majesty to present how dangerous it is to make such insinuation or intimation to your people of that Kingdom touching that Parliament wherein several Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of high nature as we humbly conceive is not properly to be dismissed but in Parliament and Your Majesties said Parliament now sitting is a free Parliament in Law holden before a person of honour and fortune in the Kingdom composed of good loyal and well-affected Subjects to Your Majesty who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the True Protestant Religion and for Your Majesties service and the good of the Church and State that if this present Parliament should be dissolved it would be a great terrour and discontent to all Your Majesties Protestant Subjects of the Kingdom and may be also a means to force many of Your Majesties Subjects to quit that Kingdom or peradventure to adhere to some other party there in opposition of the Romish Irish Confederates rather than to be liable to their power which effects may prove of most dangerous consequence and we humbly offer to Your Majesties consideration Your own gracious Expression mentioned in the grounds and motives inducing Your Majesty to agree to a
Town Let him be sent to another Province County or Town where he may be safely kept and with less danger or loss of others remain 13. Whosoever shall be declared in one County or Province Adversary or Traitor of this Cause and Country shall likewise be held and punished in other Countries and Provinces where he shall be found and such as receive or favour him or be his Messengers knowing his misdemeanour shall be liable to such punishment as the Traitor himself 14. We Command and Ordain as a main point pertaining to this Union that no Province County City Town or Person whatsoever shall demand Peace or submit himself to the Enemies without the consent of the general Council of the whole Kingdom and that under pain of Excommunication to be incurred ipso facto and for further force of this Statute to be observed We will that in every Province a firm Oath be taken by the Peers Nobility Corporation and commonalty of every Province and thereupon a Publick and Authentical Instrument be made And that every Province do send into every other Province an Instrument subscribed with the proper hands of such as have taken this Oath for the assurance of their Oaths and whosoever shall refuse to take this Oath let him be held as Adversary of the common Cause and of the Kingdom and let him be punished as such as hereafter shall be declared except he be excused for the Reasons hereafter to be set down 15. The Ordinaries of every place The Preachers Confessors Parish-Priests and other Churchmen shall endeavour to see perfect peace and charity observed between Provinces Counties Cities and Families as the obligation of this Union requireth 16. Such Goods as well moveable as unmoveable pertaining to Catholicks as were recovered from the Enemies by this present War shall be restored to their former owners Provided that such necessary and reasonable charges shall be paid as the next general or Provincial Council or Commitees of the County where the Parties dwell shall decree 17. Whereas diverse persons do diversly carry themselves towards this Cause some with helps and supplies do assist the Adversaries others with Victuals and Arms others with their Advice and Authority supporting as it were the contrary Cause some also as Neuters behaving themselves and others lastly neglecting their Oath do forsake the Catholick Union and Cause We do therefore declare and judge all and every such as do forsake this Union do fight for our Enemies accompany them in their War defend or in any other way assist them as giving them Weapons Victuals Counsel or Favour to be Excommunicated and by these Presents do Excomunicate them Provided that this present Decree shall be first published in every Diocess respectively and having received admonition before hand which shall supply the treble admonition otherwise requisite and we do hereby declare so it be made in a place where it may easiy come to the knowledge of those whom it toucheth But as touching the Judgment and Punishment of the Neuters we leave it to the Ordinaries of every place respectively so that the Ordinaries themselves be not contrary to the Judgment and Opinion of this Congregation in which cause we Commit power to the Metropolitans or Archbishops to proceed against such Ordinaries according to the common course of Law wherein they are to be very careful and speedy and if the Metropolitans be found herein careless or guilty let them be lyable to such punishment as is ordained by the holy Canons and let them be accused to the See Apostolick 18. We Ordain and Decree that all and every such as from the beginning of this present War have invaded the Possessions of Goods as well moveable as unmoveable spiritual or temporal of any Catholick whether Irish or English or also of any Irish Protestant being not Adversary of this Cause and do detain any such Goods shall be Excommunicated and by this present Decree we do Excommunicate them if admonished they do not amend and with the like censure we do bind such as henceforward shall invade or detain such Goods and not only them but also all and every such as shall keep Lands or Possessions against publick authority as also such as favour or assist them therein And we declare involved in this censure all and every of them who directly or indirectly hinder or forbid to pay their due Rents unto such as have possessed the said Lands from the beginning of this War and such likewise as without the License of such Possessors do take or extort Rents or equivalent payment from the Tenants of such Possessors under colour of paying Souldiers therewith or otherwise 19. We command all and every the Churchmen as well Secular as Regular not to hear the Confessions of the aforesaid Excommunicated persons nor to Administer unto them the Holy Sacrament under pain of Excommunication ipso facto 20. VVe will and declare all those that Murther Dismember or grievously Strike all Theives unlawful Spoilers Robbers of any Goods Extortors together with all such as favour receive or any ways assist them to be Excommunicated and so to remain until they compleatly amend and satisfie no less then if they were namely Proclaimed Excommunicated and for satisfaction of such Crimes hitherto committed to be enjoyned we leave to the discretion of the Ordinaries and Confessors how to absolve them 21. Tradesmen for making Weapons or Powder brought into this Countrey or hereafter to be brought in shall be free from all Taxations and Customs as also all Merchants as shall transport into this Countrey such wares as are profitable for the Catholick Cause as Arms and Powder may lawfully traffick without paying any Custom for Commodities brought out of this Kingdom or transported hither of that kind and let this be Proclaimed in all Provinces Cities and Towns 22. We think it convenient that in the next National Congregation some be appointed out of the Nobility and Clergy as Embassadours to be sent in the behalf of the whole Kingdom unto the Kings of France and Spain to the Emperour and his Holiness and those to be of the Church Prelates or one of the Nobility and a Lawyer 23. We will and ordain that Ordinaries Dignitaries and other Properietors of Church livings with the assistance of the Colonel or some other prime Gentleman of the County Barony or Parish as the Ordinary and Dignitaries or Proprietors shall appoint do set unto Tenants the Lands Houses Tenements and Tithes and other Church livings and let competent means be appointed for the maintainance of the said Ordinaries Dignitaries and Proprietors and the rest to be appointed for the Souldiers until it be otherwise ordained 24. Collectors and Receivers of the Rents of Church-livings shall be appointed by the Ordinaries with the consent of the Proprietors in the presence of the chiefest Gentlemen of every County Barony or Parish respectively 25. The Ordinaries and other Proprietors of Church-livings may take unto themselves the Houses Tenements and
who shut up the said places and other passages and ways to his Majesties Justice and Mercy from his Majesties well-affected Subjects of this Kingdom for the Exaltation therefore of the holy Roman Catholick Church for the advancement of his Majesties Service and the preservation of the Lives Estates and liberties of his Majesties true Subjects of this Kingdom against the Injustice Murders Massacres Rapes Depredations Robberies Burnings frequent breaches of Quarter and publick Faith and destruction daily perpetrated and acted upon his Majesties said Subjects and advis'd contriv'd and daily exercis'd by the said malignant Party some of them managing the Government and Affairs of State in Dublin some other parts of this Kingdom to his Highness great disservice and complying with their Confederates the malignant Party in England and elsewhere who as it is manifest to all the world do complot and practice to dishonour and destroy his Majesty his Royal Consort the Queen their Issue and the Monarchal Government which is of most dangerous consequence to all the Monarchs and Princes in Christendom The said Assembly doth order and establish a Councel by name A Supream Council of the Confederate Catholicks of Ireland who are to consist of the number of 24. to be forthwith nam'd by the Assembly whereof 12 at the least to be forthwith nam'd shall reside in this Kingdom or where-else they shall think expedient And the members of the said Council shall have equal Votes and two parts of the three or more concurring present Votes to conclude and no fewer to sit in Council than 9 whereof 7 at least are to concur And of the 24 a President shall be nam'd of the Assembly who is to be one of the twelve resident and if in case of his death absence or sickness the rest of these who shall be resident may name a Vice-president of the 24. And the said Council shall have the Power and preheminence following viz. The Lords Generals and all other Commanders of Armies and Civil Magistrates and Officers in the several Provinces shall observe their Orders and Decrees and shall do nothing contrary to their directions and shall give them speedy advertisement and account of their proceedings and actions with as much expedition as may be That the said Council shall have power to order and determine all such matters as by this Assembly shall be left undetermined and shall be recommended unto them and their Orders therein to be of force until the next Assembly and after until the same be revoked That the said Council shall have Power and Authority to do and execute all manner of Acts and things conducing to the advancement of the Catholick Cause and the good of this Kingdom and concerning this VVar as if done by the Assembly And shall have power to hear and determine all matters Capital Criminal or Civil except the Right or Title of Land That the Generals and other Commanders of Armies and all Governors and civil Magistrates and all other persons within this Realm shall obey the Orders and Decrees of the said Council touching the present Service That the Council shall have for their Guard the number of 500 Foot and 200 Horse to be equally extracted out of the Armies of the four Provinces 5. Item It is further ordered and establish'd that in every Province of this Kingdom there shall be a Provincial-councel and in every County a County-councel the Provincial-councel to be compos'd of the number of two of each County and the said Provincial-councel shall chuse a President for themselves 6. That the Provincial-councel shall sit four times a Year and oftner if there be cause for it That they shall have power and Authority to renew or reverse the Judgment of the County-councel the party complaining entring Security De adjudicat ' solvend ' And shall during the trouble have power to hear and determine all matters of the Crown as Judges of Oyer and Terminer and Gaol-delivery were wont to do so that no Spiritual person be present at the determining matters of blood And shall have power to hear and determine all civil Causes and to establish Rents and Possessions so that they meddle not with the Title of Land other than in case of Dower and Joynture And the Sheriffs Provincial-generals and all Commanders of the Armies in case of Disobedience are respectively required to execute the Decrees and Orders And in case of Debts and Accounts great consideration is to be had of the disabilities of Creditors occasion'd by the VVar. 7. Item In every County there shall be a County-councel consisting of one or two of each Barony at the Election of the County and where there are no Baronies the Councel of such County to consist of the number of 12. And the said County-council shall have power and Authority in all points as Justices of the Peace to hear and determine all the matters concerning the Offices of the Justice of Peace and all matters of the Crown happening within every such County and the Delinquent may if he please have his Trial in the Province and to hear and determine Debts Trespasses and personal Demands and to do all things as Justices of the Peace were accustomed to do and to restore and establish possessions taken by force or fraud since these troubles And likewise to take a special care that Tenants and Farmers be kept to their Farms where they were used and to be preserv'd from Extortion and Oppression And that Trades Tradesmen Manufactures Agriculture and Husbandry be maintained and duly kept 8. Item In Cities and Towns Corporate Justice is to be done and the Laws executed as is accustomed 9. Item In every County there shall be Coroners High-Sheriffs High-Constables and petty-Constables and Gaolers who are to do their respective Offices as accustomed the High-Sheriff to be confirm'd or nominated by the Supream Council and the High-Sheriff is required to execute the Commands Orders and Decrees of the Provincial and County-council 10. Item In every County the High-Sheriff shall be Provost-Marshal and shall have power to execute a Layman not worth 5 l. and none other for Murther Man-slaughter Burglary Theft Robbery or other capital Offence provided the party to be executed may have 24 hours time to prepare his Soul And that the Supream and Provincial-council shall and may name more Provost-Marshals as they shall think expedient qualified with the like Authority 11. Item It is further order'd that no Temporal Government or Jurisdiction shall be assumed kept or exercised in this Kingdom or within any County or Province thereof during these troubles other than is before expressed except such Jurisdiction and Government as is or shall be approv'd by the General Assembly or the Supream Council 12. Item It is further order'd that whosoever hath enter'd since the first day of October 1641. or shall hereafter during the continuance of the War in this Kingdom enter into the Lands Tenements or Hereditaments at or immediately before the first day of
Ireland or England 2. That the secular Clergy of Ireland viz. Primates Archbishops Bishops Ordinaries Deans Deans and Chapters Archdeacons Prebendaries and other Dignitaries Parsons Vicars and all other Pastors of the secular Clergy and their respective Successors shall have and enjoy all and all manner of Jurisdictions Priviledges Immunities in as full and ample manner as the Roman Catholicks secular Clergy had or enjoy'd the same within this Realm at any time during the Reign of the late H. 7. sometimes King of England and Lord of Ireland any Law Declaration of Law Statute Power and Authority whatsoever to the contrary notwithstanding 3. That all Laws and Statutes made since the 20th year of King H. 8. whereby any Restraint Penalty Mulct Incapacity or Restriction whatsoever is or may be laid upon any of the Roman Catholicks either of the Clergy or of the Laity for such the said free Exercise of the Roman Catholick Religion within this Kingdom and of their several Functions Jurisdictions and Priviledges may be repeal'd revoked and declared void by one or more Acts of Parliament to be pas'd therein 4. That all Primates Archbishops Bishops Ordinaries Deans Deans and Chapters Archdeacons Chancellors Treasures Chaunters Provosts Wardens of Collegiate Churches Prebendaries and other Dignitaries Parsons Vicars and other Pastors of the Roman Catholick secular Clergy and their respective Successors shall have hold and enjoy all the Churches and Church-Livings in as large and ample manner as the late Protestant Clergy respectively enjoy'd the same on the first day of October in the year of our Lord 1641. together with all the Profits Emoluments Perquisits Liberties and the Rights to their respective Sees and Churches belonging as well in all Places now in the possession of the Confederate Confederate Catholicks as also in all other places that shall be recovered by the said Confederate Catholicks from the adverse Party within this Kingdom saving to the Roman Catholick Laity their Rights according to the Laws of the Land And that the Supreme Council the legitimate issue of the General Assembly might look with the better face of Authority they fram'd to themselves a Seal bearing the mark of a long Cross on the right side whereof a Crown and a Harp on the left with a Dove above and a flaming Heart below the Cross and round about this Inscription Pro Deo pro Rege Patria Hibernia unanimis with which they seal'd their Credentials to Princes and under that Seal pass'd their principal Acts of Sovereignty Having now modell'd themselves into a separate State confronting his Majesties Royal Government setled in Dublin ordering in their Supreme Council at Kilkenny in the said Province of Leimster all their Affairs Civil and Military through the whole Kingdom As to War they had their Forces under the Conduct of four well experienc'd Generals before mentioned answering the several Provinces of Leimster Munster Connaght and Ulster Giving out Letters of Mart An Example of which together with the Authority they assum'd notwithstanding his Majesties Proclamation of the 1st of January 1641. we shall hear give you at large By the Supreme Council of the Confederate Catholicks of Ireland TO all Men to whom this Present shall come We the Supreme Council of the Confederate Catholicks of this Realm send Greeting Know ye That we have taken into our serious consideration the great and necessary use we have of Ships of War for the defence of the Coasts of this Realm and advancement and furtherance of Commerce with Foreign Nations and for opposing his Majesties Enemies who daily hinder and annoy his Majesties good Subjects of this Kingdom by Sea and stop all free Trade in this Realm and abroad have therefore constituted and appointed and do hereby ordain constitute and appoint our well-beloved Friend Captain Francis Oliver Native of Flanders having received good testimony of his sufficiency and integrity to be Captain of the Ship called St. Michael the Archangel of burthen 120 Lasts or Tuns or thereabouts hereby giving and granting unto the said Captain full and absolute Power Commission and Authority to furnish the said Ship with all Necessaries fit for Sea and War and with the same to cross the Seas and take hinder and prejudice all such as he shall find or meet of His Majesties Enemies the Enemies of the General Catholick Cause now in hand in this Kingdom their Ships and Goods whatsoever either by Sea or Land by what means soever and the said Shipping or Goods to set to sale and dispose of as lawful Prizes and open Enemies Goods saving unto his Majesty and his lawful Officers and unto all other Person or Persons Bodies Politick and Corporate all Rights Requisites and Duties due or usual answered out of all Prizes And we hereby command all Officers of all our Ports Harbours and Havens within our Jurisdiction throughout this Realm to admit the said Captain Francis Oliver and his Companies Ships and Goods from time to time to pass and repass come and go without molestation or trouble And that all Commanders of Forts and all other Officers of his Majesties loving Subjects to be aiding and assisting unto him in execution and furtherance of the Premisses whatsoever and as often as occasion shall require And lastly we pray all Foreign Princes States and Potentates to defend protect assist and favour the said Captain his Ships and Goods when and as often as he shall come into their respective Coasts and Harbours This our Commission to continue during pleasure Given at Kilkenny the last of December 1642. Was signed Mountgarret Hugo Armachanus Gormanston Johan Episc. Clonfertensis Nic. Plunket Patr. Darcy James Cusack Jeffry Brown And as to Civils they had their Officers of State Justices of Oyer and Terminer and of the Peace with their Courts of Judicature in several kinds and Councils Supreme County Provincial and on occasion National this being as Parliamentary called their General Assembly They had their Negotiations also abroad and from abroad and by Envoys Agents and publick Ministers Extraordinary and Resident they receiv'd the sense of other Princes and return'd their own being also by those Princes treated at home in like manner as if they had been some State absolute or more considerable of which read the Appendix All the subsequent Acts being derived from the Orders establish'd at Kilkenny the 24th of October 1642. By what I have mention'd you may see how the Rebels endeavour'd to get credit abroad and repute at home managing their Concerns with so much subtilty as having them anvil'd in every Covent nothing was omitted to mature their designs or colour what they had now begun with the fairest pretence whilst the State in the interim through the distractions in England daily increasing which gave fresh fuel to the Rebels presumption were so straitned for want of Supplies that the Lords Justices having by all the ways imaginable represented as well to his Majesty as to the Parliament the miserable condition they
Ja. Ware God save the King An Abreviate of the Articles of Peace concluded by the Marquiss of Ormond Lord Lieutenant of Ireland Commissioner for the King and the Lord Mountgarret President of the Supream Council the Lord Muskery Sir Robert Talbot Dermot O Brian Patrick Darcy Jeffery Brown and John Dillon Esquires Commissioners for the Irish. 1. THat the Professors of the Roman Catholick Religion in the Kingdom of Ireland or any of them be not bound or obliged to take the Oath of Supremacy expressed in the second of Queen Elis. commonly called the Oath of Supremacy 2. That a Parliament may be held on or before the last day of November next and that these Articles agreed on may be transmitted into England according to the usual Form and passed provided that nothing may be passed to the Prejudice of either Protestant or Catholick Party other then such things as upon this Treaty shall be concluded 3. That all Acts made by both or either Houses of Parliament to the Blemish or Prejudice of his Majesties Roman Catholick Subjects since the 7th of August 1641. shall be vacated by Acts of Parliament 4. That no Actions of Law shall be removed before the said Parliament in case it be sooner called then the last of November And that all Impediments which may hinder the Roman Catholicks to sit in the next Parliament shall be remov'd before the Parliament sit 5. That all Debts do Stand in state as they were in the beginning of these Troubles 6. That the Plantation in Connaght Kilkenny Clare Thomond Tipperary Limrick and Wickloe may be revoked by Act of Parliament and their Estates secur'd in the next Sessions 7. That the Natives may erect one or more Inns of Court in or near the City of Dublin they taking an Oath as also one or more Universities to be Govern'd as his Majesty shall appoint as also to have Schools for Education of Youth in the Kingdom 8. That Places of Command of Forts Castles Garrisons Towns and other Places of Importance and all Places of Honour Profit and Trust shall be conferr'd with equal Indifferency upon the Catholicks as his Majesties other Subjects according to their respective Merits and Abilities 9. That 12000 l. Sterling be paid the King yearly for the Court of Wards 10. That no Peer may be capable of more Proxies then two And that no Lords Vote in Parliament unless in 5 years a Lord Baron purchase in Ireland 200 l. per anum a Viscount 400 l. and an Earl 600 l. or lose their Votes till they purchase 11. That the Independency of the Parliament of Ireland on the Kingdom of England shall be decided by Declaration of both Houses agreeable to the Laws of the Kingdom of Ireland 12. That the Council Table shall contain itself within its bounds in handling Matters of State as Patents of Plantations Offices c. and not meddle with matter betwixt Party and Party 13. That all Acts concerning Staple or Native Commodities of this Kingdom shall be repeal'd except Wooll and Woollfels and that the Commissioners the Lord Mountgarret and others named in the 26 Article shall be Authoriz'd under the Great Seal to moderate and ascertain the rates of Merchandize to be exported and imported 14. That no Governor be longer Resident then his Majesty shall find for the good of his People and that they make no purchase other then by Lease for the Provision of their Houses 15. That an Act of Oblivion may be passed without extending to any who will not accept of this Peace 16. That no Governor or any other Prime Minister of State in Ireland shall be Farmers of his Majesties Customs 17. That a Repeal of all Monopolies be passed 18. That Commissioners be appointed to regulate the Court of Castle-Chamber 19. That Acts Prohibiting Plowing by Horse-tails and burning of Oats in the Straw be repealed 20. That Course be taken against the Disobedience of the Cessation and Peace 21. That such Graces as were promised by his Majesty in the Fourth year of his Reign and sued for by a Committee of both Houses of Parliament and not express'd in these Articles may in the next ensuing Parliament be desir'd of his Majesty 22. That Maritine Causes be determin'd here without Appeal into England 23. That the increase of Rents lately rais'd upon the Commission of defective Titles be repeal'd 24. That all Interests of Money due by way of Debt Mortgage or otherwise and not yet satisfi'd since the 23. of Octob. 1641. to pay no more than 5l per Cent. 25. That the Commissioners have power to determine all Cases within their Quarters until the perfection of these Articles by Parliament and raise 10000 Men for his Majesty 26. That the Lord Mountgarret Muskery Sir Dan. O Bryan Sir Lucas Dillon Nich. Plunket Rich. Bealing Philip Mac-Hugh O Relie Terlogh O Neal Thomas Flemming Patrick Darcy Gerald Fennel and Jeffery Brown or any five of them be for the present Commissioners of the Peace Oyer and Terminer and Gaol-Delivery in the present Quarters of the Confederate Catholicks with power of Justice of Peace Oyer and Terminer and Gaol-Delivery as in former times of Peace they have usually had 27. That none of the Roman Catholick Party before there be a Settlement by Parliament Sue Implead or Arrest or be Sued Impleaded or Arrested in any Court other than before the Commissioners or in the several Corporations or other Judicatures within their Quarters 28. That the Confederate Catholicks continue in their Possessions until Settlement by Parliament and to be Commanded by his Majesties Chief Governour with the advice and consent of the Commissioners or any Five of them 29. That all Customs from the perfection of these Articles are to be paid into his Majesties Receipt and to his use as also all Rent due at Easter next till a full Settlement of Parliament 30. That the Commissioners of Oyer and Terminer and Gaol-Delivery shall have power to hear and determine all Offences committed or done or to be committed or done from the 15th day of September 1643. until the first day of the next Parliament Thus the Marquess having perform'd all on his part that could be expected from him and was in his power to do and having receiv'd from other Parts all the assurance he could require there being no other way of engaging the publick Faith of the Nation than that to which they had so formally engaged themselves to him in he intended nothing then but how his Majesty might speedily receive some fruit of that Peace and Accommodation he thence expected by sending assistance to him And to that purpose with advice and upon invitation of several Persons who had great Authority and Power amongst the Confederate Catholicks the Lord Lieutenant took a Journey himself to Kilkenny where he was receiv'd with that Respect and Reverence as was due to his Person and to the Place he held and with such expressions of Triumph and Joy as gave him cause
Ireland in confusion And when he had with less success than formerly issued his Excommunication the 27th of May 1648. against all those who complied with the Cessation with the Lord Inchiquin he was compelled in the end after so much mischief done to the Religion he was obliged to protect in an obscure manner to fly out of the Kingdom and coming to Rome had an ill Reception of the Pope Temerariè te gessisti said he with which and the Fate of Fermo in his absence he soon after died Nor indeed had any of those Apostolick Nuncios in Ireland much better Fate Nicholas Sanders an English-man An. 1579. was sent Nuncio by Gregory the 13th who wander'd in the Mountains of Kerry and was there starv'd under a Tree Owen Mac Egan alias Eugenius O Hegan of Irish Birth Vicarius Apostolicus under Clement the 8th was slain leading a Troop of 100 Horse against the Loyalists An. 1602 3. And because the impudent Injustice and Imprudence of the Nuncio and the lame Subjection of the People to his immoderate Pride and Haughtiness was in truth the real Cause or rather Fountain from whence this torrent of Calamities flowed which hath since over-whelmed that miserable Nation and because that exorbitant Power of his was resolutely opposed by the Catholicks of the most eminent Parts and Interests and in the end though too late expelled by them it will be but Justice to the Memories of those noble Persons briefly to collect the sum of that unhappy Person 's Carriage and Behaviour from the time that he was first design'd to that Imployment And in doing hereof no other Language shall be used than what was part of a Memorial delivered by an honourable and zealous Catholick who was intrusted to complain of the in-sufferable Behaviour of the Nuncio to the Pope himself which runs in these very words speaking of the Nuncio He declar'd before he left Rome That he would not admit either in his Company or Family any Person of the English Nation In his Voyage before he arrived at Paris he writ to his Friends in Rome with great joy the News though it prov'd after false that the Irish Confederates had treacherously surprized the City of Dublin while they were in truce with the Royal Party and treating about an Accommodation and Peace Arriving at Paris where he shut himself up for many months he never vouchsafed I will not say to participate with the Queen of England any thing touching Nunciature or in the least degree to reverence or visit her Majesty save only one time upon the score of Courtesie as if he had been sent to her Enemies not Subjects Being arrived in Ireland he imployed all his Power to dissolve the Treaty of Peace with the King which was then almost brought to perfection and his diligence succeeded of which he valued himself rejoyced and insulted beyond measure In his Letters he writ to Paris which were after shewed to the Queen and he may truely say that in that Kingdom he hath rather managed the Royal Scepter than the Pastoral Staff and that he aim'd more to be held the Minister of the supream Prince of Ireland in Temporalibus than a Nuncio from the Pope in Spiritualibus making himself President of the Council he hath managed the Affairs of the supream Council of State he hath by his own Arbitrement excluded from it those who did not second him though by Nobleness of Birth Allegiance Prudence and Zeal to Religion they were the most honourable of these he caused many to be imprisoned with great scandal and danger of sedition and in short he assumed a distributive Power both in Civil and Military Affairs giving out Orders Commissions and Powers under his own Name subscribed by his own Hand and made Authentick with his Seal for the government of the Armies and of the State and Commissions for Reprizals at Sea He stroke in presently after his Arrival in Ireland with that Party of the Natives who are esteemed irreconcilable not only to the English but to the greatest and best part of the Irish Nobility and of the same People to the most civil and most considerable of that Island And the better to support that Party and Faction he hath procured the Church to be furnished with a Clergy and Bishops of the same temper excluding those Persons who are recommended by the Queen who for Doctrine and Vertue were above all exceptions all which is contrary to what your Holiness was pleas'd to promise The Queen was not yet discouraged but so labour'd to renew the Treaty of Peace already once broke and disorder'd by Monsieur Rinuccini that by means of her Majesty it was not only re-assumed but in the end after great disputes and oppositions on his part the Peace was concluded between the Royal Party and the Confederate Catholicks and warranted not only by the King's Word but also by the retention of Arms Castles and Forts and of the Civil Magistrates with the possession of Churches and of Ecclesiastical Benefices and with the free exercise of the Catholick Religion And all this would have been exhibited by a publick Decree and authentick Laws made by the three Estates assembled in a free Parliament By this Peace and Confederacy they would have rescued themselves from the damages of a ruinous War have purchased security to their Consciences and of their temporal Estates honoured the Royal Party and the Catholicks in England with a certain restitution and liberty of the King whereon depended absolutely the welfare of the Catholicks in all his Kingdoms the Catholick Chair had quitted it self of all Engagements and Expence with Honour and Glory This Treaty of Peace on all sides so desirable Monsieur Rinuccini broke with such violence that he forced the Marquess of Ormond the Vice-Roy of Ireland to precipitate himself contrary to his inclination and affection into the arms of the Parliament of England to the unspeakable damage of the King and of the Catholicks not only of Ireland but also of England He incensed the greatest and best part of the Catholick Nobility and rendred the venerable Name of the holy Apostolick Chair odious to the Hereticks with small satisfaction to the Catholick Princes themselves of Europe as though it sought not the spiritual good of Souls but a temporal Interest by making it self Lord over Ireland And when the Lord Digby and the Lord Byron endeavour'd on the Marquess of Ormond's part to incline him to a new Treaty of Peace he did not only disdain to admit them or to accept the Overture but understanding that the Lord Byron with great danger and fatigue came to Town in the County of Westmeath where he was to speak with him he forced the Earl that was the Lord of it to send him away contrary to all Laws of Courtesie and Humanity in the night-time exposed to extraordinary inconveniencies and dangers amongst those distractions protesting that otherwise he himself would immediately depart the Town By
to the hazard of our lives those Rebels of this Kingdom who shall refuse their obedience to his Majesty upon such terms as he hath thought fit by us to require it and we shall endeavour to the utmost the suppressing of that Independent-Party who have thus fiercely laboured the extirpation of the true Protestant Religion the ruine of our Prince the dishonour of Parliament and the Vassalage of our Fellow-Subjects against all those who shall depend upon them or adhere unto them And that this our undertaking might not appear obnoxious to the Trade of England but that we desire a firm Union and Agreement be preserved betwixt us we do likewise declare that we will 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 money 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 given of his Majesties acceptation or of the estimation we bear about us towards their Proceedings 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 lest 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 Judgment 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 qualifi'd 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 fervour 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 onely 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 employ'd 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 Subsistance 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 welfare of the People intrusted to our Care At Cork 6. Octob. 1648. Here it must not be forgotten that during the time the Marquis was in France and after the Parliaments Forces had upon so great inequality of number defeated the Irish and in all Encounters driven them into their Fastnesses the Confederate Catholicks had easily discern'd the mischiefs they had brought upon themselves by forcing the Kings Authority out of the Kingdom and introducing another which had no purposes of mercy towards them And therefore they had sent the Lord Marquis of Antrim who from the beginning had passionately serv'd them in their most intimate Concerns the Lord Viscount Muskery and others as their Commissioners to the Queen of England and to her Son the Prince of Wales who were both then at Paris to beseech them since by reason of the King's imprisonment they could not be suffered to apply themselves to his Majesty to take compassion of the miserable condition of Ireland and to restore that Nation to their protection making ample professions and protestations of Duty and of applying themselves for the future to his Majesties Service if they might be once again own'd by him and countenanced and conducted by his Authority And thereupon the Queen and Prince answered those Persons That they would shortly send a Person qualifi'd to treat with them who should have power to give them whatsoever was requisite to their security and happiness With which Answer they return'd well satisfi'd into Ireland So that as soon as the Lord Lieutenant was Landed at Cork he wrote the 4th of October to the Assembly of the Confederate Catholicks then at Kilkenny That he was upon the humble Petition which they had presented to the Queen and Prince come with full power to conclude a Peace with them and to that purpose desir'd that as little time might be lost as was possible and that Commissioners might be sent to him at his House at Carrick whither he would go to expect them within 14 miles of the Place where the Assembly then sate who were so much gladder of his presence by the obligation which they had newly received from the Kings Authority For when the Nuncio and Owen O Neil had thought to have surprized them and to have compelled them to renounce the Cessation the Lord Inchequin being sent unto by them for his protection had march'd with his Army to their relief and forc'd O Neal over the Shannon thereby restoring them to liberty and freedom so that they return'd a message of joy and congratulation to the Lord Lieutenant for his safe arrival and appointed Commissioners to treat with him at the place appointed A Copy of the Marquis of Ormond's Letter to the Supreme Council afore-mention'd was gotten by Colonel Jones and sent over to the Committee of Derby-house and being read in the House of Commons it was Voted to be sent down into the Isle of Wight to the Commissioners then Treating there with the King to know if he would avow it and in case he did disavow it that then he would declare against
Lieutenant-General of the Army with a strong Party of Horse to pursue Jones his Horse which were sent for Tredagh which he did so successfully that he surprized one whole Troop and afterwards encountred Colonel Chidley Coot in the head of 300 Horse whereof he slew many and routed the rest who in great disorder fled to Tredagh The Lord Inchequin presently sent advertisement of this success and that he had reason to believe that if he pursued this advantage and attempt the Town while this terror possessed that Party he should make himself Master of it whereupon in respect of the great importance of the Place the reduction whereof would produce a secure correspondence with and give encouragement to the Scots in Ulster who made great professions in which they were ever free of Duty to the King and had now under the conduct of the Lord Viscount Montgomery of Ards driven Sir Charles Coot into the City of London-derry and upon the matter beleagu'd him there the Lord Lieutenant by the advice of the Council of War approved the Lord Inchequin's Design and to that purpose sent him two Regiments of Foot and two Pieces of Artillery and such Ammunition and Materials as could be spared wherewith he proceeded so vigorously that within 7 days he compelled the besieged to yield to honourable Conditions so reduced Tredagh to the Kings Obedience after he had been twice beaten off the Town having not above 600 Men who had spent all their Ammunition left to defend so large a circuit some of which afterwards revolted to the Marquess and Colonel Coot with 150 Horse and near 400 Foot march'd to Dublin There was now very reasonable ground for hope that the Parliaments Party would quickly find themselves in notable streights and distresses when it was on a suddain discover'd how very active and dexterous the spirit of Rebellion is to reconcile and unite those who were possessed by it and how contrary soever their Principles and Ends seem to be and contribute jointly to the opposing and oppressing that Lawful Power they had both equally injured and provoked The Parliament Party who had heap'd so many Reproaches and Calumnies upon the King for his Clemency to the Irish who had founded their own Authority and Strength upon such foundations as were inconsistent with any toleration of the Roman Catholick Religion and some write so bitter are their Pens even with Humanity to the Irish Nation and more especially to those of the old Native Extraction the whole Race whereof they had upon the matter sworn to an utter extirpation And Owen O Neal himself was of the most antient Sept and whose Army consisted onely of such who avowed no other cause for their first entrance into Rebellion but Matter of Religion and that the Power of the Parliament was like to be so great and prevalent that the King himself would not be able to extend his Favours and Mercy towards them which they seem'd to be confident he was in his gracious disposition inclined to express and therefore professed to take up Arms against the exorbitant Power onely of them and to retain hearts full of Devotion and Duty to his Majesty and who at present by the under-hand and secret Treaties with the Lord Lieutenant seem'd more irreconcilable to the Proceedings of the General Assembly and to the Persons of those whom he thought govern'd there then to make any scruple of submitting to the Kings Authority in the Person of the Marquess to which and to whom he protested all Duty and Reverence These two so contrary and dis-agreeing Elements had I say by the subtile and volatile spirit of Hypocrisy and Rebellion the Arts of the time found a way to incorporate together and Owen O Neal had promised and contracted with the other that he would compel the Lord Lieutenant to retire and draw off his Army from about Dublin by his invading those Parts of Leimster and Munster with his Army which yielded most yea all the Provisions and subsistance to the Marquess and which he presumed the Marquess would not suffer to be spoil'd and desolated by his Incursions for the better doing whereof and enabling him for this Expedition Colonel Monk Governor of Dundalk who was the second Person in Command amongst the Parliaments Forces had promised to deliver to him out of the stores of that Garrison a good quantity of Powder Bullet and Match proportionable for the fetching whereof Owen O Neal had sent Farral Lieutenant General of his Army with a Party of 500 Foot and 300 Horse At that time Tredagh was taken by the Lord Inchequin who being there advertised of that new contracted friendship resolved to give some interruption to it and made so good hast that within few hours after Farral had receiv'd the Ammunition at Dundalk he fell upon him routed all his Horse and of the 500 Foot there were not 40 escaped but were either slain or taken Prisoners and got all the Ammunition and with it so good an Account of the present state of Dundalk that he immediately engaged before it and assisted by the Lord of Ards who a little before had been chosen by the Presbyterian Ministers their Commander in Chief thereby possessing himself of Carrigfergus and Belfast in two days compelled Monk who would else have been delivered up by his own Souldiers to surrender the Place where was a good Magazeen of Ammunition Cloath and other Necessaries for War most of the Officers and Souldiers with all alacrity engaging themselves in his Majesties service though the Governor Shipt himself for England and landing shortly after at Chester he went immediately to Bristol where Cromwel the Parliaments Lord Lieutenant was then to come for Ireland who receiv'd him very courteously but after he had remain'd some days there advised him to go up to the Parliament to give them satisfaction in the Cessation he had made with Owen Roe O-Neal the 8th of May 1649. which he did And the business of that Cessation being brought into the House it was much resented and after some debate more then ordinarily had on other occasions several severe Votes passed against it onely Colonel Monk being conceived to have made it out of a good intent for preserving the Interest of the Parliament was held to be clear and not thought fit hereafter to be question'd But this was taken as a fair way of laying him aside whereupon Colonel Monk retir'd to his own Estate unhappy onely in being the Instrument of their preservation who were not sensible of his Merits And now that all Parties might be kept entire the Marquess of Ormond publishes a Declaration upon Instructions from the King design'd purposely for Ulster AFter my hearty Commendations upon some Representations that have been lately made unto us we have thought fit to send you down the ensuing Instructions First That so far as your Power extends you cause every Person without distinction who have submitted to his Majesties Authority
to offer his Assistance that if he had known any Person had been intrusted there with his Majesties Authority he would have addressed himself unto him and no other And that he finding his Lordship invested with that Power did what he knew his Master expected at his hands apply himself unto him with and by whose Direction he would alone steer himself through that Negotiation He told him the Duke had already disbursed 6000 Pistols for the supplying them with those things he heard they stood most in need of which were brought over by a Religious Parson who came with him and that he was ready to be informed of what they would desire from his Highness that might enable them to resist their Enemy and that he would consent to any thing that was reasonable for him to undertake Hereupon the Lord Deputy appointed a Committee of the Commissioners of Trust together with some Prelates to confer with the Ambassador to receive any Overtures from him and to present them with their Advice thereupon unto him They met accordingly and receiv'd the Propositions from the Ambassador but they were so disagreeable to the professions he had made of respect to the King and indeed so inconsistent with the Kings Honour and Interest as there was great reason to suspect that they proceeded rather from the Encouragement and Contrivance of the Irish then from his own temper and disposition and this was the more believ'd when instead of returning the Propositions to the Lord Deputy they kept the same in their own hands put out some of those who were appointed by him to be of the Committee and chose others in their Places and proceeded in the Treaty without giving the Deputy an Account of what was demanded by the Ambassador or what they thought fit to offer unto him Of all which the Deputy took notice and thereupon forbade them to proceed any further in that way and restrain'd them unto certain Articles which he sent them which contain'd what he thought fit to offer to the Ambassador and gave them Power onely to Treat Notwithstanding his positive Direction they proceeded in that Treaty with the Ambassador and sent an Advice to the Lord Deputy to consent unto the Articles propos'd by him since they said he would not recede from what he had proposed and that it was much better to submit to the same then that the Treaty should be broken off The Lord Deputy as positively declared that what was demanded was so derogatory to the Honour of the King his Master and destructive to his Interest as he would never agree to it and resolved presently to leave the Town And when the Ambassador sent to him to desire to see him and take his leave of him he absolutely refused and sent him word That he would never pay his Civility to or receive it from a Person who had so much swarv'd from the Propositions made by himself and who had presumed to make Propositions so dishonourable to the King his Master and he believ'd so contrary to the good Pleasure of the Duke of Lorraign And that he would send away an Express to the Duke to inform him of his Miscarriage and he presumed he would do Justice unto the King upon him When the Prelates saw that no obstinacy in the Ambassador nor Importunity from them could prevail with the Lord Deputy to shew what influence they had upon that Treaty they perswaded the Ambassador to consent to the same Propositions he had formerly no doubt by the same Advice rejected and thereupon to make the sum formerly disbursed by the Duke at his coming out of Flanders full 20000 l. and the Lord Deputy sent a couple of Gentlemen into Flanders to Treat further with the Duke of Lorraign according to such Commissions and Instructions as he gave them The Bishop of Ferns about the same time left Ireland and came likewise to Bruxels and having without the Privity of the Lord Deputy receiv'd some secret Trust and Delegation from the Prelates of Ireland and Credit from them to the Duke of Lorraign he quickly interessed himself in that Treaty and took upon him the greatest part in it and that which he said was the sence of the Nation He reproach'd the Persons imployed and trusted by the Lord Deputy with all the Proceedings which had been in Ireland by the consent of the Confederate Catholicks inveighed against their opposing the Nuncio and appealing against the Excommunication issued out by him he told them and all this by a Letter under his hand that he was clearly of opinion That the Excommunication was just and lawful and that the greatest Statesmen Souldiers Citizens and People disobeying and now obstinate are and were delivered to Satan and therefore forsaken of God and unworthy of Victory and of his Holy Blessing And thereupon he said he did with all sincerity and charity offer his own humble opinion what was to be done by them which was to the end the Agreement they were making with his Highness the Duke of Lorraign might become profitable to the Nation and acceptable in the eyes of God that they would immediately with humble hearts make a Submission unto his Holiness in the name of the Nation and beg the Apostolical Benediction that the light of Wisdom the Spirit of Fortitude Vertue Grace Success and the Blessing of God might return again to them He told them the necessity of doing this was the greater for that the Person from whom they came with Authority the Marquess of Clanrickard the Lord Deputy was for several causes Excommunicated a jure Homine and that he was at Rome reputed the great Contemner of the Authority and Dignity of Churchmen and a Persecutor of the Lord Nuncio and some Bishops and other Churchmen And after many rude and bitter reproaches against the Deputy he used these words Do you think God will prosper a Contract grounded upon the Authority of such a man and shortly after he said that if the Duke of Lorraign were rightly informed of the Business he would never enter upon a Bargain to preserve or rather restore Holy-Religion in the Kingdom with Agents bringing their Authority from a withered cursed Hand And then concluded for my part upon the denial to hear my humble Prayers which I hope will not happen I will withdraw my self as a man dispairing of any fruit to come from an unfound Trunk where there is no Sap of Grace And am resolved to communicate no more with you in that Affair but rather to let the Prince know he was building his Resolutions of doing good upon an unhallowed foundation and that God therefore unless himself will undertake to obtain an Absolution for the Nation will not give him the Grace to lay down the Lapis Angularis of his own house again in that Kingdom This Letter bare date at Bruxels the 20th of July 1651. the Persons to whom it was directed being then in the same Town What
former rebellious courses not so much as having to this time offered any assistance to this State or any the Governors or Commanders of the Army and have murdered many English and other Subjects in several parts it being observed that if any of his Majesties good Subjects Souldiers or others pass by not strongly guarded they are set upon and murthered in the High-ways and passages as they travel the very Plowmen and those that keep Cattle having continually Arms lying by them in the Fields to murther those his Majesties good Subjects when they find them weakly guarded and on the other side when they find them strongly guarded they seem to go on in their Plowing and Husbandry shewing those Warrants for their safety and seeming to be poor innocent and harmless Labourers And although the aforesaid open Rebels were frequently in some of their Houses and continually round about them they never gave us any intelligence concerning the proceedings of those open Rebels nor of the places where they had often meetings and where they might be found to be fallen on by his Majesties Army which they might easily have done if their affections to his Majesty and his Government had been such as by the Laws of God they ought to be or if they desired to live humbly in obedience to the Laws as some of them pretend And albeit in many of the said VVarrants there were conditions expressed and in all of them Conditions implyed that the parties taking benefit thereby should behave themselves as becomes dutiful and Loyal Subjects whereby We might justly proceed to their deserved Correction without any violation on Our parts of the said VVarrants or the word thereby given And albeit also that most of those VVarrants were not in themselves Protections to the parties further than in giving them leave to bring or send Corn and other provisions to the Markets whereby their Servants or Horses or Provisions should not be seized on by the Souldiers when they came to the Markets which admittance fell out as well for their benefit as intended for the furnishing of the Market Yet because We find that the further continuing of those VVarrants do now appear inevitably to induce a great inconvenience to his Majesties General Service and many of those people do either ignorantly or perhaps purposely mistake the true sense and meaning of those VVarrants and do give out to interpret them to be Protections granted to them for the safety of their Lives and Estates how foul soever they are in their crimes which is an interpretation that cannot justly be made out of the letter or meaning of those VVarrants yet in regard We who are entrusted here by His Majesty for the government of this His Kingdom and People are so tender of His Majesties Honour as VVe neither have done nor will do anything that by any construction can be interpreted a Breach of any word given by Us neither have desired or willingly permitted any violence or hurt to be done to any Inhabitant or any prejudice other than for the necessary Defence and safety of this State and other His Majesties good Subjects against those that tookup Arms against His Majesty And for that we are now necessitated to resolve not to suffer this State to be any longer deluded and abused and His Majesties good Subjects murthered even as it were in our own view in scorn and affront of the State and some of the actors passing with impunity under countenance of these VVarrants VVe think fit before we proceed to the just Correction of those who have so declared themselves Enemies to the Peace of this Kingdom hereby to publish and declare that the said VVarrants so granted by Us the Lords Justices or either of Us or by Us the Lords Justices and Councel or by the said Lieutenant General of the Army or by the said late or present Commanders of the Forces of this City or by any His Majesties Commanders in Drogheda or other places to any person or persons within the Baronies of Castle-knock Nethercrois Balrothery or Coolock in the County of Dublin or within the Baronies of Duleeke Skryne Moyfenragh Ratoath Deece and Dunboyne in the County of Meath shall from and after the four and twentieth day of this Month stand void and be annulled repealed and revoked and we do hereby accordingly from and after the said day revoke repeal make void and annul them and every of them to all intents and purposes as if they had never been granted and do order that from and after the said day they be of no force nor derive any benefit Protection or Security in the parties to whom they were granted And this Proclamation we hereby require the Major and Sheriffs of the City of Dublin to cause to be proclaimed and published on two Market-days in and throughout the said City and Suburbs and to be publickly fixed up in the Market-place and other publick places in the said City and Suburbs that so all men may take notice thereof and that hereafter when by the power and strength of his Majesties Army Offenders receive due punishment they may appear inexcusable and not have any colour to pretend the least Breach of word in this State Given at his Majesties Castle of Dublin the 10. of June 1642. Ormond Ossory Roscomon Ad. Loftus J. Temple Tho. Rotherham Fra. Willoughby Tho. Lucas Ja. Ware Geo. Wentworth Rob. Meredith God save the King This relates to what is mentioned in the end of the second Paragraph Fol 102. Justifying the State in the revoking of Protections given contrary to their Order and the Abuse the Protected made thereof By the Lords Justices and Council W. Parsons Jo. Borlase WHereas in the beginning of this hideous and detestable Rebellion We the Lords Justices and Council desirous if it might be to give some sudden stop thereunto so to prevent the spreading thereof and the growth of it to that height to which it hath sithence risen and conceiving that at that time the multitude were by evil Council or false rumors seduced to partake in that Rebellion who not knowing the truth and depth of the Combination We did think could not so wretchedly fail in their Duty and Loyalty to their most Gracious King and Soveraign as so universally to persist in their course of Disobedience to his Majesties Authority but would with treatable and fair admonitions laying before them their great danger and the iniquity of their enterprise have returned to their obedience We therefore on the 27th of October last authorised divers persons of quality and trust for the several Counties of Down Antrim Armagh Monaghan Cavan Tirone and Fermanagh amongst other Powers then entrusted with them to parly with the Rebels or any of them and by Proclamation or otherwise to proffer his Majesties Grace and Mercy to them or any of them and to receive such of them into his Majesties Grace and Mercy as should submit themselves and desire the same Yet We held fit
Answers they had Humbly offered pretending not to be Judges but submissive Petitioners for what was committed to their Charge APPENDIX XIII Fol. 144. The Humble Propositions of your Majesties Protestant Agents of Ireland in pursuance of the humble Petition of your Majesties Protestant Subjects as well Commanders of your Majesties Army there as others presented to your Majesty the 18th day of April 1644. and answered by your Majesty the 25 of the same 1. WE most humbly desire the Establishment of the true Protestant Religion in Ireland according to the Laws and Statutes in the said Kingdom now in force 2. That the Popish Titular Arch-Bishops Bishops Jesuits Friers and Priests and all others of the Roman Clergy be banished out of Ireland because they have been the stirrers up of all Rebellion and while they continue there there can be no hope of safety for your Majesties 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 may 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 the Destruction 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 Felonie or other heinous Crimes may be duly and legally proceeded against outlaw'd tried 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 Major 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 suppress'd and restrain'd from practice in that Kingdom the rather because the Lawyers in England do not here practice 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 Confederates 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 ruin'd and destroy'd by the said Confederates may be repair'd for their great losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise dispos'd of whereby they may the better be enabl'd to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may rebuild the several Plantation-Houses and Castles destroy'd 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 Majestie out of the Estates of Your Majesties Protestant Subjects at and since Michaelmas 1641. may be paid unto Your Majestie by such of the said Confederates who have either receiv'd the said Rents to the uses of the said Confederates or destroy'd 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 discharg'd of all such Arrears of Rents to Your Majestie 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 rais'd Forces at their own Charges and laid forth great sums of Money out of their own Purses and engag'd themselves for Money and Provisions to keep themselves their Holds and Souldiers 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 Brittish and Protestants upon reasonable and honourable Terms 14. That one good walled Town may be built and kept repair'd in every County of the said Kingdom of Ireland and endow'd and furnish'd 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 VVar 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 Murther or Covert Act of Treason 16. That all Your Majesties Towns Forts and places of strength destroy'd by the said Confederates since the said Rebellion may be by them and at their Charges re-edified and deliver'd up into Your Majesties hands to be duly put into the Government under Your Majestie 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 deliver'd 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
reflected on their own security and their Religion in hope that though they adhered to the Parliament who at that time had shaken off the Regal Power whereunto they never assented there might yet be a possibility through a Change to reinvest all again in the Royal Line with a Preservation in the interim of themselves and their Religion which were like wholly to be ruin'd by a joint compliance with the Confederates Fol. 265. l. 25. was Light And had he done otherwise his Provost Marshal's Commission being grounded on the King's Proclamation of the first of January 1641. to prosecute the Rebels with Fire and Sword and by Orders of the State forbidden also to allow any Quarter to those whom they found in Arms especially all Priests known Incendiaries of the Rebellion and prime Actors of exemplary Cruelties might have been brought to have answer'd his Contempt at a Councel of VVar. Fol. 282. l. 25. Power touching the Articles of the Rendition of which some Questions have risen especially about Waterford In as much as Ireton in vindication thereof published There this Manifest by way of Warning to such as he intended to free the City of which I am the willinger to insert for that the Behaviour of the Inhabitants the Nature of the Place and the Genius of the Irish devoted to Superstition are hereby more clear and significant WHEREAS upon the Rendition of the City of Waterford to the State of England Articles of Agreement between Commissioners on my part and others of theirs for and on the behalf of the Soldiers and Citizens of VVaterford it was agreed and concluded amongst other things that all the Inhabitants of the said City should have liberty to carry away their Goods to what place they please within this Dominion or beyond the Seas within the space of three Months and should have them protected for their use in the mean time paying equal Contribution with the rest of their Neighbours And that such of them as should desire and be thought fit to stay should enjoy their Goods there or dispose of them otherwise during their stay paying the like Contribution and when they should desire or have warning to depart should have three Months time from the warning given on their part for the removal of what they have remaining with safe conducts answerable in the several cases aforemention'd respectively as in the 7th Article of the said Agreement is exprest I have now thought fit to give them warning to depart according to the intent of the said Article whereof all the Inhabiters that then were and yet are within the said City and have not had such warning personally otherwise are hereby to take notice of it from the tenth day of February instant at their perils and though no other reason need be given for the doing of a thing so consonant to and agreeing with both the letter and declared intention of the Article yet for more full and clear satisfaction to all that desire it I think it not amiss to publish and declare the reasons inducing me to it as followeth First I held my self bound in discharge of that trust I have from them I serve to put all places of strength now within our power into such a posture and condition before our taking the Field as that I may through the blessing of God give a good account of them to those that have intrusted me And this I thought I could not do without timely giving of such warning to the people of this City who by their principles and practices at least for the most part do appear so far disaffected to us and the Cause and Interest we serve in and so unlikely to be faithful and trusty to us if we should trust them to stay there especially considering that there is yet no Castle or Cittadel whereby that City can be secured from being in the power of the people that inhabit it without leaving great numbers of Soldiers to overpower them I need not say much to demonstrate their unfitness to be in such a case confided in by us their actions speaking so loud and large as they do to that purpose telling us they are our Enemies witness their practices all the time of this VVar but more especially in their carriage of late As to the first all know and they cannot be ignorant that the City of Waterford hath been one of the chief places in this Dominion which hath maintain'd and upheld the trade of Piracy upon the English both by receiving the Goods so taken by others from the English and thereby much encouraging those Thieves and Robbers in their wicked Practises and also by setting forth and maintaining Ships or Frigats of their own for the same Pyratical trade To their carriage of late especially since our endeavouring the reducement of the place their continued obstinacy even almost to utmost extremity and their refusing all overtures made to them for returning them to their due obedience and delivery up of that place upon good terms for themselves even when it was in their own power to have done it having no Garrison at all in it to over-power them till they received one from the Enemy and fetch'd it in with their own Boats from the other side of the River in view of our Army then treating fairly with them are sufficient arguments of their unfitness to be trusted by us in so much power of betraying such a place to the party they so much adhere unto in their judgments and affections And to this purpose I shall desire them but to remember what was offered by the Lord Lieutenant and refused by them when we came first against the City and what trouble hazard and expence they have put us to then and since As also what was offered by us a second time in the Treaty at Dunkit and by the Letters proceeding that occasion'd it And how it was received by them as some of them yet present in the City acting then as Commissioners in the name of the rest well know And how at last they necessitated us to march down with our whole Army and Artillery against them before they would deliver and we have no reason to think they had delivered then but the extremity of sickness and want of provisions together with their own fears of danger induced them to it seeing us come prepared in every respect through God's blessing to have forc'd them if they had not yielded And whether persons that do their utmost to the last in holding out a place against us upon such an account as they did be fit to be let stay in that place with us where they may have such opportunities of betraying it when the Army may be ingaged at a remote distance I leave to all rational men to judge considering we are free by the Articles to turn them out upon due warning A further ground leading me to conclude them unfit to be trusted by us in such a case
and in the power of such a place is the consideration of those principles in their Religion owned and pursued by the people of this Nation more evidently than in many others and so by them in that City tending in endless violence injustice falshood and treachery towards us whereever they find opportunity as That Faith is not to be kept with Hereticks which in their sense are all persons not of their Religion but that at least where the keeping of it is to the prejudice and the breaking of it may be of advantage to the Catholique cause it may be broken and any thing in a manner is lawful to be done for the advantage of that Cause at least if it be with the allowance or dispensation of their Ghostly Fathers And how dangerous and unsafe it is to keep persons of such differing and destructive principles to the Cause and Interest we serve in such places of strength and so much in the power of the Inhabitants I wish them only to make it their own case and then judge And though such principles be denied or disowned in the expressions of some yet sure I am nothing hath been more clear in the practices of the generality of the people of that Religion in this Nation as appears in the several times of their Rebellion against the lawful authority which God had set over them to whom they have several times sworn to be true and faithful and as often broke their faith and obligations as engaged and especially in this Rebellion by the Murders and Massacres of so many innocent English Protestants in the beginning of it living in peace and Trust quietly by them And that this is still their practice suitable to such principles I desire those that question it but to look upon the late actions of many of those that upon their fair professions to us and our trust in them for faithfulness or at least for innocent and peaceable demeanors towards us have received protection from us who notwithstanding do most of them make it their daily business to do us all the mischief they can wherever they see an opportunity and for that purpose do harbor entertain and encourage those many Tories in every corner that otherwise durst not come into our Quarters nor could subsist in them undiscovered or do that mischief as they do and escape yet from all our Forces and Garrisons in every corner ready to pursue them but that as they are assured and find the protected people are friends to them and in their hearts Enemies and false to us notwithstandstanding all their professions to the contrary nay many of the protected people themselves upon every slight occasion or ground of hope of doing mischief to us do frequently run from their Habitations join with the Enemy in Arms and deliver up their Castles to them And though for the shame and ill consequences of such principles to themselves if owned and profest by them many do disclaim any such opinions yea perhaps from the sence of those evil consequences may in their present and private Judgments condemn them yet whilst they hold entire communion with that Catholick Church as they account it which maintains or holds forth the same and implicitly resolve their private judgments into the belief or determination of that Church or however do own and adhere to a power both forreign and adverse to us in their Pope and Clergy which they acknowledg can bind and lose their consciences without limitation It must needs follow that upon the determinations or allowance of that Church or the injunctions or absolutions of that power they must when it comes to trial unless they will renounce that Communion and Dependance account themselves not only absolvable thereby from all obligations of humane right or duty towards us to the contrary but also obliged by an higher bond and duty to answer and pursue any Injunctions of that CHURCH or power in any ways of violence and treachery towards us which for the upholding or advancement thereof shall be required or warranted thereby and they shall see any opportunity for Now though these and many more such considerations and experiences may suffice both to justifie us in and awaken us to the providing for security to our selves and our Cause against such a generation by all ways to which in common Justice we are free as by this warning out these Inhabitants in this case and not to trust them in so visible a power and opportunity to betray or hurt us as their continuance in that City beyond the period of this warning they would have yet in humanity and our common Christian charity we cannot but pity Men so miserably blind-folded and captivated in delusions as the generality of them appear and heartily wish and pray that neither they nor any other might any longer be so and we do not desire their hurt or prejudice further than justice and necessity for our own and the publick safety do require and therefore even in this warning given we have not only consulted the justice and necessity leading to it but also the conveniency of time as to them for doing of it that it might be at such a season as might be most convenient or least prejudicial to them also which I judge the time of the period of this warning to be in regard that being in the beginning of May it is the most fitting season for persons in such conditions to provide for themselves either by hiring or building themselves places of Habitation in some parts near adjoyning to be allotted them for that purpose or to march if they so desire it by Land or take a Voyage by Sea to those places unto which they shall desire to go And that all may see who do not wilfully shut their eyes that our end is not to ruin them and inrich our selves but only to act in order to publique safety and security I do resolve where I can find a sufficient Character or mark of distinction concerning any person or persons that have not had a hand in the first years Rebellion and Massacres or have discovered themselves to be Friends to the Interest and People of England or have not been known to have been eminently active in the prosecution of the War or holding out of that City against us to difference them by favour and respect shewn from others and in all other cases wherein mercy and favour may be shewed without prejudice to publick justice and safety I do intend it and particularly in that of Orphans and Aged and decrepid people and Widdows whose condition is the most to be pitied in regard many of them may not be able to help themselves but if they should be turned out with the others immediately might suffer much by it I shall therefore take the best care and course I can for them to prevent any of those inconveniences that may otherwise fall upon persons in their conditions and to do for them
she my Brother the Earl of Antrim hath taken the Castle and City of Dublin having lately moved thither for the same purpose and not to please the Dutchess as was given out and my brother Alexander mac Donnell according to the general Appointment hath taken the Town and Castle of Carrickfergus He the Deponent then asked what they meant to do with those whom they had disarmed and pillaged She said as long as their preservation should be deemed consistent with the publick safety they should injoy their lives when otherwise better their enemy perish than themselves which was but a very cold comfort to a Freshman prisoner as my self was And also said That Sir Phelim O Neil told this Deponent in December last that his stock in money amounted to 80000 sterling wherewith he said he was able to maintain an Army for one year though all shifts else failed And that Captain Alexander Hovenden told him that as soon as his brother Sir Phelim was created Earl of Tyron and great O Neil he wrote Letters and sent them by Friars to the Pope and Kings of Spain and France but would not discover the Contents And further saith That about the first of March last the said Alexander told the Deponent that the Friars of Drogheda by Father Thomas brother to the Lord of Slane had the second time invited Sir Phelim thither and offered to betray the Town unto him by making or discovering the Deponent knoweth not whether a breach in the Wall through which he might march six men a breast The Deponent saw this Friar the same time in Armagh whom Sir Phelim took by the hand and brought to the Deponent saying This is the Friar that said Mass at Finglass upon Sunday morning and in the Afternoon did beat Sir Charles Coote at swords I hope said the Friar to say Mass in Christ-Church Dublin within eight weeks And further Deposed that he this Deponent asked many both of their Commanders and Friars what chiefly moved them to take up Arms They said Why may not we as well and better fight for Religion which is the Substance than the Scots did for Ceremonies which are but Shadows and that my Lord of Strafford's Government was intolerable The Deponent answered That that Government how insupportable soever was indifferent and lay no heavier upon them then on him and the rest of the Brittish Protestants They replied That the Deponent and the rest of the Brittish were no considerable part of the Kingdom and that over and above all this they were certainly informed that the Parliament of England had a plot to bring them all to Church or to cut off all the Papists in the Kings Dominions in England by the English Protestants or as they call them Puritans in Ireland by the Scots And further deposeth That he asked as seeming very careful of their saftety what hope of Aid they had and from whom as also what discreet and able men they had to imploy as Agents to their Friends beyond the Sea They said if they held out this next Winter they were sure and certain in the Spring to receive Aid from the Pope France and Spain and that the Clergy of Spain had already contributed five thousand Arms and Powder for a whole year then in readiness They said their best and only Agents were their Priests and Friars but especially the forenamed Paulo Neil upon whose coming with advice from Spain they presently opened the War and that since the War began in the very dead of Winter he both went with Letters and returned with Instructions from Spain in one Month professing the good Cause had suffered much prejudice if he had been hanged in Dublin And this Deponent further saith That he demanded why sometimes they pretended a Commission from the King at other times from the Queen since all Wisemen knew that the King would not grant a Commission against himself and the Queen could not They being Commanders and Friars said That it was lawful for them to pretend what they could in advancement of their Cause That many of the Garrison Souldiers now their Prisoners whom they determined to imploy in the War and to train others would not serve them in regard of their Oath unless they were made so to believe That in all Wars rumours and lies served many times to as good purpose as Arms and that they would not disclaim any advantage But they said for the Queen in regard as a Catholick she had enemies enough already they would command their Priests publickly at Mass to discharge the people from speaking of her as a Cause or Abetter of the present Troubles And the Deponent also asked Sir Phelim O Neil what his demands were without which his Lordship and the rest would not lay down Arms At first he told this Deponent That they required only Liberty of Conscience But afterwards as his Power so his Demands were multiplied They must have no Lord Deputy great Officers of State Privy Councellors Judges or Justices of Peace but of the Irish Nation no standing Army in the Kingdom all Tythes payable by Papists to be paid to Popish Priests Church Lands to be restóred to their Bishops All Plantations since primo Jacobi to be disannulled none made hereafter no payments of debts due to the Brittish or restitution of any thing taken in the Wars all Fortifications and Strengths to be in the hands of the Irish with power to erect and build more if they thought fit all Strangers meaning Brittish to be restrained from coming over all Acts of Parliament against Popery and Papists together with Poynings Act to be repealed and the Irish Parliament to be made Independent But saith that others told him this Deponent that although all these Demands were granted yet Sir Phelim for his own part was not resolv'd to lay down Arms unless his Majesty would confirm unto him the Earldom of Tyrone with all the ancient Patrimony and Priviledges belonging to the O Neils And further saith that in March 1641. Alexander Hovenden by Sir Phelim's direction sent from the Camp before Drogheda a Prophecy said to be found in the Abbey of Kells importing that Tyrone or Sir Phelim after the Conquest and Settlement of Ireland should fight five set Battels in England in the last whereof he should be killed upon Dunsmore-heath but not before he had driven King Charles with his whole Posterity out of England who should be afterwards profugi in terra aliena in aeternum The Paper it self with the Deponents whole Library to the value of seven or eight hundred pounds was lately burnt by the Scots under the Conduct of the Lord Viscount Montgomery since that Prophecy the Deponent saith he hath often seen Captain Tirlagh mac Brian O Neil a great man in the County of Armagh with many others no mean Commanders drinking Healths upon the knee to Sir Phelim O Neil Lord General of the Catholick Army in Ulster Earl