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A85090 The false and scandalous remonstrance of the inhumane and bloody rebells of Ireland, delivered to the Earl of St. Albans and Clanrickard, the Earl of Roscomon, Sir Maurice Eustace Knight, and other His Majesties Commissioners at Trim, the 17. of March, 1642. to be presented to His Majesty, by the name of The remonstrance of grievances presented to His Majestie in the behalf of the Catholicks of Ireland. ... Together with an answer thereunto, on behalf of the Protestants of Ireland. Also a true narration of all the passages concerning the petition of the Protestants of Ireland. ... August 27. 1644. It is this day ordered by the Committee of the House of Commons in Parliament concerning Printing, that the books, intituled, An answer presented to His Majestie at Oxford, unto the false and scandalous remonstrance of the inhumane and bloody rebells of Ireland; together with A narration of the proceedings at Oxon, be forthwith printed and published: John White. 1644 (1644) Wing F343; Thomason E255_2; ESTC R210053 139,001 137

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them to introduce law for the extirpation of Catholique Religion in the three Kingdomes at any time before these Remonstrants openly entred into this actuall Rebellion and bloudy assacination though those Remonstrants draw it in amongst their provocations to take up Armes Neither indeed did those Remonstrants feare any violence or sharpe prosecution from their quiet Neighbours the Protestants in Ireland there having been very great and as now appeares very dangerous patience used towards the Remonstrants aswell by Governours as all Officers and Protestants who would have beene glad to live among them in peace if the Remonstrants could have endured their company Lastly whereas they seeme grieved That the Parliament of England encroached against law and unjustly upon the Priviledges of Parliament in Ireland in sending for and questioning too and in the English Parliament the members of that Parliament They do wel now to expresse sence of it amongst the rest of their pretexts for their wicked acts But when Protestant members of this Parliament against whom that pretended encroachment most extended were sent for they imploring the aid of the Parliament of Ireland to defend them and their priviledges were not holpen therin by the Commons house but were answered by a leading Member of the Cōmons house now a Remonstrant that the House should do well not to take notice thereof least any variance should arise betweene the two Parliaments so unwilling they were to assist the Protestants or maintaine that right which now they so stoutly challenge though a good while afterwards both Houses tooke occasion to write to their Committee in England to sollicite concerning that particular And so little feare had they then of any pernicious purposes in that Parliament against them though they now make mention of that Parliaments unwarrantable invasion since made on your Majesties Rights and Prerogatives as a pretence for their wicked and abominable actions long before that begun In the seventh Article Those Remonstrants doe justly acknowledge your Majesties grace and Princely patience in hearing their grievances 7. Article which would have wrought upon any loyall or dutifull heart to returne love and obedience to so gracious a Soveraigne and at least neighbour-like demeanour towards your Majesties faithfull Subjects the Brittish and Protestants which how they performed their then immediately ensuing acts doe demonstrate But in this Article also they continue their untrue and malicious calumniations against your Majestie in your Governours and Officers who did never give any of them just cause of offence It cannot appeare that the Lords Justices and Counsell did give any untrue Information against them or the Committees of that Parliament neither is it true that any such thing was done for that they know the Counsell of whom the Lords Justices then were gave all the furtherance they could to the going of that Committee Hoping that what your Majestie should be pleased to grant might redound to the common benefit of your people Neither did any Privie Counsellours goe into England of purpose to crosse or give impediment to your Majesties Justice and graces But it is true that the late Lord Dillon afterwards Earle of Roscomon and Sir Adam Loftus your Majesties Vice-Treasurer were about that time sent for by your Majestie upon the motion of your Parliament of England as it seemed to testifie in the cause moved in that Parliament against the Earle of Strafford And if in their attendance there their advice or knowledge concerning any thing there propounded or handled by the Committee were required by your Majestie doubtlesse those Counsellours did faithfully discharge the duty of good servants to your Majestie and true wel-wishers to that Kingdome being both Natives thereof and members of that Parliament Neither did your Majesties Justices and Counsell transmit unto your Majestie or any of the State of England any misconstructions or misrepresentations of the proceedings and actions of that Parliament but rather it may justly be beleeved that those Remonstrants doe worke upon their owne evill imaginations in this as in the former Articles they have presumed to avouch severall knowne untruths Nay the Lords Justices were so farce from any such malevolence to that Parliament or any Members thereof as when they received your Majesties Commission dated the sourth of Ianuary 1640. authorizing them to continue prorogue or determine the Parliamnent as they thought fit They in confidence that the intent of all the Members of the Parliament was for the generall good of the Kingdome and your Majesties service did willingly continue it and gave all countenance and assistance to it which well appeares by a motion made by a noble Peere in the Lords House That the Lords Justices had alwayes chearfully received their requests and Messages and were ready to comply with them desiring it might be entred to the end it might remaine to posteritie It is also conceived that when your Majestie had given direction that all Letters from thence should be kept apart to the end the Committee might have recourse unto them if any such misrepresentations could have appeared to them they would have instanced the same in this Remonstrance and not have offered to your Majestie suppositions for certainties And touching the Parliament of Irelands power of Judicature in matters Capitall there was nothing written from thence concerning that matter untill your Majestie being advertized of the impeachment of the Lord Chancellour and others in the Lords House required the Lords Justices to search and certifie whether any presidents might be found there for such a proceeding Your Majestie then also graciously declaring that as your Majestie intended not to prejudice the Rights of the Lords House so your Majestie did expect that they should nto introduce any new president for that cause Thereupon the Lords Justices having searched and demanded of the two Houses of Parliament if any such presidents they could shew none were produced which the Lords Justices certified backe to your Majesties principall Secretarie as in duty they ought And it is beleeved that those Remonstrants would not now more earnestly presse for that power in Judicature then heretofore was done were it not by the exercise or terrour thereof if their partie could have prevailed to rid themselves of your Majesties English Judges and Officers whom they cannot endure to beare rule amongst them though they clearly saw the Kingdome prospered above any former times under their great labour and travell It is most untrue that your Majesties Protestant officers or subjects did envy the good union betweene the two Houses But the truth is they did labour to cherish and confirme it by their uttermost skill and industry And if your Majesties servants or your Protestant subjects did happen to oppose those Remonstrants in any their undutifull motions and projects either concerning Religion or your Majesties Protestant Clergie or concerning the derogation of your Majesties Prerogatives Rites and authories or malicious practise against your Majesties Officers Those Remonstrants did and now
side if the same had been left to the order of the friends there would have been none to informe against them The Judges of that Court also did take order actually to pay many of those heires debts out of the heires estate in some cases 1000. pounds if the Wardship continued any time in other cases lesser summes as they could enforce the money received out of their friends the trustees hands who would often endure imprisonment ere they would pay it in They also often appointed portions for Daughters and younger children many times also by labour and suite preserved their estates from encroachment of friends and neighbours and secured for them their Leases Chattels and Debts if they could discover any And lastly tooke care of their Marriages as farre as they could and specially of their Evidences It is also manifest that the Compositions taken for Marriages of Wards Lyveries ouster le maynes Allienations and other contempts were very easie and moderate the values of the estates and the charges and incumbrances thereupon duly considered your Majestie alwayes receiving but a small part of what was justly due to your Majestie and in many cases lesse then by your Majesties instructions the graces was ordained It is also most apparant that if the heires were so under age as any way fit for schooling 6. and other good learning for which purpose by the care of that Court of Wards speciall houses honest and religious Overseers Schoole-masters and Ushers were waged and ordained many of the Wards sent to the Colledge when they were fit for it whereby they were all in the view of the Master brought up and instructed in the true Religion and in all other good literature and knowledge fitting their qualitie and by this meanes severall Noblemen and Gentrie are at this day good Protestants and loyall Subjects and for those that afterwards forsooke the Religion and became Papists if they be compared with any of their qualitie in the Kingdome their abilitie and behaviour will testifie their education farre surpassing the others bred in the Countrey All which severall cares as well for education as ordering their estates were in former times neglected and forborne and never any such course held And as to the disallowing of Tenures of mean Lords and avoyding of estates valid in law by unjust judgement It is a causelesse imputation for it is most apparant by the Acts of that Court that whatsoever could in law or conscience bee allowed unto them was done Nay whereas in former times when that part of your Majesties businesse had a kind of being in the Exchequer That Court did usually seize lands upon one De quo or an Ignoramus found of a Tenure of lands But when the Court of Wards was erected those Judges did never seize untill the second De quo which gave the Subject much time and libertie to collect and find out evidences or other matter if any were to helpe himselfe And if any losse and damage happened by those Judgements it fell on your Majesties part through tendernesse towards the parties so farre as the oathes of the Judges could permit In all which the Attorney of the Court is able to give good accompt on whose judgement in law the rest relyed And in cases where the Barre yeelded not to the opinion of the Attorney the Master by your Majesties gracious instructions called others of the most learned and grave Judges who upon arguments on both sides resolved the question and so the judgement passed Besides if differences at any time happened betweene the Judges of that Court They had by your Majesties instructions a resort to the Court of Chancery where they were to sit with the Lord Chancellour and other Judges and there was to be the finall determination where the Judges of the Court of Wards did only once sit on that occasion there being cause for it no oftner And there those Catholique Natives might have sought reliefe daily if they could have justly complained of any erronious and unjust Judgements and as to the swarming of Escheators Feodaries and Pursevants there are but five Escheators and eight Feodaries in the whole Kingdome which is farre lesse then the lawes of the Land doe appoint being all men of knowne judgement moderation and integritie And whereas in the Kingdome of England the heires friends doe with all earnestnesse sollicite those Officers for timely obtaining due discharges against the Crowne In that Kingdome such is the refractorinesse and disobedience of many of those pretended Catholiques as those Officers were driven to expresse them and attend severall disappointed dayes to their no small travell and losse and at last content themselves with bare fees And for Pursuivants there are but two belonging to that Court and their necessary servants And those never used but in cases of contempt And those contempts many times multiplied and in case of non-payment of your Majesties moneys the use of whom the Court were necessitated unto and could not forbeare unlesse they would contrary to their oathes suffer your Majestie to lose your Majesties legall and just profits And truly aswell may these Remonstrants charge the government with multitude of Sheriffs Sheriffs men Bailiffs other Officers by reason that men would not willingly obey the law deale justly and pay their debts and just duties by occasion whereof many were disquieted and attached many outlawed which concluded with their great losse damage But when these Confederates have summoned their inventions to infame that necessary and orderly Court they forbeare to expresse the true grounds of their grievances which are first the education of the Wards as well in civilitie as true Protestant Religion and other good literature which they generally abhorre Secondly that the Uncles and friends might not freely take into their hands the Childrens Evidences Lands Rents and goods and wast them without accompt as they had formerly done tending to the ruine of many heires Thirdly because the just and legall dependancie of the Gentrie is rightly settled in your Majestie whereof the Irish Lords and Chieftaines did in former times unjustly deprive your Majestie and your Predecessors and so labour still to doe Lastly because by the blessing of peace and good order your Majesties rights interests and iust profits were by your Majesties Judges and Officers more carefully looked unto and brought in which also is one true reason why these confederats doe so much hate peace and the government of the Laws because their licentious appetites are thereby somewhat restrained and your Majesties rights and iust Prerogatives maintayned as appeares by their actions In the fift Article the Remonstrants doe still inculcate pressures of purpose to scandalize that government 5. Article where in truth none such were of any moment other then that which was for the service of the Crowne and benefit of the Kingdome which they call greivances or where the publike necessities of the Kingdome iustly required it or the irregular carriage of
not prevayling therein with your Majesty as they expected have by their Letters and instruments labored with many leading Members of the Parliament there to give stop and interruption thereunto and likewise transmitted unto your Majesty and some of the state of England sundry misconstructions and misrepresentations of the proceedings and actions of your Parliament of this your Kingdom and thereby endeavoured to possesse your Majesty of an evill opinion thereof and that the said Parliament had no power of Iudicature in Capitall causes which is an essentiall part of Parliament thereby ayming at the impunity of some of them and others who were then impeached of high Treason and at the destruction of this Parliament But the said Lords-Iustices and privy counsell observing that no art or practise of theirs could be powerfull to withdraw your Majesties grace and good intentions from this people and that the redresse granted of some principall grievances was to be passed as Acts in Parliament The said Lords Iustices and their adherents with the height of malice envying the good union long before setled and continued between the Members of the house of Commons and their good correspondency with the Lords left nothing unattempted which might raise discord and disunion in the said house and by some of themselves and some instruments of theirs in the said Commons house private meetings of great numbers of the said house were appointed of purpose to raise distinction of Nation and Religion by meanes whereof a faction was made there which tended much to the disquiet of the house and disturbance of your Majesties and the publicke service And after certaine knowledge that the said Committees were by the waterside in England with sundry important and beneficiall Bills and other graces to be passed as Acts in that Parliament of purpose to prevent the same the said faction by the practise of the said Lords-Iustices and some of the said privy Counsell and their adherents in tumultuous and disorderly manner on the seventh of August 1641. and on severall dayes before cryed for an adjournment of the house and being over-voted by the voyces of the more moderate part the said Lords-Iustices and their adherents told severall honorable Peeres that if they did not adjourne the Lords house on that day being Saturday that they would themselves prorogue or adjourne the Parliament on the next Monday following by meanes whereof and of great numbers of proxies of Noblemen not estated nor at any time resident in this Kingdom which is destructive to the liberty and freedome of Parliament here the Lords house was on the said seventh day of August adjourned and the house of Commons by occasion thereof and of the faction aforesaid adjourned soone after by which meanes those Bills and graces according your Majesties intention and the great expectation and the longing desires of your people could not then passe as Acts of Parliament Within a few dayes after this fatall and inforced adjournment the said Committees arrived at Dublin with their dispatch from your Majesty and presented the same to the said Lords-Iustices and Councell expressing a right sense of the said adjournment and besought their Lordships for the satisfaction of the people to require short heads of that part of the dispatch wherein your Majesty did appeare in the best manner unto your people might be suddainly conveyed unto all the parts of the Kingdom attested by the said Lords-Iustices to prevent dispayre or misunderstanding this was promised to be done and an instrument drawn and presented unto them for this purpose and yet as it seemes desiring rather to adde fuell to the fire of the subjects discontent than quench the same they did forbeare to give any notice thereof to the people 8 After this certain dangerous and pernicious petitions contrived by the advice and Counsell of the said Sir William Parsons Sir Adam Loftus Sir Iohn Clotworthy knights Arthur Hill Esquier and sundry others of the malignant party and signed by many thousands of the malignant party in the City of Dublin in the province of Vlster and in sundry other parts in this kingdom directed to the Commons house in England were at publick Assizes and other publick places ' made known and read to many persons of quality in this kingdom which petitions contayned matters destructive to the said Catholicks their Religion lives and estates and were the more to be feared by reason of the active power of the said Sir Iohn Clotworthy in the Commons house in England in opposition to your Majesty and his barbarous and inhumane expressions in that house against Catholick Religion and the professors thereof Soon after an order conceived in the Commons house of England that no man should bow unto the name of IESVS at the sacred sound whereof all knees should bend came to the knowledge of the said Catholicks and that the said malignant party did contrive and plot to extinguish their Religion and Nation hence it did arise that some of the said Catholicks begun to consider the deplorable and desperate condition they were in by a Statute Law here found among the records of this kingdom of the second yeare of the raigne of the late Queen Elizabeth but never executed in her time nor discovered till most of the Members of that Parliament were dead no Catholick of this kingdom could injoy his life estate or libertie if the said statute were executed whereunto no impediment remained but your Majesties prerogative and power which were indeavoured to be clipped or taken away as is before rehearsed then the plot of destruction by any Army out of Scotland and another of the malignant party in England must be executed the feares of those twofold destructions and their ardent desire to maintain that just prerogative which might encounter and remove it did necessitate some Catholicks in the North about the two and twentieth of October 1641. to take Armes in maintenance of their Religion your Maiesties rights and the preservation of life estate and liberty and immediately thereupon tooke a solemne Oath and sent severall Declarations to the Lords-Iustices and Counsell to that effect and humbly desired they might be heard in Parliament unto the determination whereof they were ready to submit themselves and their demands which Declarations being received were slighted by the said Lords-Iustices who with the swaying part of the said Counsell and by the advice of the said two impeached Iudges glad of any occasion to put off the Parliament which by the former adjournment was to meet soon after caused a Proclamation to be published on the three and twentieth of the said Moneth of October 1641. therein accusing all the Catholicks of Ireland of disloyalty and therby declaring that the Parliament was prorogued untill the six and twentieth of February following within a few dayes after the said three and twentieth day of October 1641. many Lords and other persons of rank and quality made their humble addresse to the Lords-Iustices and counsel made
disorderly pillagings lighted somtimes aswell on the British and Protestants and some Romane Catholique Inhabitants of the City and Suburbs as upon the open Rebells As to the Cities and Townes of Dublin Drogheda and the rest which were kept by your Majesties Garisons It is true they indured the trouble of unruly Souldiers much against the hearts of the Lords Justices and Councell but all their miseries and the miseries of all other good men happened by occasion onely of the hatefull Conspiracy and violent Rebellion of the Confederates because they were under the English Government The Confederates did use them worse then the Egyptians did the Israelites for they tooke away but the Straw whereas these Confederates besides the Innocent blood they have spilt did not onely actually rob and spoile of their substance them aswell Papists of the Cities as Protestants in the Country where they were able but also which was worse having gotten into their hands by way of trust very great quantities of their substance partly in fore-knowledge of this Rebellion and partly to answer their barbarous lavish expences they by their Rebellion deprived them of it all to the utter ruine of many of them they not so much as since the Cessation yeelding them any reliefe in their similate Councells and judicatories though free Commerce granted And lastly as to the murthers breaches of publike faith and quarter destruction and desolation in eighteen moneths which by computation must be after the Conspiracy and actuall Rebellion fully discovered and your Majesties Armies sent over The assertion is most false and scandalous in all the parts thereof For whatsoever killing or destruction was then executed on the Confederates and their Complices having their Swords in their hands in a most disloyall and irreligious action was done in naturall defence and in a course of just Warre as a necessary chastisement from a Gracious and Religious Prince upon the unnaturalnesse of unfaithfull Rebells After the Siege of Drogheda the old English of the Pale being forced into Vlster they did vaunt that they had killed more English and Protestants in Fingall then were killed in many other Counties raging in all extremity against the Lives Persons and Estates of your innocent and obedient Subjects neither did all that killing and destruction amount to the tenth part of the murthers and destructions in neere foure moneths before committed upon your Majesties Loyall and innocent Subjects and that by sudden surprisall in open peace and cold blood when they were no way able to make resistance as is too apparent But nothing could relish with the Confederates as favouring of equity except the Lords Justices and Councell would in base feare have treacherously delivered up to them your Majesties Prerogatives Rights and Soveraignty their owne lives for their substance and estates they had before violently torne from them and the lives of all the remaining wretched British and Protestants the lives of many thousands of the same kind of men and the whole substance of them and the rest being not sufficient to satiate the malice of the Confederates against their lives their thirst after their estates and their hatred to the Protestant Religion British Nation and English Government And the indisposition of the Lords Justices to shed blood appeared in that above sixty persons who amongst many hundreds came to surprize Dublin were on the 23 of October 1641. apprehended none suffered death fave one of Fermanagh who as the Lord Magwire confessed was privy to the Plot and many like instances there are of their great tendernesse in that point In the thirteenth Article THese confederates do further shew Art 13. that one main foundation of their Rebellion is their hatred of all Law and good order They cannot indure that the Parliament should sit which is your Majesties highest favour to your people for the common good Or that the Courts of Justice should sit according to the ancient and laudable Laws of the Kingdom by the benefit whereof they had for so many yeeres undeniably prospered and advanced into that happy estate which none of their ancestors ever saw in that Kingdome many of them innobled and all of them inriched as doth well appeare in the Statute 11 Jacobi Cap. 1. But of all things it is and will bee for ever admirable that they should challenge interest in the fundamentall Laws which they have laboured by all their power and policy to pluck up by the rootes And with a high hand have executed all manner of violations of those Laws both against Prince and people as doth well appeare in the forementioned Collections truely made and by a publique Declaration of both Houses of Parliament made the 17 of November 1641. That they should call themselves naturall and genuine members of the Parliament which is an Assembly of Peace and Order they having rent asunder and cast from them all the bonds of humane society peace and order and that they should complaine of want of safety to come under that power which they so wilfully renounced having under it had full fruition of the happiest protection and being that ever they or any of their Ancestors injoyed whereof under God nothing could have deprived them but their own inordinate rage and appetite Can they imagine it reasonable that because they will bee Rebels without cause or provocation therefore your Majesty and your good people must neither have Parliament nor Courts of Justice to sustaine and comfort them will nothing satisfie them but an intire concurrence of all your Majesties people in their confusions And whereas they affect to vilify the members of the Parliament doubtlesse they cannot but know that the Peeres are the same they were when they were thought worthy to sit with them And for the Commons they are for the most part the same that sate with them while they could bee capable of so honourable a trust and were as active and able in the Service of your Majesty and Commonwealth as any of them much more faithfull And for such of these confederates as the wholesome Laws of the Land have cast out for their treasons and breach of Faith both to God and man there are by due order and election substituted in their places men of Estate for the most part but all honest and legall men They speake much in some of their Printes of the Power and Priviledge of Parliament Yet now because their offences have made them unsit for such trust they spurn at that Power and cannot indure it in those faithfull men whom the fundamentall Laws have appointed unto it Certainly it is wonderfull that those confederates should imagine that by the highest treasons murthers robberies faith-breakings betraying their peaceable Neighbours and Friends and utterly spoyling the whole British Nation and Protestants in that Kingdome of their whole Estates they should gain priviledge to speak evill of all manner of Authority and to bee thought the onely good Governours of the Commonwealth miserably distracted by