Parliament in Ireland till the Eleventh Year of this King's Reign Sullivan 211. and that Sullivan himself brings this very Neal Garuff on the English side again Anno 1608. But to proceed Sir ARTHUR CHICHESTER was sworn Lord Deputy on the Third of February 1604. and soon after establish'd a new Circuit for Judges of Assize for the Province of Connagh 1604. and retrived the Circuit of Munster Davis 265. which had been discontinued for Two hundred Years It must be observed That until this time the Papists generally did come to Church and were called Churchâ—Papists but now the Priests began to be seditious and did not only scandalize the Publick Administration of Affairs but also took upon them to review and decide some Causes that had been determin'd in the King's Courts and to oblige their Votaries on pain of Damnation to obey their Decision and not that of the Law they did also forbid the People to frequent the Protestant Churches and they publickly rebuilt Churches for themselves and erected or repaired Abbies and Monasteries in several Parts of the Kingdom and particularly at Multifernam in the County of Westmeath Killconell in the County of Gallway Rossariell in the County of Mayo Buttivant Kilkrea and Timoleague in the County of Cork Quin in the County of Clare Garinlogh in Desmond and in the Cities of Waterford and Kilkenny Sullivan 206. Intending says Mr. Sullivan to restore the Splendor of Religion And as many as pleased sent their Children to Foreign Seminaries without control And perhaps all this might have passed if they had not as foolishly as impudently publish'd every where and in all Companies That the King was of their Religionâ— 1605. But then the Government was necessarily obliged for the Vindication of his Majesty and to prevent the Growth of Popery and suppress the Insolence of the Papists to publish a Proclamation on the Fourth of July 1605. commanding the Popish Clergy to depart the Kingdom before the Tenth of December following unless they would conform to the Laws of the Land But this Proclamation being too faintly executed as Laws against Popery have hitherto always been produced more Noise than Effect so that it did little service in Ireland and yet furnished the Irish Papists with matter of Complaint beyond Seas where they usually make a great Clamour for a small Matter But on the Fifth of November was discovered the Damnable Popish Plot well known in England by the Name of The Gunpowder Treason the Design of it was to blow up at once the King the Nobility and the Principal Gentry of that Kingdom then assembled in Parliament The Papists did for some time with great Artifice and Confidence impose upon the World that this was a Plot of Cecill's making but finding at length that that Cobweb Pretence was too thin and was easily seen through they laid the blame upon a few desperate Villains as they always do when the Fact is too notorious to be denied But now that Matter is pretty well setled by the Confession of * Wilson Hist of K. James p. 32. Weston of the Earl of Castlehaven the Lord Stafford and Peter Walsh This Year the barbarous Customs of Tanistry and Gavelkind were abolish'd by Judgment in the King's Bench Davis's Reports and the Irish Estates thereby made descendible according to the Course of the Common Law of England and the City of Cork and the Liberties thereof were separated from the County of Cork and made a distinct County of it self reserving nevertheless Places in the City for a Gaol and a Court-house for the County at large In the Year One thousand six hundred and six 1606. the famous Robert Lalor Vicar-General of Dublin and other Diocesses in Leinster for disobedience to the aforesaid Prolamation was apprehended in the City of Dublin it being the Custom of these Ecclesiastical Spies to lurk about the Metropolis of every Kingdom he was in Michaelmaâ— Term indicted upon the Statute of 2 Eliz. cap. 1. for advancing and upholding Foreign Jurisdiction within this Realm but he humbled himself to the Court and voluntarily and upon Oath on 22d December 1606. made a Recognition in haec verba First He doth acknowledge that he is not a lawful Vicar General in the Diocess of Dublin Kildare and Fernes and thinketh in his Conscience that he cannot lawfully take upon him the said Office Item He doth acknowledge our Soveraign Lord King James Davis Rep. 83. that now is to be his Lawful Chief and Supream Governor in all Causes as well Ecclesiastical as Civil and that he is bound in Conscince to obey him in all the said Causes and that neither the Pope nor any other Foreign Prelate Prince or Potentate hath any Power to controll the King in any â—ause Ecclesiastical or Civil within this Kingdom or any of his Majesties Dominions Item He doth in his Conscience believe that all Bishops ordained and made by the Kings Authority within any of his Dominions are lawful Bishops and that no Bishop made by the Pope or by any Authority derived from the Pope within the Kings Dominions hath any Power or Authority to impugne disannul or controll any Act done by any Bishop made by his Majesties Authority as aforesaid Item He professeth himself willing and ready to obey the King as a good and obedient Subject ought to do in all his lawful Commandments either concerning his Function of Priesthood or any other Duty belonging to a good Subject Upon this Confession he was indulged with more Liberty and the free Access of his Friends and would undoubtedly have been enlarged the next Term if he had not privately denied what he had publickly done protesting that his Confession did not extend to the Kings Authority in Spiritual Causes but in Temporal only this being told to the Lord Deputy it was resolved to try him upon the Statute of 16. R. 7. cap. 5. of Premunire and it was discreetly done rather to Indite him upon that than upon any new Statute made since the Reformation Davis Rep. 85. that the Irish might be convinc'd That even Popish Kings and Parliaments thought the Pope an Usurper of those exorbitant Jurisdictions he claim'd and thought it inconsistent with the Loyalty of a good Subject to uphold or advance his unjust and unreasonable Incroachments on the Prerogative of the King and the Priviledge of the Subject which tended to nothing less then to make our Kings his Lacquies our Nobles his Vassals and our Commons his Slaves and Villains Upon this Indictment he was tryed and found Guilty and upon his Tryal his aforesaid Recognition which he made upon Oath was publickly read which netled him exceedingly and the rather because he was asked whether he had not denied this Confession to some of his Friends to which he answered that he had not but only told some of them that he had not own'd the Kings Supremacy in Spiritual Causes which he said was true for the word
in this great Adversity the Kingdom of Leinster would be lost for ever Fitz-Stephens answered That the English had forsaken their Dearest Friends and Native Soyl for his sake that they had burnt their Ships and had already ventured their Lives in his Quarrel and therefore happen how it would they would live and dye together Be you true to us said he and we will not be false to you Your Royal Courage should contemn these Accidents which will soon be at an End for either Death which is the common Fate will in a little time deliver us with Honour from these Streights or a glorious Victory will place us above all those Difficulties which now seem so terrible Dermond was much encouraged by this Speech however because his Army was much inferior in number to that of his Enemies he did by Fitz-Stephens his Advice retreat to an inaccessible Fastness by Ferns which by plashing of Trees and making Entrenchments he soon rendred impregnable But Rotherick wisely considering the Difficulty of the Attempt and the incertain Events of War tryed severally and apart both Dermond and Fitz-Stephens to persuade them by fair means to an Agreement to Fitz-Stephens he sent Presents in the nature of a Bribe together with Lettâ—rs to this effect THE Britains may not by Law of Arms Hanmer 115. display their Ensigns in Foreign Possessions nor dispossess the Lawful Heirs of their Inheritance but they are with Licence of the Irish to pack Home It is a Blemish to their Nation to give Aid to a shameful Fact Neither may the Lechery of Dermond be mantled under British Cloaks Wherefore depart and forsake him that is forsaken of God and Man and here by my Messenger receive to defray your Charges and transport you to your Native Soyl. But the Monarch was mistaken in the Man for Fitz-Stephens returned this Answer YOur Present I will not accept nor will I break the Faith and Troth I have promised to my Friend Dermond he forsakes not me I will not forsake him neither leave him distressed You speak of Lechery what is that among Martial Men I hear you have Bastards your self To what End is your Embassie If Rotherick give Counsel we need it not if he prophesie we credit not his Oracle if he command as a Prince we obey not his Authority if he threaten as an Enemy a Figg for his Monarchy So finding himself out in his Politicks he prepares to force them to that which he could not persuade them to and to encourage his Soldiers suggests to them That Dermond designed to extirpate the Irish Nation and to that end had brought in the most hateful Enemies they had that he was more cruel than a Beast and no Mercy was to be expected from him that unless this Civil War was by their Valour immediately ended it would prove the Ruine of their Nation that their Enemies were easily to be subdued whilst their Number was few and their Means inconsiderable and that if they lost this Opportunity their Country was lost for ever Dermond in like manner made a Speech to his Followers setting forth That they had Powerful and Brave Assistants the English whose Valour has been approved and that their Faithfulness was undoubted because they had sworn it had burnt their Ships and could expect no Mercy from their Enemies That their Cause was Just in defence of their Prince and Country that Rotherick was a Tyrant had three Wives then alive and eleven Bastards he murthered his Natural Brother was guilty of innumerable Murders Thefts Lyes and Debaucheries and had no other End in all his specious Pretences than the enslaving them and their Children But after all this the Reputation of the English kept Rotherick in Fear and obliged him to continue his Endeavours for Peace and Dermonds Condition and approaching Wants obliged him likewise to make a Peace he never designed to keep any longer than he needs must so by the Mediation of some Good Men they at last came to this Conclusion First That Dermond renewing his Homage should be restored to his Kingdom of Leinster Secondly Lib. P. Lamb. That he should dismiss the English as soon as he was setled But this Article was private Thirdly That his Son Cothurne should be Hostage for performance thereof and as soon as the English were gone then Dermond's Son should be married to Rothericks Daughter The Hostage was accordingly delivered and all quiet when Maurice Fitz-Gerald landed at Waxford with ten Knights twenty Esquires and one hundred Archers with which Recruit Dermond marched to Dublin to reduce that Rebellious City which was without much Resistance surrendred upon Articles and so they renewed their Oaths of Allegiance and gave Hostages for their future Obedience In the mean time Rotherick with his Army went to demand Chief Rent of Danald Prince of Limerick who was Dermond's Son-in-Law but Dermond under-hand procured Fitz-Stephens who stay'd behind him to build his Castle of Carrick near Waxford to step to Danald's Assistance and the Issue was That Rotherick was baffled and forced to return without without his Chieffry With this Success Dermond was encouraged to Higher Designs Hanmer 119. and daily consulted with the English Lib. P. Lamb. how he might recover the Monarchy of Ireland which his Ancestors formerly enjoyed and to which he pretended a Title He offered his Daughter Eva to Fitz-Stephens and Fitz-Gerald and made them many large Promises if they would recruit their Forces and assist in the Design but they were married and could not accept the Offers nor were they able to go through with so great an Undertaking and therefore they advise him to solicit Strongbow once more to so noble an Exploit It seems Strongbow was hindred by the King for upon receipt of Dermond's Letters he went to his Majesty desiring Leave to seek new Territories in Ireland or to be restored to his old Estate in England Campion 59. The King wearied with his Importunity said to him in Passion I wish you were gone Which Strongbow takes for a Licence and away he goes and prepares as fast as he can for his Irish Voyage Before him he sent Reymond Le Gross 1171. with ten Knights forty Esquires and eighty Archers who came in May 1171 and landed at Dondowrough eight Miles east of Waterford and entrencht themselves as well as they could The Waxfordians and their Neighbours to the number of three thousand under Mac-Kelan Prince of Ophelan and O Rian of Odrone came down by Land and Water attack'd the English Hanmer 120 and beat Reymond into his Entrenchment but the English rendred desperate by the Danger made a second Salley and the Enemy being negligently and disorderly scattered they slew five hundred of them and took seventy principal Citizens whom by the Advice of Hervey immediately they drowned Strongbow came on the twenty third of August and landed in the Haven of Waterford 1171. with two hundred Knights and more than one thousand Soldiers
the Crane in Dublin and did much harm On the seventh of May the Deputy made another journey into Pheagh Mac Hugh's Country 1597 and on the eighth had the good fortune to kill that Arch Rebel Ibid. and to take a Prey of 200 Cows which were divided amongst the Soldiers But the Queen believing that her Affairs were prejudiced by the disagreement between the Deputy and the General did at his own Request revoke the Lord Deputy and to supply his Place sent over Thomas Lord Burrough Lord Deputy who landed on the 15th of May and received the Sword in St. Patrick's Church on Sunday the 22d Camb. Eliz. 543. he had supreme Authority in Martial as well as Civil Causes and immediately ordered General Norris to his Presidency of Munster which Affront together with the Disappointment of the chief Government which he knew he merited and earnestly expected and the many baffles Tyrone had put upon him broke his Heart The Lord Deputy amongst other Instructions had charge to enquire what English Undertakers had ☜ contrary to their Covenants suffered Irishmen to inhabit their Lands and to enquire into the Earl of Glancar's Estate which for want of Heirs Males was devolved to the Crown After a Month's Truce with Tyrone the Deputy marched to Vlster where the Crown retained only Newry Knockfergus Greencastle Armagh Dundrum and Olderfleet Connaugh was likewise in Rebellion and so were some of the Butlers in Munster The Deputy met some opposition at a Pass near Armagh but he gallantly forced his way and thereby was convinced that the Irish would run if resolutely assaulted he soon took the Fort of Blackwater and garison'd it with English but whilst they were giving thanks to God for this Victory they were called from Prayers to Arms upon the appearance of the Irish Forces with whom they skirmished successfully yet so as that the Deputy's Brother-in-Law Vaughan and several others were slain and particularly two Foster-brothers of Henry Earl of Kildare for grief whereof the Earl soon after dyed Clifford Governour of Connaugh was ordered to advance with the Forces of his Province to the borders of Vlster wherefore with 700 old Soldiers he attempted it bravely but being opposed by a numerous Enemy he nevertheless made a gallant retreat above 30 Miles and in the face of 2000 Rebels without any considerable loss Upon the Lord Deputy's return towards the Pale the Earl of Tyrone immediately besieged the Fort of Blackwater and the Deputy as nimbly marched to its relief and having raised the Siege he designed to march to Dungannon and so to clear the way thither that on any occasion the Army might march that way but he fell 〈◊〉 and was forced to return and dyed in the way to Dublin and Sir Thomas Norris President of Munster was provisionally made Lord Justice on the 30th of August but he being melancholy at the death of his Brother soon grew weary of the Office and at his Request the Government was committed to Adam Loftus Lord Chancellour and Archbishop of Dublin and Sir Robert Gardiner Lord Chief Justice Lords Justices who were sworn on the 15th of November and the same day the Council gave in writing an account of the State of the Kingdom and concluded that it was an universal Irish Rebellion intended to shake off all English Government The Earl of Ormond was made Lieutenant General of the Army and he was to have 100 Marks per mensem and 30 Horse and 30 Foot and the Lords Justices were to have 33 l. 6 s. 8 d. per mensem and 20 Horse and 20 Foot equally divided between them The Earl of Ormond upon application made to him by Tyrone procured a Commission to himself the Bishop of Meath and Secretary Fenton to treat with that Rebel and on the 22d day of December they met at Dundalk and agreed to a Cessation for eight weeks on Tyrone's engagement to furnish the Fort of Blackwater with 50 Bieves and to give the Garison liberty of Forage and other Articles recited at large Morison 22. On the 18th of February O Rourk submitted to the Lieutenant General and subscribed the Agreement likewise mentioned at large Morison 22. and on the 15th of March Ormond proposed to Tyrone 13 Conditions of Pardon mentioned Morison 23. to most of which he agreed but because O Donell and some others did not appear that matter was adjourned to the 10th of April in the mean time the Pardon was drawn and bears date the 11th of April but I do not believe that Tyrone ever came for it both because he was Anno 1600. outlawed on the former Indictment and because he immediately relapsed into his former Disloyalties and not only sent aid to Phelim mac Feagh but also laid close Siege to the Fort of Blackwater but the defence made by Captain Thomas Williams was so considerable that Tyrone despair'd of effecting his design by Force and therefore resolved to starve them and indeed they were reduced to great necessity when in August Marshal Bagnall with 14 Ensigns of Foot and a choice Party of Horse was sent to relieve them The Rebels Camd. Eliz. 565. being a vast number fell upon the English in a Wood half a Mile beyond Armagh and the Earl of Tyrone having a particular spight against the Marshal Bâ—gnall he bent all his Force that way and had the good fortune to kill the Marshal and to rout the English Army with the slaughter of 13 Captains and 1500 Soldiers whereupon the shattered remnant of the English retired to Armagh and sent to Captain Williams to surrender the Fort of Blackwater that he might reinforce and preserve the rest of the Army By this Victory the Irish got Arms Ammunition and Victuals and which was more so much Reputation that the English could act only on the defensive part and not that it self without continual fear and danger But the Queen was nettled at this Defeat and by the 12th of September 1598. blam'd Ormond that he was not there and ordered him to reduce the old List to 8000 and to clear the Army from Irish and she also sent over Sir Richard Bingham to succeed Bagnall in the Office of Marshal but as soon as he landed he dyed at Dublin and Sir Samuel Bagnall was sent with 2000 Foot and 100 Horse which though at first designed to plant a Garison at Loghfoyle were on the aforesaid all news ordered to land at Carlingford In the mean time Tyrone sends Owny mac Rory Oge and Tirrel into Munster with 4000 Kernes 598. the President Sir Thomas Norris opposed them but was forced by necessary occasions or rather by reason of the weakness of his Forces to return to Cork whereupon the Munsterians generally rebell in October and kill murther ravish and spoil without Mercy and Tyrone made James Fitz Thomas Earl of Desmond on condition to be tributary to him He was the handsomest Man of his time and is commonly called the Sugan Earl And the Queen
went into England to give his Majesty a full account of his happy and successful Administration of the Government for I find he was created Lord Baron of Belfast on the 23th of February 1615 and perhaps then made Lord High Treasurer THOMAS JONES Archbishop of Dublin Lord Chancellor Sir JOHN DENHAM Lord Chief Justice of the King's Bench were Sworn Lords Justices on the 11th of February 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland which were Lett for Five hundred Pounds the first Year and before his Death which happened the 6th of January 1638 they were improved to that degree that they were farmed at Fifty Four thousand Pounds per Annum But the Papists beginning again to grow very insolent it was necessary to hasten the new Lord-Deputy thither and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN afterwards Viscount Grandison 1616. was sworn Lord-Deputy he behaved himself briskly against the Papists who were at that time very high in Ireland Mr. Sullivan says He was a Bloody Man and that he swore he would in two Years banish all the Priests and that he levied 600000◠from the Papists for Fines and Forfeitures for not going to Church and that in Dublin only he imprisoned Ninety Citizens for denying the King's Supremacy all which is notoriously 〈◊〉 And about the same time a most Scandalous lying Book was published Entituled Annalecta Hiberniae written by David Rooth Vicar Apostolick at the Instigation and Charge of the Lord M And stuffed with innumerable Lyes and malicious Accusations of the King's Government in Ireland and yet dedicated to the Prince of Wales which is a high strain of Impudence and Folly to dedicate to the Son Reflections and Scandals upon the Father and as if that Author intended to mock the Son as well as to abuse the Father and that his Dedication to him should pass for nothing he has added another Dedication by way of Appeal to all Foreign Emperors Kings and Princes wherein he avers That the Irish look for nothing but that the King would use them like a King i. e. not like a Tyrant and when I have added that he compares the King to Julian the Apostate and Cajus Caligula and the English-men to Dogs and Wild-Beasts I have said enough of the Spirit and design of that malicious Author The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done and two things were resolved on to humble them one was to banish all their Regulars which did in great numbers swarm almost every where in that Kingdom And the other was to suffer no Magistrates or Officers but what should take the Oath of Supremacy according to Law and in order thereunto there did issue a Proclamation against the Popish Clergy on the 13th of October 1617. Anno Dom. 1617. And afterwards on the 5th of March 1617 Donogh Earl of Twomond Lord President of Munster and Sir William Jones Lord Chief Justice of Ireland did by Virtue of a Commission under the Great Seal bearing date the 23d of January 1617 seize on the Liberties of Waterford and all their Rent Rolls Ensigns of Authority and their publick Revenues which amounted to Three Hundred and Four Pounds Ten Shillings per Annum and kept Assizes in the City for the County of Waterford The cause of this Seizure was because Nicholas White who from Michalmas 1615. to the 20th of October then next following did exercise the Office of Mayor of Waterford did on the 20th day of October 1615. refuse the Oath of Supremacy being then tendered to him by the Lord President by Virtue of a special Commission to that purpose and that upon his refusal the City Elected John Skiddy who Acted as Mayor till the 1st of May 1616. and then refused the same Oath being tendred to him by the Lord President whereupon the City chose Alexander Cuffe and swore him Mayor on the 27th of May who likewise on the 8th of July refused the aforesaid Oath of Supremacy before the Lords Justices whereupon he forbore to Act any farther in the Mayoralty and so it stood till the 1st of April 1617. at which time Walter Cleer was sworn Mayor and so continued Moreover the City had no Recorder since the Death of Nicholas Walsh Anno 1615 and yet in January 1616 there was a Goal Delivery held before the said John Skiddy without any Recorder and one William Person was then Condemned before him and afterwards by his Order executed for Felony And it appeared that the Statute of Elizabeth of Uniformity had not been given in Charge in their Sessions at Waterford for Two years past and all this was found by Inquisition taken the 5th day of September 1617. In the mean time there were sharp Contests between several great Families in Ireland about their Inheritance Lib. F. F. F. 199. the one was between Katherine Lady Power who was Heir General to the Deceased Lord Barry and the then Lord Barry Viscount Buttivant and that was happily Compos'd by the Kings Mediation and the Marriage of the Lord Barry with the Lady Power 's Daughter and the other was between Walter Earl of Ormond and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond who died Anno 1614. Their Case is to be found the very last Case in my Lord Hobert's Reports and was refer'd to the King who Anno 1618. made his Award and divided the Estate between the contending Parties but the Earl of Ormond thought that Distribution so unequal that he refused to submit to it and therefore endured a long Imprisonment and many other Hardships from the Court but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond with the sole Daughter and Heir of the Lady Dingwell and that happy Couple improved that divided and shattered Estate to be the greatest and best belonging to any Subject in the Kings Dominions and are well known to the World by the Names of the first Duke and Dutchess of Ormond In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath and not long after there arose a Dispute between the Archbishop of Armagh and the Bishop Elect of Clogher about the Exercise of Jurisdiction before Consecration but after some Expostulations the Controversie was peaceably Compos'd The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose and in the same Year Thomas Viscount Thurles Father of the first Duke of Ormond was drowned It was in this Year that the King to mortifie some of the most active Members of the House of Commons that had fallen under his
Confederates and that Goods recovered he restored to the right Owners and that all who assist or favour the Enemies or stand Neuter be Excommunicated and that all Invaders of any Irishman's Property be Excommunicated and that those Excommunicated shall be excluded from Confession and Sacrament and that Importers or Makers of Arms Powder c. shall pay no Taxes and that in the next Congregation Embassadors be appointed to be sent to the Pope the Emperor and the Kings of France and Spain and that a Clergyman or a Lawyer be of the Quorum in every Embassie and that part of the Church-Livings be given to the Clergy and the rest to support the War and that Two Confessors and One Preacher be appointed for every Regiment c. And afterwards viz. on the Twenty fourth of October there was a General Assembly of the Lords Spiritual and Temporal and others the Representatives of the Confederates at Kilkenny and they likewise made many Ordinances mention'd at large Burlace Appendix 8. which are to this effect That the Popish Church in Ireland shall enjoy all Privileges according to Magna Charta and that the Common Law of England and all Statutes not inconsistent with the Freedom of Religion and the Liberty of the Subject be of force That Allegiance shall be continued to the King and His Prerogatives supported That the Law shall be executed as well as the Circumstance of War and the Absence from Dublin will permit That a Supreme Council of Twenty four be establish'd whereof Twelve constantly to reside and One of them to be President and Nine to be a Quorum of which Seven must concur to make any Vote obligatory and if a greater Number be present Two thirds must agree This Council shall have Authority over all Officers Civil and Military shall name Sheriffs Supreme Provost-Marshals c. and may do any thing for the Advantage of the Cause and determine Causes Capital and all other Matters except Title of Land and shall have a Guard of Five hundred Foot and Two hundred Horse That there be also Provincial and County Councils the former may receive an Appeal from the latter and may try Causes as Judges of Assize and Gaol-delivery use to do but must not meddle with Title of Land except Dowers and Jointures And the County Council shall have the Power of Sessions of Peace and an additional Authority to determine Personal Actions That the Sheriff in every County be Provost-Marshal and may execute any Man not worth Five pounds for any Capital Offence giving the Offender Twenty four Hours time to prepare his Soul And that no Temporal Government or Jurisdiction shall be assumed kept ☞ or exercised in this Kingdom or within any County or Province thereof during these Troubles other than is before expressed except such Jurisdiction or Government as is or shall be approved by the General Assembly or the Supreme Council And that every body quit the Possessions he hath wrongfully gotten and to avoid Debate that all Estates continue as they were possess'd for Three years last past unless the Title be determin'd or redeem'd and that to avoid all Distinction of Nation any British Papist that was so before this War and will come and reside in Ireland shall be privileg'd in a Third part of the Publick Taxes And that no Distinction or Comparison be made between Nations Provinces or Towns and that all New Converts be esteemed as Catholick Natives and that an Inn of Court be erected here and that Cess and Coyn and Livery be punish'd And no Soldiers shall be paid or relieved by the Country but such as are in the Marshal's List and none to be Billetted but by the Constable And that Free-Schools be erected in every Province And that the King's Revenue and the Enemies Rents be collected and dispos'd of by the Provincial or Supreme Council for His Majesty's Use and Service And that Popish Impropriators may retain their Tythes till that Matter be setled in Parliament And that there be Collectors of Publick Money in every County And that the Popish Wife of an Enemy shall have her Jointure and sue and be sued as if her Husband were naturally dead ☞ And that the Possessions of the Protestant Clergy in Right of the Church shall be deemed the Possessions of the Catholick Clergy And that no Man imprison'd by one Council shall be inlarg'd by another And that no Protection be given to the Enemy or their Servants with-without special Order That Merchants and their Ships be protected in their Importations and that Commissioners be appointed in every Port to view the Arms and Ammunition that shall be imported and to certifie the same to the Supreme Council That Fugitive Soldiers be sent to their respective Commanders That the Estates of Neuters and Enemies do first pay their Debts to any of the Confederates before any of it be put into the Publick Stock and that no Soldier meddle with an Enemies Lands or Goods without Order And lastly That the * * Append. 14. Oath of Association be taken solemnly after Confession and the Sacrament in the Parish-Church and the Names of all Persons of Rank and Quality that take the same to be enroll'd The Assembly did also 25 October order Proclamation to be made to invite all the Adherents of the English of what Nation soever to come from them over to the Confederates by the Last of November and 27 October they ordered a Seal to be made and 28 October they appointed a Committee to inquire how Money and Ammunition come from Foreign Parts hath been disposed of and that Mr. Baron bring in Writing the Propositions and Messages from Foreign Parts to him committed by the Pope's Nuncio and others and 29 October they appoint Auditors of the Account of Moneys received and what hath been made of Protestants Rents Goods or Chattels and that the Enemy be not called Protestants or English but the Puritanical or Malignant Party and 30 October they order That no Man be privileg'd from Contributing to the Maintenance of the Catholick Army On the First of November they appointed the Lords of Castlehaven and Gormanstown Doctor Fennell Colonel Dermond O Bryan Sir Lucas Dillon Sir Phelim O Neal Thomas Burk Richard Martin Feigh O Flin Richard Beling Adam Cusack James mac Donell Patrick Crelly Rory Macguire Patrick Darcy and all the Lawyers to prescribe a Form of Government And 2 November they order Philip Hore to Account for 120 l. received of the Gentry of the County of Dublin to buy Arms And 4 November That the Prelates enjoyn the Priests to administer the * * Append. 14. Oath of Association to every Parishioner and to take his Subscription thereunto And 11 November That the Supreme Council shall manage the Admiralty And 13 November That the next Assembly shall be on the Twentieth of May next unless the Supreme Council find cause to convoke it sooner and that Thirty thousand Pounds be levied on Leinster by
World upon whose Loyalty and Conduct in the Affairs of Ireland His Majesty did most depend But there is yet a greater Mystery in the matter and it was thus Whilst Ormond was in England the Scots * Earl of Lanerick Earl of Lauderdale 〈…〉 Commissioners finding what usage was design'd to the King did endeavour to retreive the Honour of their Nation by doing something extraordinary in his Favour and the Presbyterians every where finding the prevailing Independents did despise the Sanctity of the Covenant and the Supporters thereof began to be Alarm'd so a proper Juncture of doing Service to the King was suddenly expected hereupon Ormond by the Kings Order met the Scotch Commissioners near Marlow and they for Scotland and he for Ireland undertook to promote His Majesties Service and in order to it he went to France and so into Ireland to prosecute this Design and not in Answer to the Irish Ambassy as they sancied and the same Reason prevailed upon Insiquin to joyn with him and it was pursuant to this Treaty that the Earl of Lanerick then Duke Hamilton invaded the Kingdom of England But as soon as the Parliament Commissioners in Ireland understood 27th July that the Marquiss of Ormond intended to return to that Kingdom they did all that was possible to prevent his Design and upon bare Suspicion seized upon Sir Maurice Eustace Sir John Gifford Sir Francis Willoughby Colonel William Flower the Lieutenant Colonels Ryves Capron and Smith Major John Stephens and Captain Peirce and kept them Prisoners in the Castle for some days and then sent them in Custody to Chester and they also kept Sir Thomas Lucas and Colonel Byron Prisoners at Tredagh As for the Military Motions this Year tho' they were not many nor in many Places Munster being entirely quiet and very little either of Leinster or Ulster disturbed yet they may be esteemed very considerable because they were between the Irish themselves for Insiquin had managed his Affairs so prudently by assisting the weaker side and the Nuncio had Acted so rashly in Excommunicating the Supream Council and their Adherents that Owen Roe and Preston and their Followers were engaged in as * Quod quidem ille acrius quam unquam fecerat in communes Religionis Regni hostes in Confederatos presecutus est Beling 118. fierce and as spiteful a War as any that had been since the Rebellion broke out so that Preston assisted by the Marquiss of Clanrickard took Athâ—one and besieged Athy and Insiquin in favour of the Supream Council besieged Fortfalkland and tho' Owen Roe came to relieve it and posted his Army so advantagiously between Insiquin and Munster that the English had certainly been starved if the generous Bounty of the Marquiss of Clanrickard had not supplyed them with Necessaries yet at length Owen Roe was forced to a retreat not much different from a Flight and the Fort was surrendered to Insiquiâ— and with these Losses November and this Disgrace Owen Roe was so netled that he ravaged over the whole County of Roscomon and took Jamestown and so obstinately Stormed Carigdrumrusk that Rory Macguire and most of his Regiment were there slain and in revenge of it the Garison being all Papists were put to the Sword And by this Campaign Owen Roe was so weakned that he offered a Cessation to Colonel Jones and to carry his Army to Spain if Jones would give him Liberty to do so And it seems That the Marquiss of Antrim had some Highlanders in the Counties of Wicklow and Wexford which being joyned with the Birnes and Cavenaghs who were of the Nuncio Faction and rejected the Peace gave such Disturbance to the Supream Council that they were fain to send Sir Edmond Butler and Sir Thomas Esmond to suppress them which at last they effected tho' not without considerable Slaughter on both sides In the mean time Jones took Ballysannon Nabber and Ballyho and many of the Scots being gone to assist Duke Hamilton's Invasion of England Colonel Monk by the means of Sir Price Coghrun and Lieutenant Colonel Cunningham surprized Carigfergus and in it Monroe September whom he sent Prisoner to London and then had an easie Conquest of Belfast and Colerain and Sir Charles Coot had no very hard one of the Fort of Culmore and for those good Services the Parliament Presented Colonel Monk with 500 l. and made him Governour of Carigfergus But in November the Irish Ambassadours to the Pope returned to Ireland and brought with them abundance of Relicks but no Money Beling 196. as may be easily gathered from the following Letter from Sir Richard Blake to Sir Robuck Linch Sir THIS day the Lord Bishop of Fernes and Mr. Plunket gave an account of their Negotiation to the House they made a full Representation to his Holiness of the desperate Condition of the Kingdom that without present and good Supplies which they expected from his Holiness there was no hope of the Preservation of the Catholick Religion or Nation That his Holiness was bound in Justice to do it his Nuncio here having in a General Assembly of the Confederates undertaken That the Sum promised Sir Kenelm Digby for the Wars of England upon good Conditions for Catholicks would be applied to the Service of the Catholick Confederates of Ireland but after four Months attendance their Answer was there being no Intelligence then of our Distance or Divisions with the Lord Nuncio or Owen O Neal That his Holiness hath sent by the Dean of Firmo a considerable Help unto us and that he had no account how that was disposed of That the Turks were in Candia and threatened Italy That there was great Scarcity of Corn in Rome and the adjoyning Territories and that a great Sum of Money must be issued to satisfy the Commoners That his Predecessor Pope Urban had left the Treasury empty and the See deeply charged with Debt That the Cardinals and others who had Pious Intentions to advance our Holy Cause were Poor and hardly able to maintain their own Ports so that nothing could be expected from them And for the Conditions the Agents expected from his Holiness for Religion upon our Treaty with the Queen and Prince he said that it was not proper for the See Apostolick to grant any Articles to Hereticks though it be true that Catholick Princes in Germany and other Kingdoms do it As for the Nuncio's Engagement That the Catholicks of Ireland should be Supplied by his Holiness in their Maintenance of the War that he had no such Commission though it was true that his Holiness would give Money for Conditions of Religion but none upon the Event of War Our Agents heard not of our Disunion and Raptures in this Kingdom until after their taking leave of his Holiness and then when the same was known and published in Rome they heard from some eminent Persons That what his Holiness was resolved to give for our Support he knew not to what Party he
the want of Provisions in the Navy his Highness did also raise some Forces which he sent to the Relief of Scilly and he also sent a Bill of 5000 Pistols to the new King Hereupon the Parliament sent their Sea-Generals Blake and Dean to block up this Fleet in Kinsale-Harbour which they did effectually all the Summer and took the Guinny-Frigot that was abroad and tho' the Prince did in person sollicite Waterford Cork and other Sea-ports for Assistance to sit out some Fire-ships yet at length it was resolved rather to let the Winter Storms remove the Enemy than to encounter them at so great disadvantage especially since the Prince could not be sure of his Men of whom so many deserted daily that it was found necessary to hang up ten of those Straglers for a terrour to the rest In the mean time Owen Roe sent a Message to his Highness That since he and Ormond had drawn and tasted of each others bloud he would never joyn with the Marquess but if his Highness would take the Command of the Kingdom he and all his would readily submit to One of the Bloud Royal. But this was counted a Complement which the Proposer knew the Prince could not accept of however it occasion'd that Capt. Leg was sent to hasten the King into Ireland but his Ship being taken he was for a long time imprison'd at Plimouth and by a Court-Martial condemn'd to die In the mean time the Prince was in great straits for all Necessaries and tho' he contracted his charge to the well Manning of four Frigats only besides his Flag-Ships yet there being no Supply from abroad Want over-took him even in this narrow Model and Reducement so that he was forc'd to rely on what his own personal Interest or Love to his Majesty's Cause could in so tottering a Conjuncture perswade People to lend And it was at this time that the Generous Loyalty of a private a Robert Southwell Esq Gentleman of Kinsale did signalize itself in furnishing the Prince with a considerable quantity of Provisions without which his Highness could not have gone to Sea and altho' at this time when Munster was meditating a Revolt to Cromwell which it soon after accomplished this action was of dangerous consequence to the Gentleman that did it yet he survived that danger and lived to be well considered for this Service by the Act of Settlement and as Marks of his Majesty's favour to be made one of the Council of Munster and Vice-Admiral of that Province and the Prince being enabled thereunto by these Supplies put to Sea and got safe to Lisbon But it is time to return to the Second Accident which I mentioned and that was The Departure of the Nuntio which happened in this manner The General Assembly of the Irish having approved of the Cessation with Insiquin and being exceedingly troubled at the Excommunication which the Nuntio had fulminated against all the Adherents thereunto and consequently against themselves they did not only imploy an Agent to prosecute their Appeal to the Pope but did also on the 19th of October write a Letter to the Nuntio then at Galway which Letter was signed by their Speaker and ordered him to withdraw out of the Kingdom at his peril and in it was enclosed a Schedule of Greivances occasioned by him and whereof they intended to impeach him to the Pope Tanquam qui huic parricidio occasionem dedissâ—t Beling 173. and it was also accompanied with a severe Declaration against all those that should correspond with his Reverence Whereupon finding that he had been one unhappy Cause of the King's Murder says Mr. Beling he took Ship at Galway on the 23d of February and returned to Rome where he was blamed by the Pope for acting so b Lemerarie se gesisti rashly Nevertheless the Irish could not be absolved from his unjust Excommunication for making a Truce with Insiquin P. W. Remonstrance 592. until they had done Penance in Forma Ecclesiae Consueta which imports an acknowledgement of the Crime But tho' the Nuntio was gone yet he had left Own Roe and his Army behind to support his Faction who together with the Marquess of Antrim did oppose the Peace because the six escheated Counties in Ulster were not restor'd to the old Irish Beling 165. and with these sided a Multitude of Fryers who railed against the late Peace and the scandalous Expulsion of the Nuntio and threatned inevitable Damnation to all those that should take part with the Lord-Lieutenant whereby the Peace became of little use to the King or advantage to his Affairs even whilst the Bishops and Secular Clergy adhered to it which was not long But on the 9th of March the King by his Letter from the Hague confirm'd the late Peace and ordered a new Great Seal to be made and to be disposed of to whom the Lord-Lieutenant should think fit and appointed the Lord of Insiquin to be Lord-President of Munster and the Marquess of Clanrickard to be Lord-President of Connaught if the Lord-Lieutenant find it convenient And thus ended the Year 1648. The Year 1649 opened with a Vote in the Parliament of England 1649. of the 28th of March That Oliver Cromwell should be General of all their Forces then in Ireland or that should be sent thither and accordingly he prepared dilligently for that Expedition But because besides his there were four other distinct Interests and Armies in that Kingdom viz. the King 's the Presbyterians the Supreme Council's and Owen Roe's it is necessary to treat of them separately to prevent confusion and that the Reader may the more clearly penetrate into the Intreigues of this Campaign And we will begin with the King 's both because it was his and because it was the most numerous and most considerable that of the Supreme Council being united unto it by vertue of the late Peace and many of the Presbyterians under the Lord of Ards falling into it afterwards it consisted of 3700 Horse and 14500 Foot under the Command of the Marquess of Ormond the Lord of Insiquin was Lieutenant-General of it and the Earl of Castlehaven was Lieutenant-General of the Foot and the Lord Taaf was Master of the Ordnance and thus composed part of this Army rendezvouz'd at Cashell on the 3d of May from whence Castlehaven was detach'd with a Party which took Rheban Maryburgh and Althy from Owen Roe's Souldiers with considerable slaughter and that being done it met at Cloghgrenan on the 26th of May and marching forward took Castle-Talbot Kildare Castlesalagh and Castlecarbry and on the 14th of June encamped at Naas And having rested two or three days they marched to Finglass and encamped there on the 18th of June and on the 19th a detached Party drew nearer Dublin and with some loss skirmished with the Enemies Horse and then return'd to Finglass and there Ormond received and dispos'd into convenient Quarters a great number of Papists whom Collonel Jones to
Disobediences and Affronts put upon the King's Authority and consequently suggested Matter to his Majesty of making his Declaration against the Peace Secondly We have perused the King's Declaration disavowing of the late Peace and are of Opinion for ought to us appearing That the King hath thereby withdrawn his Commission and Authority from the Lord-Lieutenant This is clearly proved out of a Branch of the said Declaration taking away and nulling all Commissions granted by him In that Declaration the King will have no Friends but the Friends of the Covenant Hence it is evidently inferred That his Majesty's Authority is taken away from the Lord-Lieutenant unless he be a Friend to the Covenant as we conceive he is not but if he be he is not our Friend nor to be trusted by us in having Authority over us In the same Declaration the Irish Nation as bloody Rebels are cast from the Protection of the King's Laws and Royal Favours It may not therefore be presumed That he would have his Authority kept over such a Nation to govern them We do joyn with you in that you represent to wit There is no Safety to be expected from Covenanters or Independents for the Catholick Religion or this Nation If that of the Peace be proved the only Safety we are for it However we conceive the benefit thereof is due to us having made no breach of our part Thirdly Something of our sense concerning what way may tend best to the Nation 's preservation we will say beneath and do offer our clear intentions before God to joyn with you and all Men in what will be found the best and fafest way to such preservation Fourthly We are of Opinion and did ever think all our Endeavours should be employed to keep the King's Authority over us But when his Majesty throweth away the Nation from his protection as Rebels withdrawing his own Authority we cannot understand this Mystery of preserving the same with us and over us or how it may be done Whereas you say That many of those considerable will instantly make their Conditions with the Enemy if the King's Authority be taken away by himself as by his Declaration it is and not driven away by the Subject In such case when the People may not hold it likely they will not agreewith the Parliament for not having it We are of Opinion the best remedy the King's Authority being taken away as was said of meeting this Inconvenience of the Peoples closing with the Parliament is returning to the Confederacy as it was intended by the Nation in case of breach of Peace on his Majesty's part This will keep a Union amonst us if Men will not be precipitantly guilty of breach of their Oath of Association which Oath by two solemn Orders of two several Assemblies is to continue binding if any breach of the Articles should happen of his Majesty's part The King's Authority and the Lord-Lieutenant's Commission being recalled by the Declaration abovesaid we are of Opinion the Lord-Lieutenant hath no such Authority to leave If we must expose Lives and Fortunes to the hazard of fighting for making good that Peace seeing the danger and prejudice is alike to defend that or get a better Peace Why should we bound ourselves within the limits of those Article to disavowed Upon consideration of the whole matter we may not consent with safety of Conscience to the Proviso's of revoking our Declaration and Excommunication demanded by his Excellency or granting any Assurance to him or the Commissioners of Trust for not attempting the like in the future and that for many Reasons especially for I. That the King's Authority is not in the Lord-Lieutenant nor Power in us to confer a new Authority on him being also destructive to the Nation to continue it in him and preservative if in another And that was our sence when we declared against the King's Authority in his person II. We much fear we should lose the few Churches remaining under his Government as we lost under him all the Churches of the City of Waterford and Kilkenny and the Towns of Wexford Ross Clonmell Cashell Fethard Kilmallock c. in this agreeing with the Maccabees Maxims Maximus vero primus pro sanctitate timor erat templi III. His Excellency having declared at Cork that he will maintain during his Life the Protestant Religion according to the Example of the best Reformed Churches which may be the same in substance with the Oath of Covenant for ought we know we may not expect from him Defence of the Catholick Religion IV. The Scandal over all the World to make choise of one of a different Religion especially in Rome where his Holiness in his Agreement or Articles with the Queen of England had a Catholick Governour granted tho' not performed And we do fear the Scourges of War and Plague that have fallen so heavy upon us and some Evidences of God's Anger against us for putting God's Cause and Churches under such a hand whereas that Trust might have been managed in a Catholick Hand under the King's Authority V. That we shall find no Succour or Countenance from any Catholick Prince of the Church or Laity he governing but Reproach and Disgrace VI. That the Souldiers by the ill Success of his Conduct have not the heart to Fight under him and so we shall be lost if we come to fighting VII We find the People generally in great fear to be lost under his Government and are of Opinion That the greater part of the People will agree with the Parliament if the Authority were continued in him despairing of Defence under him VIII That we declared against him having the King's Authority out of no Spleen or Malice against his person so save us God but for the fear we had upon good deliberation of the utter Ruine and Destruction of the Nation under his Government and that now finding no reasons or ways of Preservation by him we may not with reason be induced to alter our Opinion especially the King's Authority being not in him IX That those two considerable Corporations remaining are at great distance with his Excellence for giving Commissions to take away their Goods and other reasons and are thought to be resolved not to submit to him ☞ though they resolve to appear as in their intentions and actions they conceive they are Faithful to the Crown and to the King's Authority Obedient if placed in another person Ormond's Reply WE had reason to hope that if the Offer we made should not meet with the success we desired yet that so affectionate a Manifestation of our Love to the Nation transporting us to an Overture of Reconciliation with those that had so much injured us would not have given ground for repeating old and casting new Aspersions upon us But for Answer to this Paragraph we refer to our Letter and to our Answer to the eleventh Article of their Declaration Appendix 48. Here they readily declare their Opinion concerning
this is the greater that the * Clanrickard Person from whom you come with Authority is for several causes Excommunicated A Jure Homine and is at Rome accounted a great Contemner of the Authority and Dignity of Church-men and Persecutor of my Lord Nuntio and some Bishops and other Church-men some of his own Letter come fair for the proof hereof you may be pleased to call to mind that he though much and often moved thereunto never joyned with the Confederate Catholiques until he found the opportunity of bearing down the Pope's Nuntio and had the Lord of Insiquin who not long before dyed his hands in the blood of Priests and innocent Souls in the Church or Rock of St. Patrick in Cashel to close with him in Society of Army the Nation hath now no cause to joy in that Conjunction of those two Stars Do you think God will prosper a Contract grounded upon the Authority of such a Man if some other way be not found of reconciling him to us That therefore what is prophane may be holy and what is rotten sound say in the Name of the Nation with the Prodigal Child Surgam ibo ad Patrem dicam ei pater peccavi in Coelum coram te And even immediately go to his Holiness's Inter Nuntio in this City to make this happy Submission Quia nescit tarda Molimina Spiritus Sancti gratia This being done go on chearfully with your Contract with this most Catholique Prince who did he rightly know the business without such Submission would never enter upon a Bargain to preserve or rather restore Holy Religion in a Kingdom with Agents bringing their Authority from a withered accursed Hand and God will send his Angels of strength and light before that People at least many of them who lying in Darkness and shackled with the Irons of Excommunication c. And it was by the sollicitation of this Angry Bishop and the influence the Clergy had over them that the Agents waving the Authority of the Lord-Deputy that sent them were induced to joyn with the Lord Taaf and in the Name of the People and Kingdom of Ireland to make the following Articles with the Duke of Lorrain An Agreement betwixt Charles the Fourth Duke of Lorrain and Theobald Lord Viscount Taaf Sir Nicholas Plunket and Jeffery Brown Deputed and Authorized by the People and Kingdom of Ireland I. THE most Illustrious Duke is to be vested with Royal Power under the Title of Protector Royal of Ireland II. Because Religion is the prime End and Subject of the Treaty all is to begin with an imploring Application to the Pope for his paternal Benediction and Help that he will not be wanting in things Spiritual or Temporal in consideration whereof it is protested That constant perpetual Obsequiousness of Duty and Faithfulness shall be paid to his Holiness and the Apostolick See III. In consideration of this Royal Protector 's power granted the Duke is by War to prosecute the King's Enemies and afford him all possible Assistance IV. The said Duke is to do nothing in derogation of the King's Authority or Jurisdiction in Ireland but rather to amplifie it and having restored the Kingdom and Religion to its due pristine Estate is to resign chearfully the Kingdom to the King V. Before Resignation as aforesaid ☞ the Duke is to be re-imbursed all by him pre-impended in this Business and for this Re-imbursement a general and exact Obedience to the Duke in Faith and Fidelity from the Kingdom and People is made and to be observed without Reservation to any other Superiority whatsoever VI. The Duke is not to fail on his part to Expel out of Ireland Hereticks Enemies to the King and his Religion and to recover and defend all things belonging to the Faithful Subjects of Ireland VII The Duke is solely and absolutely to exercise all Military Power for the present and future in Ireland as to the Nomination of all Commanders ahd guiding all Martial Proceedings at his own pleasure and in his own person unless he in his absence substitute some other Catholique Person VIII The Duke is to introduce no Innovation in the Towns c. to him assigned repugnant to the Securities Priviledges Immunities Proprieties Lands Estates or Ancient Laws of the Irish reserving only to himself Authority to apply Remedies to any thing accruing wherein publick prejudice may be contained IX The Duke is not to interpose in Administration of Judicial or Civil Affairs but leave them to be proceeded in according to the Fundamental Laws and publick Form of the King 's Chief Governour and the Assembly instituted X. The Manner of calling Assemblies to be as formerly unless complaint arise against the Government or other extraordinary Emergencies hinder and then according to the Ancient Laws the cutting off the Assembly is to be at the pleasure of his Higness XI When the Work is done in Ireland by consent of a General Assembly the Duke promises to afford Assistance to the King against Rebelling Adversaries in other Kingdoms XII In case the Duke cannot go in person into Ireland it is free in his choice and pleasure to depute any other Man of Catholique Piety who shall be Independant in the Militia and in Civil Matters shall be received to all manner of Councils in the same right as any other Counsellor or Commissioner XIII All Cities Castles Lands taken from the English shall revert to the Owners if Catholicks who have connstantly persevered in the Catholick Quarters under the Duke yet the Duke's Military Power shall be entire over the same to garrison and dispose of them at his pleasure XIV All Pay to the Souldiers is to pass from the Duke as well out of the publick Revenues as the Duke's Coffers when that fails provided that the Duke's disbursements of his proper Money for publick Uses for the future to be repaid him as former Disbursements XV. All Goods of Enemies and Delinquents are to be converted to the publick Military Charges and towards rewarding great Merits by the Duke with Advice of the General Assembly XVI The Duke besides 20000 l. already contributed promises all further Accommodations and Supplements for War together with his power and industry what is not above the reach of his Faculties and beneath the Necessities of the War towards the Repayment whereof as well Principal as the Annual Provenue and Use thereof the whole Nation of Ireland is to be liable until the last Peny be paid and for Caution in the mean time the Duke is to be seized and possessed in his own hands of Galway Limerick Athenry the Castle and Town of Athlone ☜ and Waterford and the Royal Fort of Duncannon when recovered from the Enemy and these are to remain to him and his Heirs until full and intire Satisfaction receiv'd and to pay just Obedience and be Garrison'd and Commanded at his pleasure XVII In laying of publick Taxes and levying the same for the Duke's Satisfaction
the President Routed them he found many of his Provincials amongst them yet he let them go as supposing they came to look after their Cattle But by the end of that Month the whole Province was in open Rebellion and yet it was not until February that the Lords Justices sent their positive Order to prosecute those wilful Rebels with Fire and Sword and in the latter end of February the President published his Majesties Proclamation under his own Hand and Signet but without effect for the Rebels said that it was Counterfeit and rejected it But Arguments are vain when the thing itself manifests the truth and if ever in any case certainly 't is in this that Res ipsa loquitur and that the President was not the Aggressor for he had neither Men Mony Ammunition or Arms or any other Provision of War fit to contest with so numerous an Enemy that were fledged with the Spoils and Riches of English and it is undeniable that the Irish began to plunder even in great Numbers and Armed in a War like manner and at Noon day but perhaps the Remonstrants think that is not a Commencement of War But in Conaught the case was far different from Munster though the Remonstrants not caring whether right or wrong have mingled both Provinces in the same accusation for the President of Conaught was then at Dublin and in the beginning of November when he went to Athlone he found many of his Provincials whereof some Gentry in open Rebellion who had committed many Murders and more Robberies he presently endeavoured a Treaty with the Gentry that had not yet declared presuming on his Alliance to some of them and his former private Friendship with them but all in vain so that his Case was miserable being surrounded with Multitudes of Rebels who took the Town and kept him Besieged in the Castle of Athlone all that Winter His whole force in the Province was but a Troop and a half of Horse most Irish and Six half Companies of Foot whereof One was Surprized and another sent to Dublin so that he was in no condition to rescue the Distresled English and much less to make any offensive War on the Irish or by any cruelty to force them into Rebellion as they have most untruly suggested The Lords Justices did also send Commissions of Government to the Lords of Clanrickard Mayo and Costilo and Commissions of Martial Law to some of the best of the Natives and the Lord Clanrickard did assure the Irish of his Majesties condescention to the Graces and yet all this could not prevent nor suppress their Rebellion To the Eleventh Whether the Parliament of Ireland have equal Power and Priviledges with the Parliament of England and whether an English Statute can bind Ireland is fitter to be disputed by Arguments than Arms but it is false that the Act of Adventurers in England was grounded or occasioned by any misinformations from Ireland Nor doth it extend to other Estates than those of the most Detestable and Sanguinolent Traitors that ever were heard of and therefore the Loyal Remonstrants should not be concerned but admitting the Act unjust yet it was subsequent to the Rebellion and so could not be a cause of it Nor can we believe it was forced upon his Majesty it being for his own advantage and for the benefit of his Beloved and ever Loving People and if his Majesty should lose by it at present yet he loses to Loyal and obedient Subjects who will in time reprize him as well by saving charge and preventing Danger and Rebellion as by straining themselves at any time for his Majesties Honour and Profit And since there is no Authority nor Command Civil or Military in Ireland but what is derived from his Majesties Authority and acts in obedience to it 't is strange that the Remonstrants should close this Article with a loud and known untruth to the contrary To the Twelfth That the Proclamations enjoyning Strangers to leave the City were issued not only upon sound Reasons and good cause since approved of by his Majesty but also were published at the request of the Popish Inhabitants of Dublin however no Person of Quality or Credit was affronted thereby but were civilly permitted to stay And the Third Proclamation viz. that of the 11 th of November was designed to send the Gentry home to keep the Country quiet unless they had cause of stay in the City however not so much as one Gentleman was either threatned or punished for disobedience thereunto But many and even some Citizens that had liberty to stay in Dublin went voluntarily and did joyn with the Rebels and now they cover their Treason with a pretence that they were forced to go And it is not true that any of the Rebels offered to submit until after the relief of Tredagh when his Majesties Army was Master of the Field nor that any of the Cizens were pillaged or their Goods seized until after the Remonstrants were in open Rebellion Nor then with the consent of the Government who did what it could to prevent and punish Pillaging as by their several Proclamations may appear And as the Lords Justices did nothing without the Council so neither did they countenance any disorder nevertheless they are not accountable for all the Irregular acts of an ill paid Army especially against Rebels that had given such barbarous provocations That the Lords Justices did give Commission to two Papists that desired it to treat with the Rebels but that indulgence as the rest was abused to base ends and produced nothing of the effect propos'd and that no Houses were willingly burnt unless they belonged to Persons in open Rebellion and for Protections the Government granted very few having found by Experience that Protections always turn'd to his Majesties disadvantage because the Protected underhand relieve the Rebels and when they find a fit opportunity do themselves relapse However those few Protections that were granted were punctually observed and the publick Faith never violated by the Lords Justices connivance or consent and when it was discovered that the Protected did Murther stragling Soldiers and carry Powder c. to the Rebels their Passes were revoked and superseded by publick Proclamation and timely notice given them and no man suffered quatenus a Catholick or Irish-man unless he were also a Rebel as they generally were Nor ought the Remonstrants to complain even of the unjustifiable insolence of the Soldiers since all inconveniences consequential to the Rebellion and occasioned by it are justly chargeable on those that begun it And as to such Slaughters as have happened amongst the Confederates in the course of a just War and in defence and necessary Preservation of an innocent People they are no Murthers but the just Chastisements of a Religious Prince on unnatural Rebels and do not amount to the Tenth part of the number they Murdered in cold Blood and without Provocation To the Thirteenth It is strange that those who are so
inconveniencies the Supremacy of Rome and take away or much endanger your Majesties supream and just Authority in Causes Ecclesiastical Administration of Honour and Power not to be endured the said Acts extending as well to seditious Sectaries as to Popish Recusants so as by the Repeal thereof any Man may seem to be left to chuse his own Religion in that Kingdom which must needs beget great Confusion and the abounding of the Roman Clergy hath been one of the greatest Occasions of this late Rebellion Besides it is humbly desired that your Majesty will be pleased to take into your gracious Consideration a Clause in the Act of Parliament passed by your Majesties Royal Assent in England in the 17 th year of your Reign touching Punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Prop. That your Majesty will be pleased to call a free Parliament in the said Kingdom to be held and continued as in the said Remonstrance is expressed and the Statute of the Tenth Year of King Henry the Seventh called Poyning'â— Acts explaining or enlarging the same be suspended during that Parliament for the speedy Settlement of the present Affairs and the Repeal thereof to be there further considered of Answ Whereas their desire to have a free Parliament called reflecteth by secret and cunning Implication upon your Majesties present Parliament in Ireland as if it were not a free Parliament We humbly beseech your Majesty to represent how dangerous it is to make such insinuation or intimation to your People of that Kingdom touching that Parliament wherein several Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of high Nature as we humbly conceive is not properly to be discussed but in Parliament and your Majesties said Parliament now sitting is a free Parliament in Law holden before a Person of Honour and Fortune in the Kingdom composed of good loyal and well-affected Subjects to your Majesty who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the true Protestant Religion and for your Majesties Service and the good of the Church and State that if this present Parliament should be dissolved it would be a great Terror and Discontent to all your Majesties Protestant Subjects of the Kingdom and may be also a means to force many of your Majesties Subjects to quit that Kingdom or peradventure to adhere to some other party there in opposition of the Romish Irish Confederates rather than to be liable to their Power which effects may prove of most dangerous Consequence And we humbly offer to your Majesties Consideration your own gracious Expression mentioned in the Grounds and Motives inducing your Majesty to agree to a Cessation of Arms for one whole Year with the Roman Catholicks of Ireland Printed at Oxford the Ninteenth of October 1643. And let all our good Subjects be assured that as we have for these reasons and with Caution and Deliberation consented to the Proposition to peace and to that purpose do continue our Parliament there so we shall proceed in the accomplishing thereof with that Care and Circumspection that we shall not admit even Peace it self otherwise than it may be agreeable to Conscience Honour and Justice We also humbly desire that such Laws as your Majesty shall think fit to pass may be transmitted according to Poyning's Law and other Laws of Explanation thereof or of Addition thereunto now in force with great Contentment and Security to your Majesties Protestant Subjects but if the present Parliament be dissolved we humbly represent unto your Majesty that so many of your ablest and best Protestant Subjects have been murthered or banished by this Rebellion that few or no Protestant Freeholders will be found in the Countries Cities or Boroughs to elect and chuse Knights Citizens or Burgesses which will be most dangerous to your Majesties Rights and Prerogatives and good Subjects and may beget great disputes in After-times for the repealings of Poyning's Acts notwithstanding their seigned Expressions of their Loyalty yet it plainly appeareth they do not repose such Trust in your Majesties Justice as becomes Loyal Subjects to do and such they pretend themselves to be for that they seek thereby to prevent your Majesty and your Council of England and Ireland of so full a View and Time of Mature Consideration to be had of Acts of Parliament of Ireland before they pass as in prudence is requisite and hath been found necessary by the Experience of well near Two Hundred Years and if their intentions were so clear as they profess we know not why they should avoid the strictest View and Trial of your Majesty and your Councils of both Kingdoms this their desire tending to introduce a grand Diminution to the royal and necessary Power for the Conservation of your regal State and Protection of your good Protestant Subjects there and elsewhere and what special use they aim at in seeking such a repeal your Protestant Subjects as they know not the particular so can they conjecture of none unless the said Confederates have some design by way of surprize to obtrude upon your Majesty in their new desired Parliament some Acts of Justification of their ill-done Actions and for condemning such of your Protestant Subjects as have in their several Degrees most faithfully served your Majesty there which we the rather believe seeing they have vowed by their Oath of Association and the Bull lately published in Ireland since the Cessation the Destruction of the Protestants there when they have the Sword in their hands to put the same in Execution 3. Prop. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the Seventh Day of August 1641. be clearly annulled and declared void and taken off the File Answ We humbly desire that they particularize those Orders and Ordinances which may prejudice your Majesties Service for we are well assured that the Parliament now sitting in Ireland on Signification of your Majesties Pleasure therein will give your Majesty full satisfaction or repeal any unjust Orders or Ordinances whatsoever which may be prejudicial to your Majesty And there may be some Orders or Ordinances which may concern particular Persons in their Lives Liberties or Fortunes that may suffer unheard by the admitting of so general a Proposition which is meerly proposed as we humbly conceive to put a Scorn upon your Majesties Parliament now sitting there and to discourage your Protestant Subjects who have faithfully served your Majesty in that Parliament 4. Prop. That all Indictments Attainders Outlawries in the King's-Bench or elsewhere since the said Seventh Day of August 1641. and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all other Records Act or Acts depending thereon or in prejudice of the said Catholicks
continue free Traffick and Commerce with all his Majesties good Subjects of England and that we will not in the least manner prejudice any of them that shall have recourse to our Harbours either in their Bodies Ships or Goods nor shall we take any thing from them without payment of ready mony for the same And now that by his Majesties said Command we have proceeded to re-enter upon the work of his service in this Province we conceive no higher Testimony can be be given of his Majesties acceptation or of the estimation we bear about us towards their proceeding than by resorting unto them in person with his Majesties Authority and exhibiting unto them the incouragement and satisfaction they may receive in this assurance that as we bear an especial regard to their present undertakings and performances accompanied with a real sense of their former sufferings so least there should any advantage be derived unto those who endeavour to improve all opportunities of sowing sedition and distrust by this suggestion that the former differences in judgement and opinion which have induced persons to serve diversly under his Majesty and the Parliament will occasion prejudice or ill resentments to arise towards such Persons as have not formerly concurred in judgment with others in his Majesties service We do declare that we are qualified with special Power and Authority from his Majesty to assure them that no distinction shall be made in any such consideration but that all persons now interested and engaged in this cause shall be reflected upon with equal favour and regard and that we shall make it our endeavours so to improve and confirm his Majesties Gracious disposure towards them as that we will never call to memory any past difference in Opinion Judgment Action or Profession to the prejudice of any Member of this Army or any person relating to it but on the contrary shall be very ready to attest our good affections towards them in the discharge of such good Offices as shall be in our power in return whereof we shall only expect their perseverance in their present ingagements for his Majesties service with such alacrity constancy and affection as may suit with their late publick Declaration and Professions To whom we desire this assurance also may be inculcated that as we shall in the future use our utmost care and diligence to provide for their preservation from the like hardships to those they have formerly undergone so we have already employed our best industry and endeavours for the settlement of such a course as we may with most reason hope will in these uncertain times produce a constant and competent subsistence for them enabling them to make such a progress in their present undertakings as may with the accomplishment of the great ends thereof establish their own Honour and content Thus much we have thought fit to publish unto the world to furnish it with an evidence of strong conviction against us if we ever swerve to the best of our power from the just ways of maintaining the true Protestant Religion the Honour and Interest of his Sacred Majesty the just Rights of Parliament the Liberties of the Subjects and the safety quiet and wellfare of the people instrusted to our Care At Cork 6 Octob. 1648 Append. XLIII Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General of his Majesties Kingdom of Ireland for and on the behalf of his most Excellent Majesty by vertue of the Authority wherewith the said Lord Lieutenant is instrusted on the one part And the General Assembly of the Roman Catholicks of the said Kingdom for and on the behalf of His Majesties Roman Catholick Subjects of the same on the other part HIs Majesties Roman Catholick Subjects as thereunto bound by allegiance duty and nature do most humbly and freely acknowledge and recognize their Soveraign Lord King Charles to be lawful and undoubted King of this Kingdom of Ireland and other his Highness ' s Realms and Dominions And his Majesties said Roman Catholick Subjects appreheuding with a deep sence the sad condition where unto His Majesty is reduced As a farther testimony of their Loyalty Do declare that they and their posterity for ever to the utmost of their power even to the expence of their blood and fortunes will maintain and uphold His Majesty His Heirs and lawful Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience Of which faithful and loyal recognition and declaration so seasonablly made by the said Roman Catholickes His Majesty is graciously pleased to accept and accordingly to own them His loyal and dutiful Subjects And is further graciously pleased to extend unto them the following graces and securities 1. IMprimis It is concluded accorded and agreed upon by and between the said Lord Lieutenant for and on the behalf of His most Excellent Majesty and the said General Assembly for and on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be enacted by Act to be passed in the next Parliament to be held in this Kingdom that all and every the Professors of the Roman Catholick Religion within the said Kingdom shall be free and exempt from all Mulcts Penalties Restraints and Inhibitions that are or may be imposed upon them by any Law Statute Usage or Custom whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise enacted that the said Roman Catholicks or any of them shall not be questioned or molested in their Persons Goods or Estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any Power Authority Statute Law or Usage whatsoever And that it shall be further enacted That no Roman Catholick in this Kingdom shall be compelled to exercise any Religion Form of Devotion or Divine Service other than such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their Persons Goods or Estates for not observing using or hearing the Book of Common-Prayer or any other Form of Devotion or Divine Service by vertue of any Colour or Statute made in the second Year of Queen Eliz. or by vertue or colour of any other Law Declaration of Law Statute Custom or Usage whatsoever made or declared or to be made or declared And that it shall be further enacted that the Professors of the Roman Catholick Religion or any of them be not bound or obliged to take the Oath commonly called the Oath of Supremacy expressed in the Stat. of 2 El. c. 1. or in any other Statute or Statutes And that the said Oath shall not be tendered unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of