remainder of English but by a Peace We find his Majesty being deluded by the first and believing the last to be conducing to the preservation of his Majesties Protestant Subjects is concluding of a Peace which will again admit those Irish Rebels to be Members of Parliament so that that Court which should afford relief for our Grievances will by their over-swaying Votes be our greatest Grievance Moreover we are too truly informed by divers of their own Party whose names if we should publish would be as great an ingratitude as folly the first in betraying those that obliged us the last in depriving our selves of all future Intelligence by them that they have vowed never to submit to an English or Protestant Government except they have liberty to exercise their Religion in Churches That the Forces of the Kingdom may be Train'd-Bands of their Men and that likewise those of their own Religion may be admitted to Places of Trust in the Common-wealth which they call modest and moderate demands though we hope they cannot seem so to any but themselves and their Clergy who we find do not think them enough being they may not have all their Church-Livings For we have certain intelligence that they have made a strong Faction as well among my Lord of Castlehaven's Soldiers as in all other parts of the Kingdom so that they are five parts of six who will fly out into a new action when they see a convenient time to execute their design which as yet they determine to forbear until they see a Peace concluded supposing that then the Lord Lieutenant of Ireland will intermix Irish and English without distinction to oppose the Scots and that by that means there will be a sufficient number of their Party in our Garrisons to master them which when they find an opportunity for they will certainly seize into their own hands upon notice whereof the Faction abroad will with all expedition apprehend the English in all parts and having accomplished this part of their design they will manifest that they are weary of the King of England's Government and that they will trust none of his Protestant Subjects among them for we are certainly informed that they will invite a Forreign Prince to take them into his protection unto whom they will deliver possession of what he pleases and will become his Subjects And lest that Princes Treasure should be exhausted by Wars in other places the Clergy have with the Pope's assistance raised amongst those of their own Calling and divers of the Gentry in Italy one hundred thousand pounds in money and a quantity of Arms and Ammunition that are now ready to be sent hither and they have employed one Doctor Duyer to go forthwith thither for it as also to get his Holiness to settle a course for the raising of more Money to be employed for the advancement of that which they call the Catholick Cause Therefore out of a true sense of our injuries already suffered and un-redressed with a right apprehension of inevitable ruine not onely to our Lives and Estates but likewise to the English Nation and Protestant Religion we have re-assum'd our Arms according to our Duty to God our King and Countrey with inviolable resolution to die or frustrate this devillish design And since those that die acting for the Gospel are as perfect Martyrs as those that die suffering for it we cannot but with joy embrace any effect that proceeds from so glorious a Cause Neither can this act be esteemed a crime in us since his Majesty upon the Rebels first Insurrection his Treasure being exhausted gave his Royal assent for the passing of an Act of Parliament wherein he granted to all his Subjects that would adventure money towards reducing of the Rebels Lands proportionable to the sum adventured which would fall to the Crown when the Conquest should be finished And the better to secure the Adventurers his Majesty obliged himself to make no Peace with the Rebels but with the advice and approbation of the Parliament of England and by that Act communicated to the Parliament that Power which before was solely in himself So that they not condescending to this Peace our imploying of their Aids and re-assuming of those Arms put into our hands by King and Parliament joyntly cannot be esteemed contradictory to his Majesty in regard that their joynt Act is so absolutely binding that neither of them severally can annull it as is evident in the Laws of the Realm Therefore if this War were onely Offensive yet even slander it self must acknowledge us innocent having so just a Cause so pious an Intention and so lawful an Authority much more it being Defensive and the Law both of God and Nature allowing every one to defend himself from violence and wrong Moreover the King must never expect any obedience from the Irish but what proceeds either from their Interest or Fear Through the first of these neither his Majesty or we can hope for assurance for not granting them all their desires their Interest which is more powerful with them than their Loyalty will make them throw off their subjection and to become absolute not scruple to destroy us Then to expect any security by their fears were frivolous for though we have found their Hearts as ill as their Cause yet they cannot be apprehensive of 2 or 3000 ill armed and unprovided men having all things necessary and so numerous a People at their devotion And lest our Enemies should scandalize us with breach of Faith in violating the pretended Cessation or with Cruelty in expelling the Irish Papists from our Garrisons who hitherto seemed adhering to us Concerning the first we declare That although our necessities did induce us to submit supposing the Cessation would have produced other effects as is before mentioned yet we had no power without Authority from King and Parliament joyntly to treat or yield to it or if it had been in our powers yet by the Rebels daily breaches of it we are disengaged from it Concerning the second we declare That our Garrison cannot be secured whilst so powerful and perfidious Enemies are in our bosomes Powerful being four to one in number more than the English Perfidious in their constant designs to betray us some whereof we will instance to convince their own Consciences and satisfie the World of our just proceedings One Francis Matthews a Franciscan Frier being wonderfully discovered in an Enigmatical Letter and as justly executed before his death confessed that he had agreed to betray the City of Cork to the Lord of Muskery which must necessarily infer that the chiefest and greatest part of that City were engaged in this Conspiracy for otherwise he could not so much as hope the accomplishment And if this had taken effect it had consequently ruin'd all the Protestants in the Province of Munster that being our chief Magazine and greatest Garrison Besides upon this occasion other Friers being examin'd upon Oath confessed that in
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
insequutus est cum multis sequalibus in Lagenia vero se adjunxerant Jacobus Vice-Comes de Baltinglass cum Kavanachiis Briniis aliis Nobilibus illius Provinciae visa est magnis piis Principibus Causa Dei tractari quia pro fide bellum susceptum intellexerunt Copias etiam auxiliares transmiserunt sed propter Delicta seculi irritus fuit Conatus Deo tunc non decernente speratum Bellatoribus effectum tribuere quem in aliud tempus pro alia Generatione aliis Instrumentis modis parandum reservavit atque ita difflatum est Consilium illud dissiluit in partes opus coeptum ipsum infaeliciter dissolutum est neque enim in illa Commotione transire ad refrigerium nostrum voluit Dominus 3. Illa vero Geraldinorum commotione sic praetervecta successit ignis omni late devastans dum flamma ferroque omnia populatur Comes Tyronensis plusquam decennali bello intercipiens hujus Insulae quietem multa visus prospere aggredi multis etiam congressibus victor sed nonnullis victoriis infolescens exercitus tametsi Cohortium antesignari ipse Gubernator Dactor exercitus causam praetulerit honorificam restituendae Religionis nec ullam vellet capitulationem admittere cum Anglis in qua Primario non ageretur De fide Orthodoxa publicè stabilanda per universum regnum quia Tamen via violentia tunc exercita non erat secundum propositum Dei efficax hinc peccatis Hominum irato Numine frustra se exerebant vires Hominum 4. At King James's access to the Crown Waterford Cork and Limerick in Munster Kilkenny and Wexford in Lemster openly oppos'd the King's Title as not being a Catholick but were soon brought into obedience by the Lord Deputy Mountjoy 5. Within four years after the Lord Chichester Deputy Tyrone and O Donnel conspiring with Mac-guire Cormack O Neal O Cahan the Lord Delvin and others design'd a notable Rebellion but were prevented in May 1607. and an Act of Attainder past Anno 11 12 13 Jacobi Cap. 4. 6. The year following Anno scil 1608. Sir Doghertie's War succeeded sharp though short determining in five months encourag'd by the Priests That all who died in that Service went forthwith into Heaven Afterwards the State of Ireland seemed very happy both as to Improvement of Land Plenty and Peace till the year 1634. that Ever Mac-Mahon before mention'd discover'd an intended Plot which by the prudence of the Governour the Lord Wentworth never arriv'd at its design nor afterwards was any thing further suspected till Sir Henry Vane by his Majesties command K. C. 1. gave the Lords Justices the 16th of March notice of a suspected Rebellion of which with its circumstances we have already insisted Though we must say that the result of the former Conspiracies which by the blessedness of the Times prudence of Governours or other accidents were delayed in this Anno sc. 1641. met the accomplishment of them all Yet nothing was here attempted which the bleeding Iphigenia the great Incendiary of that Nation doth not passionately justifie it being in his Divinity and Logick rational That the Irish though not then visibly assaulted might however assume Arms in defence of their Religion and Property both threatned it being writes he a common Doctrine of Divines That it is lawful to prevent an evil that cannot be otherwise avoided than by preventing it nor need the authority of the Prince in that case be required A Doctrine so hellish as none certainly is so besotted but he may easily read therein the ruine of States and Kingdoms excellently answered by the Learned and accurate late Proselyte Dr. Andrew Sal to whom in this point we must refer you And as to matter of Fact bequeath you to the ensuing History clearly evidencing That before the Irish assumed Arms no Instrument was ever thought on much less found against them Formerly indeed it hath been strongly imputed to the State of England that conquering Ireland they did not also endeavour to make them one People holding them Enemies not taking care to settle Civility and a Property amongst them the cause as some thought of frequent Rebellions But though these and some other defects in the Civil Policy some think are inexcusable it may clearly be demonstrated they were not of so large a size as they are mark'd And it may appear by antient Records that the Laws of England were at first communicated to the meer Irish as far as their Barbarism and Cruelties exercis'd on occasions upon the English would well admit But to let these times pass whereof we cannot speak much with any certainty let us now see what fruits we have of all the Royal endeavours of his Gracious Majesty and his two Glorious Predecessors what return for all their Care for all their Charge and for all the English Blood which hath within the compass of the last Age been spilt for purchasing of Peace and introducing of the true Religion and common Civility into Ireland It cannot be denied that since the happy Reign of Queen Elizabeth all the former defects in the Government and Civil Policy have been abundantly supplied and all those Means us'd those Acts perform'd those Designs fully accomplish'd and all things else perfectly brought to pass which in the judgement of all wise Men were conceiv'd would undoubtedly effect the full settlement and reduction of that Kingdom As first The barbarous Customs continually us'd by the Irish have been quite abolished all sorts of People even the most wicked amongst them have been allowed the benefit of the Law and liv'd under the King 's immediate Protection all the Laws of England found useful for that Kingdom have been made currant by Act of Parliament in Ireland many other good Laws enacted and the execution of them hath had free course through all parts of the Kingdom the Courts of Justice have been open and the Judges for the more free distribution of Justice to the People have constantly twice every year gone their Circuits through the several Counties of the whole Land the Church-Government hath been fully setled many preaching Ministers generally plac'd throughout the several Parishes as likewise Free-Schools together with sufficient Maintenance for them have been establisht the Lands belonging to the Natives have been always duely setled according to Law in the Proprietor and what noise soever was rais'd entituling the Crown to Roscommon Mayo Slego Galloway Clare besides some parts of Limerick and Tipperary as one of the Master-pieces of the Earl of Strafford's Service in Ireland nothing was ever effected thereupon though it had cost his Majesty 10000 l. upon the enquiry and had they had patience till the next Sessions of Parliament there was an Act for Limitations pass'd by his Majesty to bar all Titles Claims and Challenges of the Crown before 60 years last past to have cut off all expectations upon the ancient Title and have strengthned by new Grants and Patents all Titles
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
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
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
1652. The first Court of this nature whereof Justice Donnelan an Irish Native was President and Commissary General Reynolds and Justice Cook Assistants was at Kilkenny the 4th of October where the Supream Council of the Rebels sate in 1642. The Lord Lowther's Speech at the Opening of the High Court of Justice at the Trial of Sir Phelim O Neal. YOu have well understood how that by this Commission which hath now been read the Right Honourable the Commissioners of the Parliament of the Common-wealth of England for the Affairs of Ireland by vertue of the Power and Trust committed to them have here erected constituted and appointed a High Court of Justice And have constituted and appointed Persons therein nominated or any 12 or more of them to be Commissioners and Judges of the said Court And have authorized them to make inquisition for Blood and that in three main Points 1. To hear and determine all Murthers and Massacres of any Protestant English or other Person or Persons whatsoever within this Nation done or committed by any Person or Persons whatsoever both principal and accessaries who since the 1st day of October 1641. have killed slain or otherwise destroyed any Person or Persons in Ireland which at the time of their being so killed slain or destroyed were not publickly entertained and maintained in Arms as Officers or private Souldiers for and on the behalf of the English against the Irish. 2. To hear and determine the Charges Crimes and Causes of all and every Person and Persons both principal and accessaries who since the said 1st day of October 1641. have killed or destroyed any Person or Persons entertained or maintained as Officers or private Souldiers for and on the behalf of the English against the Irish the said Person so killing or destroying not being then publickly entertained and maintained in Arms as Officers or private Souldiers under the Command and Pay of the Irish against the English 3. To hear and determine the Charges Crimes and Causes of all such Persons that have killed or slain or otherwise destroyed any Person or Persons after Quarter given contrary to the Rules of War And to bring to Trial Judgement and condign punishment the Principals and Accessaries to those Crimes that is to say the Actors Contrivers Councellors Advisers Promoters Abettors Aiders and Assisters of any the said Murthers Massacres or killing after Quarter given contrary to the Rules of War This Commission doth likewise furnish the Commissioners with all necessary Powers requisite for this great Service and necessarily conducing to these Ends. By this Commission we may well observe for the comfort of all the good and faithful People of this Land the Justice and Wisdom of the High Court of Parliament of the Common-wealth of England and of their Right Honourable Commissioners here for the Affairs of Ireland 1. Their Justice in bringing these Crimes to Trial. 2. Their Wisdom in ordering this honourable just and equal form of Trial. 1. Their Justice and zeal of Justice appears in this That in all their Treaties and Articles concerning Ireland they would never admit of any the least hope of impunity for these barbarous and cruel Murthers and Massacres and breach of Quarter nor of any thing that might give impediment unto the faithful and impartial inquisition after all that innocent Blood which the merciless Murtherers have wickedly shed in this Land 2. Their Justice and zeal of Justice appears in that they have omitted nothing too dear to them But have with admirable charge resolution and contancy overcome all hazards and perils and have with a vast expence of English Blood and Treasure prosecuted this War which was but an execution of Justice to this conclusion and effected this fair and impartial inquisition for innocent Blood to put away innocent Blood from the Land for our righteous God the righteous Judge of Heaven and Earth hath revealed it in his holy Scripture that he will not have such wickedness to pass without condign punishment For there are three things which the Lord hates viz. Oculos sublimes Linguam mendacem Manus effundentes innoxium sanginem Prov. 6. 17. Their Wisdom appears in this 1. In that as good Husbandmen they prepare the re-plantation of the Land by rooting out the noisom Weeds that always would over-grow and destroy the good Corn as we have found by sad Experience And certainly both in Religion and Prudence it is undoubtedly necessary to clear the Land by Justice of this innocent Blood the innocent Blood of Christians most wickedly and cruelly shed upon the Land against the Laws of God and Man of Nature and of Nations the Laws of the Land and the Rights and Rules of War and the Bonds of Humanity and humane Society 2. In ordering this form of Trial by an High Court of Justice for the impartial inquisition trial and condign punishment of these Murthers Massacres and breach of Quarter For 't is manifest to any Man of sound judgement and right knowledge in the Law That that ancient and excellent Trial at the Common Law by Juries Freeholders of the proper Counties and Hundreds or Baronies where the Facts were done was neither convenient nor possible for the decision of these Causes as the present Constitution of the Common-wealth now is Where now can these numbers of indifferent Jurors be had Liberi legales Homines free from all exceptions and challenges out of which the Juries may be equally impannell'd for the trial of the Prisoners that are or shall be charged with these Crimes How can all the effectual Forms absolutely requisite to that Trial be observed in all these Cases if we do but consider the legal Challenges both for the Common-wealth and for the Prisoners to the Array to the principal Pannel to the Pales the peremptory Challenges the Challenges for Causes inducing favour or affection hatred or enmity or for Crime and how in that course could rightly be the Trial of the Articles of War So that that course of Trial not being now apt for the decision of these Causes The Commissioners of Parliament have in wisdom and prudence erected and constituted this Fair Honourable Equal and Indifferent course of Trial by erecting an High Court of Justice for the hearing and determining of these Causes Wherein are Soldiers for the Articles Rules and Laws of War Judges for the knowledge of the National Laws others that have Cognizance of the Civil Laws and other Men of great Experience Reason and Judgment and all of them Men of Honour and Integrity to be the Triers and Judges in these Cases Having thus far opened the Commission and manifested this form and course of Trial to be Honourable Just and Equal I conceive it requisite a little to consider the Laws against Murther which are to be as Land-marks and Guides to direct and lead us in the right way of Judgment in this great Work and Service Let us take a brief view of the Laws of God held forth
childless among women And Samuel hewed Agag in pieces before the Lord in Gilgal The next case is that of David David writes to Joab by Uriah to set Uriah in the fore-front of the hottest of the Battel and to retire from him that he may be smitten and die Joab did so and so Uriah was slain The Lord by Nathan the Prophet tells David That he had killed Uriah with the sword of the children of Ammon and therefore the Sword shall never depart from his house The case of Joab is remarkable Joab was a kinsman to David and he was Captain of his Hoast he did many great Services and grew old in his Service yet for all this David charges Solomon that he should not let his hoary head go down to the grave in peace because he had shed the blood of war in peace in killing of Abner and Amasa And though Joab flies to the Tabernacle and took hold of the horns of the Altar yet Solomon commands him there to be slain to take way the innocent blood which Joab had shed in killing Abner the son of Ner Captain of the hoast of Israel and Amasa the son of Jether Captain of the hoast of Judah I will onely add Ahab's case Ahab covets Naboth's Vineyard his Wife Jezebel undertakes the business Ahab leaves the matter to her management she writes Letters in Ahab's name feals them with his Seal and so carries the business that Naboth is stoned to death and Ahab takes possession of the Vineyard The Lord sends Elijah the Prophet unto Ahab saying Thus saith the Lord Hast thou killed and also taken possession c. In the place where dogs licked the blood of Naboth shall dogs lick thy blood even thine And of Jezebel also saith the Lord The dogs shall eat Jezebel by the walls of Jezreel I have remembred these Cases and Presidents because they may be useful to us in this service That of Agag and Joab to admonish us not to spare Murderers That of Ahab and David to instruct us that the Authors the Contrivers the Counsellors and the Abettors are guilty of the Murther as well as the Actors be their Plots and Devices never so subtilly and secretly carried I come next to the Law under the Gospel Those Laws against Murther are confirmed by our Saviour in the Gospel Matth. 26. 52. Revel 13. 10. He that killeth with the sword must be killed with the sword Verily I say unto you Till Heaven and Earth pass away one jot or tittle shall in no wise pass from the Law till all be fulfilled And in Verse 21. approves the Law against Murther and also reproves the narrow and literal Gloss and Exposition of the Pharisees upon it and gives us a larger and more spiritual sense of it viz. that whosoever is angry with his brother without cause is in danger of judgment The Law of England Murther by the Law of England is a Felony of death without benefit of the Clergy or Sanctuary and by the Law it is esteemed so high and grievous a Crime that it is prohibited by many Acts of Parliament to grant any Pardon for Wilful Murder This Law of England answers to that of Deuteronomy Thine eye shall not pity but life shall go for life The Laws of Ireland By the Laws of Ireland Wilful Murther is High Treason which is of a Temporal offence esteemed in Law to be the highest Crime and hath been censur'd with the severest Judgment and Punishment viz. for a man to be drawn upon a Hurdle to the Place of Execution and there to be hanged by the neck to be cut down alive his Intrals and Privy Members to be cut forth of his Body and burnt within his sight his Head to be cut off and his Body to be divided into four Quarters or Parts c. For a man to be drawn upon a Hurdle to the Place of Execution and there his Bowels to be burned It is considerable why and upon what grounds or reasons Murther was made a more horrid and execrable Crime in Ireland than in England and punished with a greater severity viz. both with Torture and with Death the Statute Decimo Hen. 7. in Ireland which enacts it to be so gave the reason of the difference Praying the Commons saith the Law Forasmuch as there have been unusual Murthers of malice prepense used and had in this Land of Ireland c. contrary to the Law of Almighty God without any fear of due punishment in that behalf Therefore the Statute doth enact Wilful Murder to be High Treason That sin was grown universal in Ireland and therefore the punishment must be extraordinary the universality of the crime causeth the increasing of the punishment or the severity thereof Ut metus ad omnes poena ad paucos perveniet But it will admit another Quoere How it came to pass that Malice and Murther was universal in Ireland more than in England I conceive these two Reasons may be given for it as new 1. We have been these many years weltring in blood by the frequent Rebellions in Ireland that have silenced the Laws 2. Their was a main defect in their Irish Laws and Customs viz. their Brehowne Law which the Irish continued amongst themselves and the degenerate English embraced it notwithstanding the introduction of the just and honourable Laws of England Now by their Irish Custome or Brehowne Law Murther was not punished with death but onely by Fines or a pecuniary Mulct which they called an Errick Therefore when Sir William Fitz-Williams being Deputy told Mac-guire That he was to send a Sheriff into Fermanagh being lately before made a County The Sheriff said Mac-Guire shall be welcome but let me know his Errick the price of his Head aforehand that if my People cut it off I may put the Errick upon the County Now for the reformation of these grievous abuses in the Land in the 10th year of King Hen. 7. in the Government of Sir Edward Poinings Knight then Deputy of Ireland there were three good and profitable Statutes made which were called Poinings Acts viz. the Statute of 10 H. 7. cap. 8. for the reviving confirming and putting in execution of the Statute of Kilkenny held before Lionel Duke of Clarence by which Statute at Kilkenny the Brehowne Law was abolished and decreed to be no Law but a lewd Custom The Statute of 10 H. 7. cap. oct by which it was Enacted That if any person took any money or other amends for the death of his Kinsman or Friend then the Law would permit meaning the Law of England the same shall be Felony by this Law the Errick was taken away The Statute of 10 H. 7. cap. vicessimo primo by which Murther is made High Treason in the Actor Provoker and Procurer of it So that by these three Statutes their Brehowne Law and lewd Custom was abolished their Errick taken away and Murther declared to be High Treason And thus
through the World ever equall'd it in the Circumstances that accompanied the Butcheries Massacres Cruelties yea the mercy of the Rebels in that War though in the end fatal to the Irish themselves above any thing that ever befel that Nation so as the greatness of their Sufferings may well testifie the remarkableness of their Crimes sutable to the innocent blood they had barbarously shed and the devastations they had made of a most flourishing and well setled Kingdom APPENDIX I. Fol. 10. Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions INasmuch as the Subjects of this Kingdom are Free Loyal and Dutiful Subjects to his Most Excellent Majesty their Natural Leige Lord and King and to be governed only by the Common Laws of England and Statutes of force in this Kingdom in the same manner and form as his Majesty's Subjects of the Kingdom are and ought to be governed by the said Common Laws and Statutes of force in that Kingdom which of right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birthright and best Inheritance Yet inasmuch as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years Introduced and Practised in this Kingdom did tend to the Infringing and Violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious intentions Therefore the Knights Citizens and Burgesses in Parliament Assembled not for any doubt or ambiguity which may be conceived or thought of for or concering the Premises nor of the ensuing questions but for manifestation and declaration of a clear Truth and of the said Laws and Statutes already planted and for many Ages past setled in this Kingdom The said Knights Citizens and Burgesses do therefore pray that the House of the Lords may be pleased to command the Judges of this Kingdom forthwith to declare in Writing their Resolutions of and unto the ensuing questions and subscribe to the same 1. Whether the Judges of this Kingdom be a Free People and to be governed only by the Common Laws of England and Statutes of force in this Kingdom 2. Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governour or Governours of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgement or Execution thereupon If so in what Cases and whether if they do hinder stay or delay such Suit Judgement or Execution thereupon what punishment do they incurr for their deviation and transgression therein 3. Whether the King's Majesties Privy Councel either with the Chief Governour or Governours of this Kingdom or without him or them be a place of Judicature by the Common Laws and wherein Causes between Party and Party for Debts Trespasses Accounts Portions or Title of Lands or any of them and which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law and of what force are their Orders and Decree in such Cases or any of them 4. The like of the Chief Governours alone 5. Whether Grants of Monopolies be warranted by Law and of what and in what Cases and how and where and by whom are the pretended trangressions against such Grants punishable and whether by Fine mutilation of Members Imprisonment Loss and forfeiture of Goods or otherwise and which of them 6. In what Cases the Lord Lieutenant Lord Deputy or other Chief Governour or Governours of this Kingdom and Councel may punish by Fine Imprisonment mutilation of Members Pillory or otherwise and whether they may Sentence any to such the same or the like Punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what Punishment do they incurr that Vote for the same 7. Of what force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by infringing any such Act of State Proclamation or both what Punishment do the sworn Judges of the Law that are Privy-Councellors incurr that Vote for such Acts and Execution thereof 8. Are the Subjects of this Kingdom subject to Marshal Law and whether any man in time of Peace no Enemy being in the Field with Banners displayed can be sentenced to Death If so by whom and in what Cases If not what Punishment do they incurr that in time of Peace execute Marshal Law 9. Whether voluntary Oaths taken freely before Arbitrators for affirmance or disaffirmance of any thing or for the true performance of any thing be Punishable in the Castle-Chamber or any other Court and why and wherefore 10. Why and by what Law and by what rule of Policy is it that none is admitted to reducement of Fines and other Penalty in the Castle-Chamber or Councel-Table untill he confess the Offence for which he is censured when as revera he might be innocent thereof though suborned Proofs or circumstances might induce a Censure 11. Whether the Judges of the Kings-Bench or any other Judge of Goal-delivery or of any other Court and by what Law do or can deny the Copies of Indictment of Felony or Treason to the Parties accused contrary to the Law 12. What Power have the Barons of the Court of Exchequer to raise the respit of homage arbitrarily to what rate they please to what value they may raise it by what Law they may distinguish between the respit of homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are approportionable by Parliament 13. Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal unto his Majesty for redress of Injuries or for other lawful Actions if so why and in what condition of Persons and by what Law 14. Whether Deans or other Dignitaries of Cathedral Churches be properly and de mero Jure Donative by the King and not Elective or Collative If so why and by what Law and whether the Confirmation of a Dean de facto of the Bishops grant be good and valid in Law or no if not by what Law 15. Whether the issuing of Quo warrantoes out of the Kings-Bench or Exchequer against Bourroughs that antiently and recently sent Burgesses to Parliament to shew cause why they sent Burgesses to the Parliament be legal if not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and
Judges of and in such Quo warrantoes 16. By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the fact Censured in the Castle Chamber in great Fines and sometimes Pillored with loss of Eares and boared through the Tongue and sometimes marked in the forehead with a hot Iron and other like infamous Punishment 17. By what Law are men Censurable in the Castle-Chamber with the mutilation of Members or any other brand of Infamy and in what Causes and what punishment in each Case there is due without respit of the quality of the Person or Persons 18. Whether in the Censures in the Castle-Chamber regard be to be had to the words of the great Charter viz. Salvo continemento 19. Whether one that steals a Sheep or commits any other Felony and after flieth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traitor if not whether a Proclamation can make him so 20. VVhether the Testimony or Evidence of Rebells Traitors protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Trials of men for their lives or whether the Judge or Jurors ought to be Judge of the matter in fact 21. By what Law are Faires and Markets to be held in Capite when no other express Tenure is mentioned by his Majesties Letters Patents or Grants of the same Faires and Markets although the Rent or yearly summe be reserved thereout Declarations of the Law made in Parliament upon the Questions propounded to the Judges in a Sessions this present Parliament 1. THE Subjects of this his Majesties Kingdom of Ireland are a free People and to be governed only according to the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the lawful Customs used in the same 2. That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of force in this Kingdom and the said Judges or any of them by colour or under pretext of any Act of State or Proclamation or under colour or pretext of any Writ Letter or direction under the Great-Seal Privy-Seal or Privy-Signet from the King 's most Excellent Majesty or by colour or pretext of any Letter or Commandment from the chief Governour or Governours of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon And if any Letters Writs or Commands from his Majesty or any other or for any other cause to the Justices or other deputed to do the law and right according to the usage of the Realm in disturbance of the Law or of the execution of the same or of right to the parties the Justices and others aforesaid ought to proceed and hold their Courts and process where the Pleas and matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due punishment according to the Law and the former Declarations and Propositions in Parliament in that Case made and of force in this Kingdom or as shall be ordered adjudged or declared in Parliament and the Barons of the Exchequer Justices of Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared that they ought to undergo the punishment aforesaid 3. The Councel-Table of this Realm either with the chief Governour or Governours or without the chief Governour or Governours is no Judicature wherein any Actions real personal popular or mixt or any Suit in the nature of the said Actions or any of them can or ought to be Commenced heard or determined And all proceedings at the Councel-Table in any Suit in the nature of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of force in this Kingdom only excepted 4. The proceedings before the Chief Governour or Governours alone in any Action real personal popular or mixt or in any Suit in the nature of any of the said Actions are voted upon Question coram non Judice and void 5. All grants of Monopolies are contrary to the Laws of this Realm and therefore void And no Subject of the said Realm ought to be fined imprisoned or otherwise punished for exercising or using the lawful liberty of a Subject contrary to such Grants 6. The Lord Lieutenant Lord Deputy or other Chief Governour or Governours and Councel of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Censure any subject in mutilation of Members standing on the Pillory or other shameful punishment in any Case at the Councel-Table and no Subject ought to be Imprisoned Fined or otherwise punished for infringing any Commands or Proclamations for the support or countenance of Monopolies And if in any Case any person or persons shall be committed by the Command or Warrant of the Chief Governour or Governours and Privy Councel of this Realm or any of them That in any such Case any person or persons so committed or restrained of his or their liberty or suffering imprisonment upon demand or motion made by his or their Councel or other imployed by him or them for that purpose unto the Judges of that Court of King's Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fees usually payed for the same have forthwith granted unto him or them a Writ or Writs of habeas Corpus to be directed generally unto all and every Sheriff Gaol-Minister Officer or other person in whose custody the party or parties so committed or restrained shall be at their retorn of the said Writ or VVrits and according to the Command thereof upon due and convenient notice thereof given unto him at the charge of the party or parties who requireth or procureth such VVrit or VVrits and upon security by his or their own Bond or Bonds given to pay the charge of carrying back the Prisoner or Prisoners if he or they shall be remanded by the Court to which he or they shall be brought as in like Case hath been used such charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any difference shall arise thereabouts bring or cause to be brought the bodies of the said party or parties so committed and restrained unto and before the Judges and Justices of the said Court from whence the said VVrit or VVrits shall issue in open Court and shall then likewise Certify the true cause of such his or their detainor or imprisonment and
thereupon the Court after such retorn made and delivered in open Court shall proceed to examine and determine whether the cause of such Commitment appearing upon the said Retorn be just or legal or not and shall thereupon do what to Justice shall appertain either by delivering bayling or remanding the Prisoner or Prisoners 7. An Act of State or Proclamation in this Kingdom cannot bind the liberty Inheritance possession or goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as breakers and violaters of their Oaths of Judges 8. No Subject of this Kingdom ought to be sentenced to death or Executed by Martial Law in time of peace and if any Subject be so sentenced or executed by Martial Law in time of peace the Authors and Actors of any such Sentence or Execution are punishable by the law of the Land for their so doing as doers of their own wrong and contrary to the said law of the Land 9. No Man ought to be punished in the Castle-Chamber or in any other Court for taking a voluntary Oath before Arbitrators for affirmance or disaffirmance of any thing or the true performance of any thing in Civil Causes Nor are the Arbitrators before whom such voluntary Oaths shall be taken punishable 10. By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledge the offence layed to his charge or the justness of any Censure past against him in the Castle-Chamber or at the Councel-Table nor ought to be detained in Prison or abridged of his liberty or the reducement of his Fine stayed or delayed until he do acknowledg such offence or the justness of such Censure And it is further declared That no such inforced or wrested confession or acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. The Judges of the Kings Bench or Justices of Gaol-delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the parties indicted 12. The Barons of the Exchequer ought not to raise the respit of Homage above the usual rates appertaining in and by the course and presidents of that Court continued until the year of our Lord God 1637. And the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the respit of Homage upon any diversity of the true values of the Knight's Fees 13. The Subjects of this Kingdom may lawfully repair into England to repeal to his Majesty for redress of Injuries or for other their lawful occasions And for their so doing ought not to be punished or questioned upon the Statute of 5. of King Richard the second nor by any other Law or Statute of force in this Kingdom eminent Officers or Ministers of State Commanders and Souldiers of his Majesties Army The Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenues and Customes whose attendance is necessary requisite by the Laws and Statutes of the Realm only excepted 14. Deaneries or other Ecclesiastical Dignities of this Realm are not de mero Jure Donative but some are Donative and some Elective and some are Collative according to their respective foundations And the confirmation of the Bishops grants by a Dean de facto having actually stallum in Choro vocem in Capitulo togegether with the Chapter is good in Law 15. The issuing of Quo warrantoes out of the Court of Kings Bench Court of Exchequer or any other Court against Borroughs that antiently or recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament and the proceedings thereupon are Coram non Judice illegal and void And the right of sending Burgesses to the Parliament is questionable in Parliament only And the occasioners procurers and Judges in such Quowarrantoes and proceedings are punishable as in Parliament shall be thought consonant to Law and Justice 16. Jurors are the sole Judges of the matter in fact and they ought not for giving their Verdict to be bound over to the Court of Castle-Chamber by the Judge or Judges before whom the Verdict was or shall be given 17. No man ought to be censured in the Castle-Chamber in the mutilation of Members or any other Brand of Infamy otherwise or in other Cases then is expresly limited by the Statutes of this Realm in such cases provided 18. In the Censures of the Castle-Chamber especially regard ought to be had to the words of the great Charter viz. Salvo contenemento c. 19. A Felon who flies the course of Justice and lieth in VVoods Mountains or elsewhere upon his keeping is no Traytor and a Proclamation cannot make him a Traytor 20. The Testimony of convicted or protected Rebels Traytors Felons is no sufficient evidence in Law upon the Trial of any person for his life And the credit of the Testimonie of persons accused or impeached and not convicted of Felony or Treason ought to be left to the Jury who are sole Judges of the truth and validity of the said Testimony 21. The King grants Lands to be held in free and Common Soccage as of a Castle or Mannor by Letters Patents under the great Seal and by the same Letters Patents or by other Letters Patents grants a Fair and Market reserving a yearly Rent or sum without expressing any Tenure as to the said Fair or Market the said Fair or Market is not held by Knights-Service in Capite or otherwise in Capite FITZ GERALD's Edict manifesting the Cause of his Rebellion relating to fol 15. Edictum Illustrissimi Domini Jacobi Geraldini de Justitia ejus Belli quod Hibernia pro fide gerit SI ut bellum aliquod justè geratur tria requiruntur Causa Justa Potestas Legitima Legitimus belli administrandi Modus Haec tria in hoc Bello concurrere jam planum fiet Causa enim hujus belli est dei Gloria Cui externum Sacrificii cultum visibilem Sancti Altaris honorem ab Haereticis impiè ablatum nos restituendum curamus Gloria item Christi Cujus Sacramenta gratiam conferre cum Haeretici blasphemè negent Christi Evangelium ejusdem infirmitatis accusant ob quam lex reprobata fuit Gloria item Ecclesiae Catholicae quam contra Scripturarum veritatem Haeretici aliquot saeculis obscuram mundo ignotam fuisse mentiuntur At in Dei Nomine per Christi Sacramenta sanctificando
Cahel mac Bryne Farrall APPENDIX VI. Fol. 65. By the Lords Justices and Councel W. Parsons Jo. Borlasse IT is well known to all men but more particularly to his Majesties Subjects of this Kingdom who have all gathered plentiful and comfortable fruits of his Majesties blessed Government how abundantly careful his Majesty hath been in the whole course of his Government of the peace and safety of this his Kingdom and how graciously he hath laboured to derive to all his Subjects therein all those benefits and comforts which from a most gracious King could be conferred on his Subjects to make them a happy people whereof he hath given many great testimonies And as at all times he endeavoured to give them due contentment and satisfaction so even then whilst the Rebels now in Arms were conspiring mischief against Him and his Crown and Kingdom he was then exercising Acts of Grace and benignity towards them granting to his Subjects here the fulness of their own desires in all things so far as with Honour or Justice he possibly could and particularly when the Committees of both Houses of Parliament here this last Summer attended his Majesty in England at which time amongst many other things graciously assented to by Him he was content even with apparent loss and disadvantage to himself to depart with sundry his Rights of very great value which lawfully and justly he might have retained And as his continual goodness to his people and his Princely care of their prosperity and preservation shall to the unspeakable joy and comfort of all his good Subjects render him glorious to all Posterity so the wicked ingratitude and treacherous disloyaltie of those Rebels shall render them infamous to all Ages and utterly inexcusable even in the judgment of those who for any respect either formerly wished well to their persons or now pity them in their transgressions And although the said persons now in Rebellion were in no degree provoked by any just cause of publique grief received from his Majesty or his Ministers to undertake such desperate wickedness neither can justly assign any severity or rigour in the execution of those Laws which are in force in this Kingdom against Papists nor indeed any cause at all other then the unnatural hatred which those persons in Rebellion do bear the Brittish and Protestants whom they desire and publickly profess to root out from amongst them The more strange in that very many of themselves are descended of English whence is the original and foundation of all their Estates and those great benefits which they have hitherto enjoyed and whence their Predecessors and others then well affected in this Kingdom have been at all times since the Conquest cherished relieved countenanced and supported against the ancient Enemies of the Kings people of England many of the Irish also having received their Estates and livelyhood from the unexampled bounty and goodness of the Kings of England Yet such is their inbred ingratitude and disloyaltie as they conspired to massacre Us the Lords Justices and Councel and all the Brittish and Protestants universally throughout this Kingdom and to seize into their hands not only his Majesties Castle of Dublin the principal Fort in this Kingdom but also all other the fortifications thereof though by the infinite goodness and mercy of God those wicked and devillish Conspiracies were brought to light and some of the Principal Conspirators imprisoned in his Majesties Castle of Dublin by Us by his Majesties Authority so as those wicked and damnable plots are disappointed in the chief parts thereof His Majesties said Castle of Dublin and City of Dublin being preserved and put into such a condition of strength as if any of them or their Adherents shall presume to make any attempt thereupon they shall God willing receive that correction shame confusion and destruction which is due to their treacherous and detestable disloyaltie And in pursuit of their bloody intentions they assembled themselves in Arms in hostile manner with Banners displayed surprised divers of his Majesties Forts and Garrisons possessed themselves thereof robbed and spoiled many thousands of his Majesties good Subjects Brittish and Protestants of all their Goods dispossessed them of their Houses and Lands murthered many of them upon the place stripped naked many others of them and so exposed them to nakedness cold and famine as they thereof died imprisoned many others some of them persons of eminent quality laid Siege to divers of his Majesties Forts and Towns yet in his Majesties hands and committed many other barbarous cruelties and execrable inhumanities upon the Persons and Estates of the Brittish and Protestant Subjects of the Kingdom without regard of quality age or sex And to cover their wickedness in those cruel Acts so to deceive the World and to make way if they could to the effecting of their mischievous ends they add yet to their wickedness a further degree of impiety pretending outwardly that what they do is for the maintenance and advancement of the King's Prerogative whereas it appears manifestly that their aims and purposes inwardly are if it were possible for them so to do to wrest from him his Royal Crown and Scepter and his just Soveraignty over this Kingdom and Nation and to deprive him and his lawful Ministers of all Authority and Power here and to place it on such persons as they think fit which can no way stand with his Majesties just Prerogative nor can any equal-minded man be seduced to believe that they can wish well to his Royal Person or any thing that is his who in their actions have expressed such unheard-of hatred malice and scorn of the Brittish Nation as they have done And such is their madness as they consider not that his Sacred Majesty disdains to have his Name or Power so boldly traduced by such wicked malefactors Rebels having never in any Age been esteemed fit supporters of the King's Prerogative much less these who under countenance thereof labour to deface and shake off his Government and extirp his most loyal and faithful Subjects of his other Kingdoms and here whose preservation above all earthly things is and always hath been his Majesties principal study and endeavour which even these Traytors themselves have abundantly found with comfort if they could have been sensible of it And whereas divers Lords and Gentlemen of the English Pale preferred petition unto Us in the behalf of themselves and the rest of the Pale and other the old English of this Kingdom shewing that whereas a late conspiracy of Treason was discovered of ill-affected persons of the old Irish and that thereupon Proclamation was published by Us wherein among other things it was declared that the said Conspiracy was perpetrated by Irish Papists without distinction of any and they doubting that by those general words of Irish Papists they might seem to be involved though they declared themselves confident that we did not intend to include them therein in regard they alleadged they were
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
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