many other Freedoms and Bounties conveyed to you and your Posterity by those Articles there is a door and that a large one not left but purposely set open to give you entrance by your future Merit to whatsoever of Honour and Advantage you can reasonably wish So that you have in present fruition what may abundantly satisfie and yet there are no bounds set to your hopes but you are rather invited or to use a new phrase but to another and better end you seem to have a Call from Heaven to exercise your Arms and uttermost Fortitude in the Noblest and Justest Cause the World hath seen for let all the Circumstances incident to a great and good Cause be examined and they will be found comprehended in that which you are now warrantably call'd to defend Religion not in the narrow circumscribed definition of it by this or that late found out name but Christian Religion is our Quarrel which certainly is as much and fatally struck at I may say more by the blasphemous License of this Age than ever it was by the rudest Incursions of the most barbarous and avowed Enemy to Christianity the Venerable Laws and Fundamental Constitutions of our Ancestors are trodden under Impious and for the most part Mechanick feet The Sacred Person of our King the Life of those Laws and Head of those Constitutions is under an ignominious Imprisonment and his Life threaten'd to be taken away by the Sacrilegious hands of the basest of the People that owed him obedience and to endear the Quarrel to you the Fountain of all the benefits you have but now acknowledg'd and which you may further hope for by this Peace and your own Merit is endangered to be obstructed by the execrable murther of the worthiest Prince that ever Ruled these Islands In short Hell cannot add any thing to the desperate Mischiefs now openly projected and now judge if a greater and more glorious Field was ever set open to Action and then prepare your selves to enter into it receiving these few advices from him that is throughly Embarqu'd with you in the Adventure First let me recommend to you that to this as unto all holy Actions as certainly this is you will prepare your selves with perfect Charity a Charity that may obliterate what-ever Rancor the long continued War may have contracted in you against any that shall now co-operate with you in so blessed a Work and let his Engagement with you in this whoever he is be as it ought to be a Bond of Unity of Love of Concord stronger than the nearest Tyes of Nature In the next place mark and beware of those who shall go about to renew jealousies in you under what pretence soever and account such as the infernal Ministers imploy'd to promote the black design on foot to subvert Monarchy and to make us all slaves to their own avaritious lusts Away as soon and as much as possible may be with distinction of Nation and Parties which are the fields wherein the seeds of those Rancour-weeds are sown by the great Enemy of our Peace In the last place let us all divest our selves of that preposterous and ridiculous ambition and self-interest which rather leads to our own threatned general ruine than to the enjoyment of advantages unreasonably desired And if at any time you think your selves pinch'd too near the bone by those Taxes and Levies that may be imposed for your defence consider then how vain how foolish a thing it will be to starve a righteous Cause for want of a necessary support to preserve your selves fat and gilded Sacrifices to the rapine of a merciless Enemy And if we come thus well prepared to a Contention so just on our Parts God will bless our Endeavours with success and victory or will crown our Sufferings with honour and patience for what honour will it not be if God hath so determin'd of us to perish with a long glorious Monarchy and who can want patience to suffer with an oppressed Prince But as our Endeavours so let our Prayers be vigorous that he may be delivered from a more unnatural Rebellion than is mention'd by any Story now raised to the highest pitch of Success against him I should now say something to you as to my self in Retribution to the advantagious mention made of me and my Endeavours to the bringing this Settlement to pass But I confess my thoughts were taken up with those much greater Concernments Let it suffice that as I wish to be continued in your good Esteem and Affection so I shall freely adventure upon any hazard and esteem no trouble or difficulty too great to encounter if I may manifest any Zeal to this Cause and discharge some part of the Obligations that are upon me to serve this Kingdom It will not here be necessary to insert the Articles of Peace at large which are publickly known to the World though we shall sum them up in brief It is sufficient that the Lord Lieutenant granted all that was enough in the Judgements of the Romish Catholick Bishops and even of the Bishop of Ferns that Incendiary and still waspish Prelate requisite to a peaceable and secure profession of that Religion with such countenancing of and support to it as from the first planting of it it had never in some respects been possessed of in that Kingdom but was likewise compelled so far to comply with the Fears and Jealousies of divers who by often breaking their Faith and from a greater guilt were apprehensive that all that was promised to them might not be hereafter observed as to divest himself of that full and absolute Power that was inherent in his Office and was never more fit to be exercised than for the carrying that Design in which they seem'd all to agree and to make 12 Commissioners nam'd and chosen by the Assembly to look to the observation and performance of the said Articles until the same should be ratified in a full and peaceable Convention of Parliament joynt sharers with him in his Authority So that he could neither levy Souldiers raise Money or so much as erect Garrisons without the approbation and consent of the major part of those Commissioners the danger and mischief of which limitation and restraint he foresaw enough but found the uniting that People and composing them to an entire confidence in the Peace which could be compassed no other way was so necessary that he could not sacrifice too much to it And then the abilities and the affections of the Commissioners were so well known and approved by him that having most of them in appearance the same good Ends with him he presum'd he should with less difficulty be able to perswade which were the nearest and most natural ways that conduced thereunto The Heads of the Articles of Peace 1648. 1. THat the Roman Catholicks of Ireland have free Exercise of Religion all Penalties taken off not obliged to the Oath of Supremacy to enjoy all
greater Contagion to our Religion then could arise from those light differencies was imminent by Persons common Enemies to them both namely the great number of Priests both Seminaries and Jesuits abounding in this Realm as well of such as were here before our coming to this Crown as of such as have resorted hither since using their Functions and Professions with greater liberty then heretofore they durst have done partly upon a vain confidence of some Innovation in matter of Religion to be done by us which we never intended nor gave any man cause to expect and partly upon the assurance of our general Pardon granted according to the custom of our Progenitors at our Coronation for offences past in the days of the late Queen which Pardons many of the said Priests have procur'd under our great Seal and holding themselves thereby free from the danger of the Laws do with great Audacity exercise all Offices of their Profession both saying Masses perswading our Subjects from the Religion Established and reconciling them to the Church of Rome and by consequence seducing them from the true perswasion which all Subjects ought to have of their Duty and Obedience to Us Of which though I might urge more I have no itch to enlarge their own Scourge may be their Punishment Saepe in Magistrum scelera redierunt sua Certain it was the Irish hop'd to shake off the English Government by that attempt but how improbable a Series of 500 years Succession sufficiently evinces every defection in the People having rooted the Prince more intire that at length methinks they should be wean'd from further Assays of that nature though where there are a People who look towards Egypt there will not want some to cry out for a Captain to lead them But to descant hereupon is not my design being willing to believe that Janus's Gates may henceforth be shut Allegiance being the aim not the pretence of their present Submission What I here endeavour is to clear by what Steps the late Rebellion arrived at its Height and how it came in so short a time to sweep all before it In handling of which I shall first shew the Condition of the Kingdom some years before the Rebellion Then I shall speak of the preliminary Acts thereunto and therein detect the vanity of those who would fix the Rebellion at first upon a few discontented inconsiderable Persons a Rable Authors of all the Civil War that followed in Ulster onely when the Plot was a long laid Design determin'd by the main Body of the Nation as Rory-Mac-Guire ingenuously told Colonel Audley Mervin That this great undertaking was never the Act of one or 2 giddy fellows We have said he our Party in England we have our Party in Scotland that will keep such as would oppose us busy from sending you any Aid in as much as I could tell you who the Persons were that were designed for the Surprisal of all the Places of Strength And in the Declaration of the Archbishops Bishops and other Prelates of Ireland at Jamestown the 12. of August 1650. It is there acknowledged That the Catholick People of Ireland so not the Rable in the year 1641. were forc'd to take up Arms for the defence of Holy Religion their Lives and Liberties which some very industriously would fain wipe off as being too undeniable an evidence of their inclinations before those vain pretences they fly to as their main Subterfuge drove them into the Net with others Yet we shall herein so clear the folly of what they would have the World believe as their Excuse serves mainly to aggravate their Crime Mens Impudicam facere non casus Solet Afterwards I will fall on the Subject till the Cessation manag'd by subtil Instruments of State Yet not without great Disgusts to some highly improv'd to the event of what afterwards ensued Then we shall proceed to the Conclusion which betwixt the Cessation and that will appear to have many notable changes such as though some Histories may lead you through many varieties this more In clearing of which I should have been glad of more Originals than I could meet with especially such as might have detected the whole Proceedings at Kilkenny where the Design was so closely anvil'd as all things afterwards were found there in defiance of his Majesties Authority There first the Clergy compact a General Congregation which summon'd a General Assembly equivalent in their Veneration to a Parliament and that Established a Supream Council of the Confederate Catholicks which received from them Sanction and Laws by which Coin was stamped National and Provincial Court Established Estates setled their Clergy Re-established the Popes Nuncio receiv'd Ambassadors sent thence and others entertain'd from Foraign Princes all under a Soveraign Seal of their own and what else might bespeak them independent on any but their own Power But the Evidence of these and some other Records being the Treasure of fearful men whom a specious Artifice had charm'd easy Keys oâ— Interest could not freely purchase The Records however of that presumptious Assembly are notwithstanding the unfortunateness of the Age yet secur'd in his Library which though before it wanted little to make it venerable will in future Ages be resorted to as a Treasure invaluable securing those Secrets which the malice of so potent an Enemy would have improv'd to the ruine of an Empire Yet as I have already said I ground little if any thing but on Proofs Nay I have so well sifted Kilkenny it self though no Art hath been omitted to shuffle up the Proceeding there as the Original Progress and State of that Conclave is not without faithful and notable Remarks more being under the Vizard than appear'd in the Disguise though the Retirement I have now betook my self to suitable to the effects of so disconsolate a Rebellion deprives me of those Councils and Societies which by a free'r Commerce might have rectified either my Sence or Stile For the most part I have in the Appendix set down Copies of the weightiest Records they carrying so much even of the History in them as they eas'd me in the Story I should have been forward to have enlarg'd more nothing of that nature being otherwise than important But in that his Majesty's Works Sir John Temple of the Irish Rebellion Husbands Collections of Orders Ordinances and Declarations of both Houses of Parliament the Commissioners of Ireland's Remonstrance to the House of Commons in England of the condition of the Clergy and Protestants the Speeches of several Members Diurnals Walshes Loyal Formulary the Answer to the Irish Remonstrance presented at Trim 1642. And other Prints being extant I have rather chose to refer the Reader often thither then engage him in too Voluminous a Tract though where any Relation act or other Material Instrument makes up the Story not without injury to be abreviated we have tied our selves to the Words It was my happiness I must acknowledge to meet with a
July 1642. to Philip Mac-Hugh Mac-Shane O Relie and others on honourable Conditions Sir Francis Hamilton the Lady Craig Sir Arthur Forbes Baronet and others march'd thence with credible Articles faithfully set down by Dr. Jones in his Relation of the Rebellion in Cavan worthy perusal Those with others that came from these Castles were 1340 in number who being convey'd towards Tredath were all received by Sir Henry Tichbourn eight miles from Tredath and afterwards dispos'd of as was most convenient One of the Places most considerable in this County first surpriz'd was Cloughouter whereof Arthur Culme Esq was his Majesties Captain a Fort certainly of great strength environ'd with a deep Water and distant from shore more than Musket-shot in which the Lord Bishop of Kilmore Dr. Bedel was imprison'd though afterwards Exchang'd by Sir James Craigh and contrary to Articles seiz'd on again who died near Kilmore about the midst of March 1641 and was buried in the Cathedral Church-yard a worthy Person as formerly we had occasion to take notice of One of the brightest Lights of that Church both for Learning and a shining Conversation and in his constant diligence in the Work of the Ministery a Pattern to others In the beginning of the Troubles in this County Captain Richard Rives Commander in Chief of Sir John Borlase Lord Justice his Troop Garrison'd at Belturbet acted very close and gallantly attending the English with much faithfulness till by the command of the State who suspected his surprizal he was recall'd to Dublin marching thither through the Enemy over many dead Bodies that with Famine had perish'd in the way performing afterwards being Sir Borlase's Junior's Lieutenant Colonel very many honourable services as at Athboy near Trim with the Lord Lisle where they notoriously beat up the Rebels Quarters as else-where viz. Kells Carickmacros the Earl of Essex's Castle in Monaghan which they took from the Rebels with a considerable advantage in October 1642. highly deserving the publick notice though since he was unfortunately put away heading Colonel Penruddock's and Sir Wagstaff's Party in the West of England about the 14th of March 1654. And now by reason that more People flock'd to the City and that the Lords Justices and Council had frequent intelligence from several parts of the insolent proceedings of the Rebels against the British and Protestants in the Borders of the Pale as well as the adjacent Counties they the xi of November prohibited the access of unnecessary Persons not any way restraining such as by their Quality or Business gave no grounds of Exceptions as by the Act it self is evident which you will find in the Appendix However there were some venom'd with the vigilancy of the State who endeavour'd to cast a blemish on this Proclamation though afterwards it appear'd to be his Majesties sense in his Letters to the Lords Justices in December following Yet the 16th of November the Parliament freely met according to the Adjournment Mr. Darcy Mr. Burk and other active Members of the House of Commons having exceedingly importun'd the same the deferring thereof being as they urg'd it an injury to the whole Nation as hindring them from expressing their Loyal affections to his Majesty and shewing their desires to quell this dangerous Rebellion withall engaging that there should be on their meeting a clear Protestation against the Rebels else for fear there should have been some prejudice to the State by the concourse of People at that time the State was once resolved having power from his Majesty so to do by a Proclamation of the 27th of October to have deferr'd the Parliament to the 24th of February next ensuing for several causes therein mention'd but especially for that his Majesty desir'd the Lord Lieutenant should be there As by another Proclamation the same 27th of October the Lords Justices and Council had adjourn'd Michaelmass-Term To avoid in that exigency those great and manifold perils and dangers that might have ensu'd to the State by such concourse of People out of all the parts of the Kingdom unto the City of Dublin as the holding of the Term would necessarily require by reason of the late most disloyal and detestable Conspiracy plotted by a multitude of evil-affected meer Irish Papists But however the Parliament met And here it was visible that more were tainted with the Infection than appear'd in Rebellion Lord what artifice what cunning what varnish was put upon all the Rebels actions and cruelties Those who seem'd to be most affected with the Insurrection cover'd it with such a vail treated of it so nicely with such tenderness as if they themselves being all indeed of the Conspiracy had been to participate immediately of the Punishment as well as they were clandestinely involved in the Plot By always contesting that they might not be called Traitors and Rebels being privy to what themselves had formerly with these Rebels contrived to be done And fearing it might move the Rebels to recriminate writes a most judicious Instrument of State That the Appellation of discontented Gentlemen was the worst that could be wrung from them till One heartily detesting the Fig-leaves thrown over this nakedness told the Speaker That though he had not arriv'd at that consistency of years as that his words might challenge there an audience Days should speak and multitude of years should teach wisdom yet he could not but observe many passages in that Assembly too like Catilines in the Senate and therefore moved that it might not be told in that House or publish'd at Askelon that so general a Revolt accompani'd with such horrid and barbarous circumstances should be took notice of with a more favourable expression than Treason and Rebellion He added further That he did not know but that that was the season wherein they were cast on their trial whether Allegiance or Rebellion God or the Pope were to be own'd And that as to any thing that might soften the Rebels he conceiv'd they were harden'd with so much villany that they esteem'd all things justifiable that were attainable Iram atque animos à crimine sumunt And therefore it was fit that that House should act as sensible of the Rebels cruelties and trust God to vindicate his and his Peoples Cause Upon which and other Arguments too shameful for them to palliate the Parliament discovered their Resentment in these words The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament assembled WHereas the happy and Peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons ill affected to the Peace and Tranquility thereof who contrary to their Duty and Loyalty to his Majesty and against the Laws of God and the fundamental Laws of this Realm have traiterously and rebelliously rais'd Arms seiz'd upon his Majesties Forts and Castles and dispossess'd many of his faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other
hereby unanimously make this following Protestation and Oath and do enjoyn it to be taken by every Soldier and Inhabitant of this Town as the evidence of their Faith and Truth to the Kings Crown and Dignity which we shall maintain with our Lives and Estates and that such as shall refuse it be put out of the Gates The Oath I Shall to my uttermost endeavour the defence of this Town against all outward and inward Attempts whatsoever for his Majesties Service I shall forthwith discover any Plot Conspiracy or Combination which may or shall come to my knowledge from without or within which may any ways be intended to the prejudice of the whole Town or to the Person of the Mayor Governour Aldermen or any of the Captains or Officers Garrison'd in it I shall not attempt or consent that the Town shall be given upon any pretence or cause whatsoever without consent of the Governour Mayor and greater part of the Captains and Aldermen in it or without special Command from his Majesty or Chief Governour or Governours of the Kingdom All which I do hereby swear truly and faithfully to observe and keep without any fraud deceit or mental reservation whatsoever Notwithstanding which some who took it were afterwards perjur'd not without example and the Mayor and Aldermen refus'd it On St. Thomas Eve the Rebels being encourag'd from the Popish Inhabitants within about one of the Clock at night after a Watch-word approach'd the Walls with a terrible shout which the Governour answer'd from the Mount with a Canon continuing the same for some hours the Towns-men in the interim being upon pain of death commanded to keep within doors Towards morning the Rebels fled being pursued by our Bullets from all Quarters so that many dropt the numbers of their slain is not certain certainly many fell by that attempt of ours not one notwithstanding at St. John's Gate which was most naked and where Captain Morris excellently well perform'd his Command was the hottest work This deliverance was no sooner over but new Conspiracies were hatch'd in the Town a clandestine Oath being impos'd on some to seize on the Soldiers Arms as they were asleep and kill others in their beds happily discovered by a Priest not so bloody as the rest Yet necessities of all sorts as well for Beasts as Men grew so urgent that within few days no Enemy but those need to do execution In which extremity God was particularly flown to and even in the midst of their Devotion the 11th of January there came in from the State vigilant in whatsomever might concern them a Pinnace a Frigat a Gabbard with two Shalloops and a Vessel loaden with Bisket Powder and Ammunition whereby the Garrison was seasonably reliev'd in the midst of great extremities which at the first appearance the Towns-men well-wishers to the Rebels would needs have perswaded the Soldiers that they had been Ships from Spain in favour of the Rebels and appear'd chearful But the mercy proving otherwise the Soldiers grew hearty which without an especial providence might have prov'd their ruine for contrary to the Command of the Governour and his vigilance which was never more remarkable than then the Soldiers carous'd it too liberally being by the Friers themselves made to drink inasmuch as Sentinels from their Guards were drawn in So as the Rebels Jan. 12. by the help and treacherous intimation of their own within made a breach in the Wall about four in the morning at which many of their best Soldiers and Chief Commanders to the number of 500 enter'd unheard till having march'd as far as the Key they gave a shout which the Governour hearing instantly ran down unarm'd onely with his Pistols in his hands and was the first that caus'd a Drum to beat at which all was soon alarm'd and finding their Pikes to be short of ours by a yard we charg'd home and forc'd them to a retreat though they had o'r-turn'd a Drake of ours that lay there off its Carriage Soon came in my Lord Moor with 15 Horse all that could of a sudden be got ready with which and the rest that were now got together they quickly repuls'd them Sir John Borlase hasting so speedily undrest and with that courage to the Breach made by the Nunnery that his service there in falling upon the Enemy who fought it stoutly was very remarkable Here the Besieg'd kill'd many of the Rebels as well those as came near the Walls for the succour of those that first entred as they that Invaded it and great was the deliverance the Rebels Party within very considerable having their Doors mark'd with Chalk as a token to the Rebels should they have prevail'd The Besieged lost few if any Though the Pinnace on its return ran a ground upon which the Rebels plaid thick upon her from both sides the River desperately approaching her very Stern with Pick-axes and Crows of Iron at which Captain Stutfield Comptroler of the Ordnance an excellent Engineer a stout and daring Person presently threw some Granado's amongst them which did such execution as throughly frighted them yet chas'd them not away till the seventh was flung after which they parted but were so pursued by our Musket and Canon that many were slain After this Relief for some time Tredath enjoy'd reasonable Peace though at distance they had often alarms and within a fortnight what quantity of Bisket and Meal was brought to the Garrison was easily spent Famine Fluxes with other diseases return again in as much as diverse of the English Inhabitants especially such as had flown thither for relief died daily and now the Town was narrowly search'd for Provisions in which scrutiny the Friars against their vow of Poverty were found full of Trunks of Plate Money and other Treasure which they not owning being the Goods of the Rebels were equally distributed amongst the Garrison but could not supply the want of food which rais'd Mutinies speedily allayed by the Vigilance of the Governour However many English as well as Irish fled to the Rebels out of meer necessity In as much as Sir Phelim O-Neal writ into the North and gave it out amongst his Souldiers that he was certain of the sudden surrender of Tredath so as the Town being now driven to great streights the best expedient that could be thought of was to Man out a Boat for Dublin that the State might be rightly inform'd of its Condition in endeavouring which the Aldermen and Mariners of the Town seem'd very backwards till the Governour threatned to make some of the Aldermen themselves prove Mariners in that service whereupon at last men were found and Commissioners sent to the Lords Justices to inform them of the misery of the Town in which service Sir John Borlase Junior and others were imployed who having obtained some men and two Peeces of Battery return'd with a very satisfactory supply The same day they weighed Anchor for Dublin a part of the Garrison made a sally
Or their perfidious breach of Quarter as that of Captain Sanders which we rather remit to future Story not touching what they do in open War but their putting the blood of War in their Girdles in the time of Peace Though we must say that when the Instructions for the Protestant Agents of Ireland came afterwards to be consider'd great artifice there was that the cruelties committed against the Protestants after Quarter given Promises and Oaths for security or safe Convoy should be struck out But no more of this The State considering these sad truths and that none but a considerable Army was to appear abroad they provided 4000 Foot and 1500 Horse to be sent out under the Command of the Earl of Ormond Lieutenant General of the Army While Preparations were making for this Expedition Sir Simon Harcourt who loved always to be in action the 26th of March 1642. took a small Party of men and went out towards the County of Wickloe where he found the Rebels had possessed themselves of a Castle called Carrickmain within four miles of Dublin and seeing him draw near to it with those small Forces and finding him to have no Artillery so as their Walls were of sufficient strength to bear them out against any attempts he could make they began to brave him from within and to use reproachful signs from the top of the Castle thereby to express their contempt and scorn of him This his spirit was not well able to brook and considering the Castle was not invincible and that it would be very great advantage to the City of Dublin to remove so ill a Neighbour and that with two Pieces of Battery he could take it in some few hours he sent presently away to the Lords Justices to acquaint them with his Design and to desire them to send unto him the two Great Guns for the effecting of it They very well approv'd his Design and gave present order for the carrying them out together with all necessaries and provisions fitting for the service In the mean time he took special care for the surrounding of the Castle and disposing of his Men so as they might prevent the Rebels issuing out In which Service Serjeant Major Berry with 200 Fire-locks viewing the Castle was shot in his side though he died not till eight days after of a Feaver All things being put in order whilst they attended the coming of the Great Peeces now on their way Sir Simon Harcourt with some of the Commanders laid themselves down under the side of a little thatch'd house standing near the Castle which they took as a shelter to keep off the Enemies bullets from whence he suddainly rose up to call to the Souldiers to stand carefully to their Arms and to their Duties in their several Stations Which one of the Rebels from within perceiving discharged his Piece at him and shot him into his right breast under the neck bone and being so wounded he was carried off expressing his submission to the good hand of God and much joy'd to pour out his last blood in that Cause The pain of his Wound was so great as they could not bring him to Dublin but carried him to Mirian a house of the Lord Fitz-Williams where the next day he died to the great grief of the English and the prejudice of the Service His Lieutenant Colonel Gibson took the Command of that Party and the great Guns being come within the space of very few hours made a breach sufficient for the Souldiers to enter who being mightily enraged with the loss of their most beloved Colonel entred with great fury putting all to the Sword sparing neither Man Woman or Child The first Officer that led them on in the breach was Robert Hammond Brother to Doctor Hammond that famous and excellent Divine Ensign to Sir Simon Harcourt who carried himself very gallantly in this Service and from thence return'd into England where in the ensuing War by the several exploits he perform'd in the Reduction of the West of England under the Command of the Parliament he attain'd unto a very great Reputation and one of the chief Commanders in their Army And at the King 's coming to the Isle of Wight was Governour of Carisbrook Castle and of the Isle and upon his notice to the Parliament that the King was arriv'd there had Command to attend his Majesty with Respect and Honour with a promise that nothing should be wanting to defray the Kings expences in which service a ticklish task at that time I do not find that he forfeited his trust or otherwise demean'd himsélf then was well accepted At the time that Sir Simon Harcourt went forth the Lords Justices and Council finding what ill Instruments the Priests continued to be in kindling and fomenting the Rebellion caused as many of them as were in Town to be seized on who being put into French bottoms were shipt into France By this time the intended preparations to march forth under the Lieutenant General the Earl of Ormond were ready The Design was to relieve several Places of strength some besieged others much distressed by their wants and necessities but which way the Army was to march or what Place they were first to go to was kept as a secret However the Army Saturday the second of April 1642. marched from Dublin towards the Naas with 8000 Foot and 500 Horse arriving at Athy the 5th being 27 miles from Dublin from whence they sent out several Parties to relieve Carlow Marryburrough Balinokill the Burr Caterlagh Clogh-grevan Ballylivan and several other Castles and Towns then in distress which they did without much opposition releasing many Women Children and other unprofitable People much incommoding those Places Sir Patrick Weams Captain of the Lieutenant Generals Troop Captain Armstrong Captain Yarner Captain Harman Captain Schout Colonel Crafford Sir Richard Greenvile Sir Thomas Lucas and Sir Charles Coote in their several Commands doing excellent service in their Relief of these Castles and strong Holds The last passing with no little danger through Mountrath Woods whence Sir Charles Coote's Heir had his title worthy his and his Fathers merits to Marryburrough a Place of great consequence seated amongst ill Neighbours Whilst these things were acting the Rebels having gathered their Forces from Wickloe Wexford Caterlagh Kildare Queen's County Kilkenny Tipperary and West-Meath on Easter Sunday the 10th of April they displayed 40 Colours within two miles of Athy near the Barrow of which Colonel Crafford gave speedy intelligence under the Command of the Lord Viscount Mountgarret the Lieutenant General 's great Unkle making of the old English and Irish near 10000 men Horse and Foot which the Lieutenant General perceiving on the other side of the River of the Barrow to have sent out some Horse near Tankardstown over against Grangemellain His Lordship return'd to Athy giving out he would fight them the next day but their numbers vastly exceeding his and he having done the
Rebels attesting that the 100000 l. borrowed of the Subscription-Money for Ireland they soon re-paid with advantage being then forc'd to make use of it to prepare a competent Army for the defence of the King and Kingdom without any prejudice to the Affairs of Ireland whose subsistence depends on the welfare of this In Answer to which it was replied That that Kingdom were the Money restored in the mean time suffered by that Diversion and that had the Lord Wharton's Forces been approved of there was no further security that those should have been sent for Ireland than other Forces that were rais'd for that purpose and yet imployed against his Majesty at Edge-hill the other Exceptions of the Parliament in his Majesty's Papers being also answer'd which begot a Reply not altogether pertinent in this place to pursue However the Parliaments imploying the 100000 l. contrary to the Interest of the foremention'd Act in the 17th year of Car. 1. with his Majesties full consent before he left the Parliament was the cause that it produced so little good effect for Ireland many of the Subscribers taking that occasion as others before had done upon his Majesties motion to go for Ireland to withdraw their subscriptions and others not to pay in their Money which was with so much Caution provided for and guarded with so many advantagious Circumstances for all the Adventurers as if it had been carried on and seasonably applied with that Care and Sincerity it ought to have been it would in a little time have reduc'd that whole Kingdom and have eas'd that poor People of many of those Calamities they have since endur'd The want of which put the Lords Justices and State on many difficulties Yet that something might seem to be done there was an Order of the Commons House of Parliament the 3d. of August 1642. That the Ministers about the City of London should be desired to exhort the People to bestow old Garments and Apparel upon the distressed Protestants in Ireland in reference to which the 19th of September following the Lord Mayor of London ordered that those Cloaths should be brought to Yorkshire-hall in Blackwel-hall to be ready for shipping them for Ireland and a vast Supply was brought in Charity never so much manifested its compassion as in that Cause which afterwards was entrusted to a Reverend Person who discharged his trust with singular Prudence and Integrity though as to the Army these Cloaths never reach'd or intended And now the Rebels finding their Strength much augmented by the unhappy differences in England their chief Contrivers of the Conspiracy the Clergy met at Kilkenny and there Established in a General-Congregation several Considerations for their future Government Upon which Proceedings and the validity of the 6th Article of those Prelate-Dignities and learned men the first General-Assembly at Kilkenny sate the 10th of November 1642. according to what Scobel gives us an account of Though Peter Walsh one of the Assembly certainly to be credited in his second part of the first Treaties of his History and vindication of the Loyal Formulary writes that the first General or National-Assembly of the Confederates began at Kilkenny the 24th of October 1642. and continued to the 9th of January following upon which day they were dissolved having constituted to succeed them the Supream Council of the Confederate Catholicks of Ireland and that they might be the better tied together with the Holy bond of Union and Concord as is expressed in the thirty third Article of the General Assembly and the third of the Congregation They framed the ensuing Oath of Association to be taken by all in that Confederacy The Preamble to the Oath of Association WHereas the Roman Catholicks of this Kingdom have been inforc'd to take Arms for the necessary defence and preservation as well of their Religion Plotted and by many foul Practises endeavour'd to be quite suppress'd by the Puritan Faction as likewise their Lives Estates and Liberties as also for the defence and safeguard of his Majesties Regal Power just Prerogatives Honour State and Rights invaded upon and for that it is requisite that there should be an unanimous Consent and real Union between all the Catholicks of this Realm to maintain the Premisses and strengthen them against their Adversaries It is thought fit by them that they and whosoever shall adhere unto their Party as a Confederate should for the better assurance of their adhering fidelity and constancy to the publick Cause take the ensuing Oath The Oath of Association I A. B. do profess swear and protest before God and his Saints and his Angels that I will during my life bear true Faith and Allegiance to my Soveraign Lord Charles by the Grace of God King of Great Britain France and Ireland and to his Heirs and lawful Successors and that I will to my power during my life defend uphold maintain all his and their just Prerogatives Estates and Rights the Power and Priviledge of the Parliament of this Realm the Fundamental Laws of Ireland the free exercise of the Roman Catholick Faith and Religion throughout this Land and the Lives just Liberties Possessions Estates and Rights of all those that have taken or shall take this Oath and perform the Contents thereof and that I will obey and ratifie all the Orders and Decrees made and to be made by the supream Council of the Confederate Catholicks of this Kingdom concerning the said publick Cause and that I will not seek directly or indirectly any Pardon or Protection for any Act done or to be done touching this general Cause without the consent of the major part of the said Council and that I will not directly or indirectly do any Act or Acts that shall prejudice the said Cause but will to the hazard of my Life and Estate assist prosecute and maintain the same Moreover I do further swear That I will not accept of or submit unto any Peace made or to be made with the said Confederate Catholicks without the consent and approbation of the general Assembly of the said Confederate Catholicks And for the preservation and strengthning of the Association and Union of the Kingdom that upon any Peace or Accommodation to be made or concluded with the said Confederate Catholicks as aforesaid I will to the utmost of my power insist upon and maintain the ensuing Propositions until a Peace as aforesaid be made and the Matters to be agreed upon in the Articles of Peace be establish'd and secured by Parliament So help me God and his holy Gospel The Propositions mention'd in the aforesaid Oath 1. THat the Roman Catholicks both Clergy and Laity to their several Capacities have free and publick Exercise of the Roman Catholick Religion and Function throughout the Kingdom in as full lustre and splendor as it was in the Reign of King Henry the 7th or any other Catholick King 's his Predecessors Kings of England and Lords of Ireland either in
his return from Ross which in the case our Forces stood he found difficult to be taken in as though our Ordnance made a breach in their Walls it was found necessary to desert the Siege he was encountred by an Army of the Rebels consisting of about 6000 Foot and 650 Horse well arm'd and horsed yet it pleas'd God so to disappoint their Councels and strength as with those small Forces which the Lord Marquess had with him being of fighting Men 2500. and 500 Horse not well armed and for the most part weakly horsed and those as well Men as Horse much weakned by lying in the Fields several nights in much Cold and Rain and by want of Man's Meat and Horse Meat the Lord Marquess obtain'd a happy and glorious deliverance and victory against those Rebels wherein were slain about 300 of them and many of their Commanders and others of Quality and divers taken Prisoners and amongst those Prisoners Colonel Cullen a Native of this City who being a Colonel in France departed from thence and came hither to assist the Rebels and was Lieutenant General of their Army in the Province of Leimster and the Rebel's Army was totally routed and defeated and their Baggage and Ammunition seized on by his Majesty's Forces who lodged that night where they had gain'd the Victory and on our side about 20 slain in the Fight and divers wounded We have great cause to praise God for magnifying his Goodness and Mercy to his Majesty and this his Kingdom so manifestly and indeed wonderfully in that Victory However the joy due from us upon so happy an occasion is we confess mingled with very great distraction here in the apprehension of our unhappiness to be such as although the Rebels are not able to overcome his Majesty's Army and devour his other good Subjects as they desire yet both his Army and good Subjects are in danger to be devoured by the wants of needful Supplies forth of England For as we formerly signified thither Those Forces were of necessity sent abroad to try what might be done for sustaining them in the Countrey so as to keep them alive till Supplies should get to us But that Design now failing those our hopes are converted into astonishment to behold the unspeakable Miseries of the Officers and Souldiers for want of all things and all those wants made the more insupportable in the want of Food whilst the City being all the help we have is now too apparently found to be unable to help us as it hath hitherto done And divers Commanders and Officers in the Army do now so far express the sense of their Sufferings which indeed are very great and grievous as they declare That they have little hope to be supplied by the Parliament and press with great importunity to be permitted to depart this Kingdom as it will be extream difficult to keep them here By our Letters of the 23d of March we signified thither the unsupportable burthen laid on this City for victualling those of the Army left here when the Marquess of Ormond with the Forces he took with him marched hence which burthen is found every day more heavy than other in regard of the many House-keepers thereby daily breaking up House and scattering their Families leaving still fewer to bear the burthen We also by those Letters and by our Letters of the 25th of February advertised thither the high danger this Kingdom would incur if the Army so sent abroad should by any distress or through want be forced back hither again before our Relief of Victuals should arrive forth of England When we found that those Men were returning back hither although we were and are still full of distraction considering the dismal consequences threatned thereby in respect of our Wants Yet we consulted what we could yet imagine feasible that we had not formerly done to gain some Food for those Men and found that to send them or others abroad into the Countrey we cannot in regard we are not able to advance Money for procuring the many Requisits incident to such an Expedition In the end therefore we were inforced to fix on our former way and to see who had yet any thing left him untaken from him to help us and although there were but few such and some of them poor Merchants whom we have now by the Law of Necessity utterly undone and disabled from being hereafter helpful to us in bringing us in Victuals and other needful Commodities yet were we forc'd to wrest their Commodities from them And certainly there are few here of our selves and others that have not felt their Parts in the inforced rigour of our Proceedings towards preserving the Army so as what with such hard dealing not less grievous to us to do than it is heavy to others to suffer and by our descending against our hearts far below the Honour and Dignity of that Power we represent here under his Royal Majesty we have with unspeakable difficulty prevail'd so as to be able to find Bread for the Souldiers for the space of one Month. We are now expelling hence all Strangers and must instantly send away for England thousands of poor dispoil'd English whose very eating is now unsupportable to this Place And now again and finally We earnesty desire for our Confusions will not now admit the writing of many more Letters if any That his Majesty and the English Nation may not suffer so great if not irrecoverable prejudice and dishonour as must unavoidably be the consequence of our not being reliev'd suddenly but that yet although it be even now at the point to be too late Supplies of Victuals and Munition in present to be hastned hither to keep life until the rest may follow there being no Victual in the Store nor will there be a 100 Barrels of Powder left in store when the out-Garrisons as they must be instantly are supplied and that remainder according to the usual necessary expence besides extraordinary accidents will not last above a month And the residue of our Provisions must also come speedily after or otherwise England cannot hope to secure Ireland or secure themselves against Ireland but in the loss of it must look for such Enemies from hence as will perpetually disturb the Peace of his Majesty and his Kingdom of England and annoy them by Sea and Land as we often formerly represented thither which Mischiefs may yet be prevented if we be yet forthwith enabled from thence with means to overcome this Rebellion We hope that a course is taken there for hastning thither the Provisions of Arms and Munition mention'd in the Docquet sent in our Letter of the 20th of January and the 600 Horses which we then moved might be sent hither for recruits and that the 7893 l. 3 s. for Arms to be provided in Holland besides those we expect in London hath been paid to Anthony Tierens in London or to Daniel Wibrants in Amsterdam and if that Sum had been paid as
the Right Honourable the Lords Justices and Council And now many of those Officers who had served his Majesty most signally in Ireland were treated with to recruit his Forces in and about Chester to which end all the encouragement that his Majesty had given in his Letters of the 4th and 7th of September were faithfully imparted to them and what could possibly be rais'd for their Transportation was effectually done Whereupon several Regiments as Sir Mich. Earnely's Sir Rich. Fleetwoods Colonel Gibson Colonel Monk Colonel Warren and others hasted over but with such Reluctancy of the Common Souldiers as the sharpest Proclamations of which there were several hardly restrain'd them from flying their Colours both before and after their arrival in England To prevent which and that the Souldiers might be secur'd in their Loyalty to his Majesty the Lieutenant General compos'd this Oath I Resting fully assured of his Majesties most Princely Truth and Goodness do freely and from my heart promise vow and protest in the presence of Almighty God that I will to the utmost of my Power and with the hazard of my Life maintain and defend the true Protestant Religion establish'd in the Church of England his Majesties sacred Person his Heirs and lawful Successors and his Majesties just Powers and Prerogatives against the Forces now under the Conduct of the Earl of Essex and against all other Forces whatsoever that are or shall be rais'd contrary to his Majesties Commands and Authority And I will do my best endeavour to procure and re-establish the Peace and Quietness of the Kingdom of England And I will neither directly or indirectly divulge or communicate any thing to the said Earl of Essex his Officers or any other to hinder or prejudice the Designs of his Majesty in the Conduct or Imployment of his Army Which that it may be taken by every Souldier follows the Precept By the Lieutenant General of his Majesties Army WHereas his Majesty hath been pleas'd to command the present transportation of a part of his Army here into England I do think fit and hereby Order that every Officer and Souldier to be transported hence do take the Oath above-written before they depart this Harbour Given at his Majesties Castle of Dublin 13. of Octob. 1643. Ormond And in respect that upon their going many Souldiers listed themselves under other Officers the Lord Lieutenant besides other Courses publisht the 13. of November an Edict that no Souldiers under penalty of death should depart from their former Commanders and Officers and that no Commanders and Officers on pain of displeasure should dare to entertain any Souldiers so offending And the 4th of Feb. 1643. the Lord General publisht a Proclamation That if any Souldier should stay behind that was commanded to go over or should after he was transported over into England run away from his Colours he being afterwards apprehended should presently suffer death without mercy Upon which as you see many came over into England and at Hawerden Castle Beeston Castle Bartomley Church Dedington House Acton Church and Durtwich improved their time but the main body the 25. of January 1643. was utterly defeated by Sir Thomas Fairfax raising the Siege of Namptwich 1500 common Souldiers besides Officers being there taken Prisoners besides those that were slain so that what advantage accrewed to the Regal Army by their coming over many believ'd was not very considerable unless those who came out of Munster were more successful The general if not all those who came to his Majesties assistance out of Ireland were his own Forces which he had sent against the Rebels from whom I cannot yet learn after all their professions of having no one hollow thought or subtile practice to serve two Masters or standing Neuters whilst their King was Party that any formed Regiment or considerable Party reach'd England no! it will hereafter appear how shamefully they deserted his Majesties Affairs even in Ireland it self when their Interest might have united them in Loyalty and Obedience Some months after the arrival of these and other Forces out of Ireland the Parliament of England made an Ordinance against the giving of any Quarter to any Irish man or to any Papist born in Ireland taken in Hostility against the Parliament by Sea or Land which his Majesty thought very severe they being called to the service of their Natural Prince The coming over of the English made several that were not so forward suspected in their Loyalty though in truth never any Prince had an Army more intirely affecting his Person then the generality of his Militia of Ireland who being sent thither or rais'd there were not yet wean'd from the Justice of that Cause hardly matchable in any example the War being said long since a great Instrument of State not an ambitious War of Foraigns but a recovery of Subjects and that after Lenity of Conditions often tried not onely to obedience but to Humanity and Policy from more then Indian Barbarism whereas the Affairs of England imbrued Relations in one anothers blood and the Concerns of Ireland were as much his Majesties as the other and the Cause undoubtedly Gods The Lords Justices and Council this while had a great task and not so much as straw to the Work the Confederates paying in the Money viz. 30800 l. they promised the 16th of September towards the maintenance of his Majesties Army this Cessation very uncertain as their Cows and Cattle of the worst taking within three days after the Cessation near 369 head of choice English Cattle from the suburbs of Dublin acting besides many other violencies on divers Castles Forts and Houses so as this agreement with the Rebels seemed rather a Protection then a Cessation of Acts of Hostility That in this extremity the Lords Justices Providence and Care how great soever could remedy little being their business now was to proceed in another course then formerly they had the Election of which grew hourly the heavier upon them by reason of the discontents which constantly arose from the Inhabitants and the Protestants now more then ever sensible of their Condition the Irish Agents making all the speed they could to repair with their Propositions to his Majesty then at Oxford according to an Article in the Cessation and his Majesties Proclamation thereupon by which they were allowed to send Agents to his Majesty of which the Protestants in and about Dublin being very apprehensive lest his Majesty should be pre-possessed of the Rebels sence they thought it most convenient to dispatch Agents presently to his Majesty and to that end about the 6th of October 1643. they meeting at the Earl of Kildare's house fram'd a Petition to the Lords Justices and Council humbly beseeching their Lordships for their License unto such as they should appoint to attend his Majesty in their behalf whereunto the Lords Justices and Council the 12. of the same month expressed their forwardness declaring how his
Lieutenant-General of the Army with a strong Party of Horse to pursue Jones his Horse which were sent for Tredagh which he did so successfully that he surprized one whole Troop and afterwards encountred Colonel Chidley Coot in the head of 300 Horse whereof he slew many and routed the rest who in great disorder fled to Tredagh The Lord Inchequin presently sent advertisement of this success and that he had reason to believe that if he pursued this advantage and attempt the Town while this terror possessed that Party he should make himself Master of it whereupon in respect of the great importance of the Place the reduction whereof would produce a secure correspondence with and give encouragement to the Scots in Ulster who made great professions in which they were ever free of Duty to the King and had now under the conduct of the Lord Viscount Montgomery of Ards driven Sir Charles Coot into the City of London-derry and upon the matter beleagu'd him there the Lord Lieutenant by the advice of the Council of War approved the Lord Inchequin's Design and to that purpose sent him two Regiments of Foot and two Pieces of Artillery and such Ammunition and Materials as could be spared wherewith he proceeded so vigorously that within 7 days he compelled the besieged to yield to honourable Conditions so reduced Tredagh to the Kings Obedience after he had been twice beaten off the Town having not above 600 Men who had spent all their Ammunition left to defend so large a circuit some of which afterwards revolted to the Marquess and Colonel Coot with 150 Horse and near 400 Foot march'd to Dublin There was now very reasonable ground for hope that the Parliaments Party would quickly find themselves in notable streights and distresses when it was on a suddain discover'd how very active and dexterous the spirit of Rebellion is to reconcile and unite those who were possessed by it and how contrary soever their Principles and Ends seem to be and contribute jointly to the opposing and oppressing that Lawful Power they had both equally injured and provoked The Parliament Party who had heap'd so many Reproaches and Calumnies upon the King for his Clemency to the Irish who had founded their own Authority and Strength upon such foundations as were inconsistent with any toleration of the Roman Catholick Religion and some write so bitter are their Pens even with Humanity to the Irish Nation and more especially to those of the old Native Extraction the whole Race whereof they had upon the matter sworn to an utter extirpation And Owen O Neal himself was of the most antient Sept and whose Army consisted onely of such who avowed no other cause for their first entrance into Rebellion but Matter of Religion and that the Power of the Parliament was like to be so great and prevalent that the King himself would not be able to extend his Favours and Mercy towards them which they seem'd to be confident he was in his gracious disposition inclined to express and therefore professed to take up Arms against the exorbitant Power onely of them and to retain hearts full of Devotion and Duty to his Majesty and who at present by the under-hand and secret Treaties with the Lord Lieutenant seem'd more irreconcilable to the Proceedings of the General Assembly and to the Persons of those whom he thought govern'd there then to make any scruple of submitting to the Kings Authority in the Person of the Marquess to which and to whom he protested all Duty and Reverence These two so contrary and dis-agreeing Elements had I say by the subtile and volatile spirit of Hypocrisy and Rebellion the Arts of the time found a way to incorporate together and Owen O Neal had promised and contracted with the other that he would compel the Lord Lieutenant to retire and draw off his Army from about Dublin by his invading those Parts of Leimster and Munster with his Army which yielded most yea all the Provisions and subsistance to the Marquess and which he presumed the Marquess would not suffer to be spoil'd and desolated by his Incursions for the better doing whereof and enabling him for this Expedition Colonel Monk Governor of Dundalk who was the second Person in Command amongst the Parliaments Forces had promised to deliver to him out of the stores of that Garrison a good quantity of Powder Bullet and Match proportionable for the fetching whereof Owen O Neal had sent Farral Lieutenant General of his Army with a Party of 500 Foot and 300 Horse At that time Tredagh was taken by the Lord Inchequin who being there advertised of that new contracted friendship resolved to give some interruption to it and made so good hast that within few hours after Farral had receiv'd the Ammunition at Dundalk he fell upon him routed all his Horse and of the 500 Foot there were not 40 escaped but were either slain or taken Prisoners and got all the Ammunition and with it so good an Account of the present state of Dundalk that he immediately engaged before it and assisted by the Lord of Ards who a little before had been chosen by the Presbyterian Ministers their Commander in Chief thereby possessing himself of Carrigfergus and Belfast in two days compelled Monk who would else have been delivered up by his own Souldiers to surrender the Place where was a good Magazeen of Ammunition Cloath and other Necessaries for War most of the Officers and Souldiers with all alacrity engaging themselves in his Majesties service though the Governor Shipt himself for England and landing shortly after at Chester he went immediately to Bristol where Cromwel the Parliaments Lord Lieutenant was then to come for Ireland who receiv'd him very courteously but after he had remain'd some days there advised him to go up to the Parliament to give them satisfaction in the Cessation he had made with Owen Roe O-Neal the 8th of May 1649. which he did And the business of that Cessation being brought into the House it was much resented and after some debate more then ordinarily had on other occasions several severe Votes passed against it onely Colonel Monk being conceived to have made it out of a good intent for preserving the Interest of the Parliament was held to be clear and not thought fit hereafter to be question'd But this was taken as a fair way of laying him aside whereupon Colonel Monk retir'd to his own Estate unhappy onely in being the Instrument of their preservation who were not sensible of his Merits And now that all Parties might be kept entire the Marquess of Ormond publishes a Declaration upon Instructions from the King design'd purposely for Ulster AFter my hearty Commendations upon some Representations that have been lately made unto us we have thought fit to send you down the ensuing Instructions First That so far as your Power extends you cause every Person without distinction who have submitted to his Majesties Authority
to offer his Assistance that if he had known any Person had been intrusted there with his Majesties Authority he would have addressed himself unto him and no other And that he finding his Lordship invested with that Power did what he knew his Master expected at his hands apply himself unto him with and by whose Direction he would alone steer himself through that Negotiation He told him the Duke had already disbursed 6000 Pistols for the supplying them with those things he heard they stood most in need of which were brought over by a Religious Parson who came with him and that he was ready to be informed of what they would desire from his Highness that might enable them to resist their Enemy and that he would consent to any thing that was reasonable for him to undertake Hereupon the Lord Deputy appointed a Committee of the Commissioners of Trust together with some Prelates to confer with the Ambassador to receive any Overtures from him and to present them with their Advice thereupon unto him They met accordingly and receiv'd the Propositions from the Ambassador but they were so disagreeable to the professions he had made of respect to the King and indeed so inconsistent with the Kings Honour and Interest as there was great reason to suspect that they proceeded rather from the Encouragement and Contrivance of the Irish then from his own temper and disposition and this was the more believ'd when instead of returning the Propositions to the Lord Deputy they kept the same in their own hands put out some of those who were appointed by him to be of the Committee and chose others in their Places and proceeded in the Treaty without giving the Deputy an Account of what was demanded by the Ambassador or what they thought fit to offer unto him Of all which the Deputy took notice and thereupon forbade them to proceed any further in that way and restrain'd them unto certain Articles which he sent them which contain'd what he thought fit to offer to the Ambassador and gave them Power onely to Treat Notwithstanding his positive Direction they proceeded in that Treaty with the Ambassador and sent an Advice to the Lord Deputy to consent unto the Articles propos'd by him since they said he would not recede from what he had proposed and that it was much better to submit to the same then that the Treaty should be broken off The Lord Deputy as positively declared that what was demanded was so derogatory to the Honour of the King his Master and destructive to his Interest as he would never agree to it and resolved presently to leave the Town And when the Ambassador sent to him to desire to see him and take his leave of him he absolutely refused and sent him word That he would never pay his Civility to or receive it from a Person who had so much swarv'd from the Propositions made by himself and who had presumed to make Propositions so dishonourable to the King his Master and he believ'd so contrary to the good Pleasure of the Duke of Lorraign And that he would send away an Express to the Duke to inform him of his Miscarriage and he presumed he would do Justice unto the King upon him When the Prelates saw that no obstinacy in the Ambassador nor Importunity from them could prevail with the Lord Deputy to shew what influence they had upon that Treaty they perswaded the Ambassador to consent to the same Propositions he had formerly no doubt by the same Advice rejected and thereupon to make the sum formerly disbursed by the Duke at his coming out of Flanders full 20000 l. and the Lord Deputy sent a couple of Gentlemen into Flanders to Treat further with the Duke of Lorraign according to such Commissions and Instructions as he gave them The Bishop of Ferns about the same time left Ireland and came likewise to Bruxels and having without the Privity of the Lord Deputy receiv'd some secret Trust and Delegation from the Prelates of Ireland and Credit from them to the Duke of Lorraign he quickly interessed himself in that Treaty and took upon him the greatest part in it and that which he said was the sence of the Nation He reproach'd the Persons imployed and trusted by the Lord Deputy with all the Proceedings which had been in Ireland by the consent of the Confederate Catholicks inveighed against their opposing the Nuncio and appealing against the Excommunication issued out by him he told them and all this by a Letter under his hand that he was clearly of opinion That the Excommunication was just and lawful and that the greatest Statesmen Souldiers Citizens and People disobeying and now obstinate are and were delivered to Satan and therefore forsaken of God and unworthy of Victory and of his Holy Blessing And thereupon he said he did with all sincerity and charity offer his own humble opinion what was to be done by them which was to the end the Agreement they were making with his Highness the Duke of Lorraign might become profitable to the Nation and acceptable in the eyes of God that they would immediately with humble hearts make a Submission unto his Holiness in the name of the Nation and beg the Apostolical Benediction that the light of Wisdom the Spirit of Fortitude Vertue Grace Success and the Blessing of God might return again to them He told them the necessity of doing this was the greater for that the Person from whom they came with Authority the Marquess of Clanrickard the Lord Deputy was for several causes Excommunicated a jure Homine and that he was at Rome reputed the great Contemner of the Authority and Dignity of Churchmen and a Persecutor of the Lord Nuncio and some Bishops and other Churchmen And after many rude and bitter reproaches against the Deputy he used these words Do you think God will prosper a Contract grounded upon the Authority of such a man and shortly after he said that if the Duke of Lorraign were rightly informed of the Business he would never enter upon a Bargain to preserve or rather restore Holy-Religion in the Kingdom with Agents bringing their Authority from a withered cursed Hand And then concluded for my part upon the denial to hear my humble Prayers which I hope will not happen I will withdraw my self as a man dispairing of any fruit to come from an unfound Trunk where there is no Sap of Grace And am resolved to communicate no more with you in that Affair but rather to let the Prince know he was building his Resolutions of doing good upon an unhallowed foundation and that God therefore unless himself will undertake to obtain an Absolution for the Nation will not give him the Grace to lay down the Lapis Angularis of his own house again in that Kingdom This Letter bare date at Bruxels the 20th of July 1651. the Persons to whom it was directed being then in the same Town What
1652. The first Court of this nature whereof Justice Donnelan an Irish Native was President and Commissary General Reynolds and Justice Cook Assistants was at Kilkenny the 4th of October where the Supream Council of the Rebels sate in 1642. The Lord Lowther's Speech at the Opening of the High Court of Justice at the Trial of Sir Phelim O Neal. YOu have well understood how that by this Commission which hath now been read the Right Honourable the Commissioners of the Parliament of the Common-wealth of England for the Affairs of Ireland by vertue of the Power and Trust committed to them have here erected constituted and appointed a High Court of Justice And have constituted and appointed Persons therein nominated or any 12 or more of them to be Commissioners and Judges of the said Court And have authorized them to make inquisition for Blood and that in three main Points 1. To hear and determine all Murthers and Massacres of any Protestant English or other Person or Persons whatsoever within this Nation done or committed by any Person or Persons whatsoever both principal and accessaries who since the 1st day of October 1641. have killed slain or otherwise destroyed any Person or Persons in Ireland which at the time of their being so killed slain or destroyed were not publickly entertained and maintained in Arms as Officers or private Souldiers for and on the behalf of the English against the Irish. 2. To hear and determine the Charges Crimes and Causes of all and every Person and Persons both principal and accessaries who since the said 1st day of October 1641. have killed or destroyed any Person or Persons entertained or maintained as Officers or private Souldiers for and on the behalf of the English against the Irish the said Person so killing or destroying not being then publickly entertained and maintained in Arms as Officers or private Souldiers under the Command and Pay of the Irish against the English 3. To hear and determine the Charges Crimes and Causes of all such Persons that have killed or slain or otherwise destroyed any Person or Persons after Quarter given contrary to the Rules of War And to bring to Trial Judgement and condign punishment the Principals and Accessaries to those Crimes that is to say the Actors Contrivers Councellors Advisers Promoters Abettors Aiders and Assisters of any the said Murthers Massacres or killing after Quarter given contrary to the Rules of War This Commission doth likewise furnish the Commissioners with all necessary Powers requisite for this great Service and necessarily conducing to these Ends. By this Commission we may well observe for the comfort of all the good and faithful People of this Land the Justice and Wisdom of the High Court of Parliament of the Common-wealth of England and of their Right Honourable Commissioners here for the Affairs of Ireland 1. Their Justice in bringing these Crimes to Trial. 2. Their Wisdom in ordering this honourable just and equal form of Trial. 1. Their Justice and zeal of Justice appears in this That in all their Treaties and Articles concerning Ireland they would never admit of any the least hope of impunity for these barbarous and cruel Murthers and Massacres and breach of Quarter nor of any thing that might give impediment unto the faithful and impartial inquisition after all that innocent Blood which the merciless Murtherers have wickedly shed in this Land 2. Their Justice and zeal of Justice appears in that they have omitted nothing too dear to them But have with admirable charge resolution and contancy overcome all hazards and perils and have with a vast expence of English Blood and Treasure prosecuted this War which was but an execution of Justice to this conclusion and effected this fair and impartial inquisition for innocent Blood to put away innocent Blood from the Land for our righteous God the righteous Judge of Heaven and Earth hath revealed it in his holy Scripture that he will not have such wickedness to pass without condign punishment For there are three things which the Lord hates viz. Oculos sublimes Linguam mendacem Manus effundentes innoxium sanginem Prov. 6. 17. Their Wisdom appears in this 1. In that as good Husbandmen they prepare the re-plantation of the Land by rooting out the noisom Weeds that always would over-grow and destroy the good Corn as we have found by sad Experience And certainly both in Religion and Prudence it is undoubtedly necessary to clear the Land by Justice of this innocent Blood the innocent Blood of Christians most wickedly and cruelly shed upon the Land against the Laws of God and Man of Nature and of Nations the Laws of the Land and the Rights and Rules of War and the Bonds of Humanity and humane Society 2. In ordering this form of Trial by an High Court of Justice for the impartial inquisition trial and condign punishment of these Murthers Massacres and breach of Quarter For 't is manifest to any Man of sound judgement and right knowledge in the Law That that ancient and excellent Trial at the Common Law by Juries Freeholders of the proper Counties and Hundreds or Baronies where the Facts were done was neither convenient nor possible for the decision of these Causes as the present Constitution of the Common-wealth now is Where now can these numbers of indifferent Jurors be had Liberi legales Homines free from all exceptions and challenges out of which the Juries may be equally impannell'd for the trial of the Prisoners that are or shall be charged with these Crimes How can all the effectual Forms absolutely requisite to that Trial be observed in all these Cases if we do but consider the legal Challenges both for the Common-wealth and for the Prisoners to the Array to the principal Pannel to the Pales the peremptory Challenges the Challenges for Causes inducing favour or affection hatred or enmity or for Crime and how in that course could rightly be the Trial of the Articles of War So that that course of Trial not being now apt for the decision of these Causes The Commissioners of Parliament have in wisdom and prudence erected and constituted this Fair Honourable Equal and Indifferent course of Trial by erecting an High Court of Justice for the hearing and determining of these Causes Wherein are Soldiers for the Articles Rules and Laws of War Judges for the knowledge of the National Laws others that have Cognizance of the Civil Laws and other Men of great Experience Reason and Judgment and all of them Men of Honour and Integrity to be the Triers and Judges in these Cases Having thus far opened the Commission and manifested this form and course of Trial to be Honourable Just and Equal I conceive it requisite a little to consider the Laws against Murther which are to be as Land-marks and Guides to direct and lead us in the right way of Judgment in this great Work and Service Let us take a brief view of the Laws of God held forth
unto us in the holy Scriptures and of the other Laws against Murther And herein consider first The Law against Murther in the beginning in the infancy of the World before the Flood a general Deluge over the World The Law against Murther immediately after the Flood The Moral Law of God The Judicial and Political Law of the Jews The Law under the Gospel The Law of England The Law of Ireland Jus Belli the Law of War This same horrid sin of Murther this Devil crept into the World it began in the beginning what can expulse this Devil We find in the holy Scriptures that the Devil was the first Murtherer and Lyar and that he is the Father of Murtherers and Lyars The unbelieving Jews bragged they had Abraham to their Father and yet they sought to kill Christ whereupon our Saviour tells them that they are of their Father the Devil and the lusts of their Father they will do He was a Murtherer from the beginning and abode not in the truth because there is no truth in him When he speaketh a Lye he speaketh of his own So that from hence the Lyars and Murtherers take their beginning and from hence these inseparable Twins make and derive their Pedigree and Descent from the Devil viz. He was a Lyar and a Murtherer from the beginning and he is the Father of Lyars and Murtherers The first and eldest of these in the Stock and Progeny was Cain Non sicut Cain qui ex maligno erat occidit fratrem suum propter quid occidit eum quoniam opera ejus maligna erunt fratris autem ejus justa And therefore John saith Not as Cain who was of that wicked one and slew his brother and wherefore slew he him because his own works were evil and his brothers righteous Wo unto them saith he for they have gone in the way of Cain This way of Cain is chalked out unto us in the beginning of the holy Bible Gen. 4. 8. that he talked with his brother Abel and it came to pass when they were in the field that Cain rose up against Abel his Brother and slew him As soon as this innocent Blood was shed upon the Earth the cry thereof ascended up to Heaven And the Lord said to Cain What hast thou done the voice of thy Brothers blood crieth to me from the ground Gen. 4. 10 11. And now thou art accursed from the earth which hath opened her mouth to receive thy Brothers blood from thy hand When thou tillest the ground it shall not henceforth yield unto thee her strength a fugitive and a vagabond shalt thou be in the Earth The Learned Divines observe upon the Text that whereas our Translation is The voice of thy Brothers blood crieth unto me the Original is The voice of thy Brothers bloods in the Plural Number for in killing Abel he did not onely kill him but also all that posterity the whole Line that should have descended from Abel and therefore thy Brothers bloods crieth unto me from the ground It is not the single blood as one of the murthered that crieth for vengeance but even the blood of all that Posterity as should have descended from him crieth to Heaven for Vengeance against the Murtherer We find this innocent blood of Abel shed in the begining of the World still in remembrance uttering her voice in the highest strain and crying against Murtherers even to the Worlds end Our Saviour denouncing several woes against the Scribes and Pharisees tells them that they should kill the Prophets that should be sent unto them that on them may come all the righteous blood shed upon the earth even from the blood of righteous Abel unto the blood of Zacharias son of Barachias whom they slew between the Temple and the Altar By faith Abel offered unto God a more acceptable Sacrifice than Cain by which he obtained witness that he was righteous God testifying of his gift and by it he being dead yet speaketh And we are come to Jesus the Mediator of the New Testament and to the blood of sprinkling that speaketh better things than that of Abel The blood of righteous Abel is still in remembrance and yet speaking And in the latter end of the Bible Revel 6. 9 10. we find the Souls of them that were slain for the testimony of Jesus under the Altar crying with a loud voyce How long O Lord holy and true dost thou not revenge our blood on them that dwell on earth So that the blood of righteous Abel and all the innocent blood shed on the Earth yet speaketh and still crieth for vengeance and justice against the Murtherers And to conclude the Case of Murther before the Flood we find that one of the main causes which provoked Gods wrath and brought that great destruction of the whole World by Noah's Flood was because the earth was filled with violence Gen. 6. 11 18. And will not that which destroyeth the whole World over-whelm these Nations if they be not purged by Justice The Law against Murther after the Flood Now because the Old World perished through violence God in his new re-establishment of the World provided against violence and for the preventing of Murther ordered this to be one of his first Fundamental Laws Surely the blood of your lives will I require at the hands of every beast will I require it and at the hands of man and at the hands of every mans brother will I require the life of man Ver. 6. Whoso sheddeth mans blood by man shall his blood be shed for in the image of God made he man The Moral Law of God delivered upon Mount Sinai and written by God himself in Tables of Stone and by his Spirit engraven in every mans heart Thou shalt do no murther Exod. 20. 13. The Judicial Law Next to the Moral Law of God I come to the Judicial and Political Law of the Jews He that killeth any man shall surely be put to death There are several Cases of Murther put and upon every of them the Law is delivered That the Murtherer shall surely be put to death Moreover you shall take no satisfaction for the life of a Murtherer which is guilty of death but he shall surely be put to death Ye shall not pollute your Land wherein you are for blood defileth the Land and the Land cannot be cleansed of blood that is shed therein but by the blood of him that sheddeth it Thine eye shall not pity but life shall go for life Upon these Laws I will onely put a case or two which I conceive may be useful to us upon these points in the discharge of this service The case of Agag King of the Amalekites whose life Saul spared being brought before Samuel the great Judge in Israel And Samuel said unto him As thy sword hath made women childless so shall thy Mother be
and Cruelty unmeasurably sinful and detestable But I fear I have been too long and too troublesome both to you and my self I will conclude It is well known how the loud cry of innocent Blood of many thousands of Christians ascending up to Heaven and the devout and fervent prayers of many of Gods dear Saints and Servants have solicited the Throne of Justice that this happy and blessed day might come wherein Justice might impartially be executed against those Murderers whose cruelties have made this Land a Field of Blood And now since the high and righteous Providence of God by those many and signal Victories given to the Arms and Forces of Ireland hath sent down from Heaven this day of Justice unto us in this Land we ought to return him all praise and thankfulness for this unspeakable mercy And since the trust of this great work by the same Providence is committed unto us let us stir up his Grace within us and faithfulness of our minds and Souls to the faithful discharge and execution of this great trust Sedes Judicanda est quasi Thronus Dei saith old Bracton that learned Chief Justice in Henry the Thirds time I well remember and have often thought upon the counsel of Jethro to Moses Exod. 18. 2. Thou shalt provide thee out of all thy people able men such as fear God men of truth hating covetousness and set them to judge the people Whereupon Moses having constituted Judges over the People gave them this charge viz. Hear the causes between your brethren and judge righteously between every man and his brother and the stranger that is with him Ye shall not respect persons in judgment but ye shall hear the small as well as the great Ye shall not be afraid of the face of man for the judgment is Gods Deut. 16. 17. Give me leave likewise to mind you of Jehosaphat's charge to the Judges 2 Chron. 19. 6 7 9 11. Take heed what you do for you judge not for man but for the Lord who is with you in judgment Wherefore now let the fear of the Lord be upon you take heed and do it for there is no iniquity with the Lord our God nor respect of persons nor taking of gifts This shall ye do in the fear of the Lord faithfully with a perfect heart and shall judge the cause that shall come before you between blood and blood c. Deal couragiously and the Lord shall be with you There is also an excellent Rule for Judicature put in the case of the Gibeonites abuse of the Levites Wife Judg. 19. 30. the Crime was horrid the Case extraordinary There was never such a deed done or seen before in Israel the Tribes were moved at it and upon the Assembly the Rule is given viz. Consider of it take advice and speak your minds This certainly is an excellent Rule of Judicature viz. first 1. Consider of it consider well the Case and consider all the Circumstances of it beware that no guilty person escape nor innocent person be condemned For he that justifieth the wicked and condemneth the just even they both are an abomination to the Lord Prov. 17. 15. 2. Take advice and consult with others Lean not to thine own understanding saith the wise Solomon Prov. 4. 5. In the multitude of Counsellors there is safety Be not rash nor sudden or hasty to give judgment Qui festinat ad judicium proper at ad poenitentiam Prov. 11. 14. And therefore right grave and ponderous are the Entries of the Judgments in the Common Law scil Quibus lectis auditis per justiciarios his plenius intellectis matura deliberatione me praehabita c. adjudicatur c. When we have patiently heard and fully understood the Parties and Proofs the Witness and whole Case and have search'd into all the Parts and Circumstances of it and when we have advisedly considered debated and consulted of it and taken mature deliberation thereupon then according to the charge of Jehosaphat Let us deal couragiously give Sentence and fear not the face of man for God is with us It is no less impiety to absolve the Guilty than to condemn the Innocent Thus Sir Gerrard Lowther Chief Justice of the Common Pleas one principally imployed in the weightiest Affairs at Oxford and Westminster by the Marquess of Ormond with his Majesties Approbation that it cannot be said we have here presented you with the froth of a Fanatick or one less interressed in the State then one to whom the greatest Concerns thereof had been frequently communicated Yet because his Speech being spoke at the opening of the High Court of Justice may be thought Apocryphal and so not to be admitted for Doctrine yet may be read for instruction of Manners we shall soon present you with some thing Orthodox Many at Kilkenny Waterford Cork Dublin and other Places underwent the Censure of the High Court of Justice though the number of those that suffered exceeded not 200. for that the Sword Plague Famine and Banishment had swept away vast numbers amongst whom one Tool a notable Incendiary of Wicklow was one against whom Edmund Reily the Irish Priest and Vicar-General afterwards Archbishop of Ardmagh appearing in 1653. as a Witness was there accused for the chief Author of surprizing and burning in Cessation time the black Castle of Wicklow and consequently too of murthering of all those were in it upon which he was seized and committed Yet for his service in betraying the Royal Camp at Rathmines suffered no further punishment In distributing of Lands a course was thought of how the English might enjoy them freely without disturbance of the Irish for the future ever ready to fall upon them and therefore many of the Natives were transplanted into Connaght and according to the Extenuation of their Crimes had more or less Land allotted them which they enjoyed freely and in several respects was a great conveniency to them and not less security to the English They being now in a Body might be better watched then several where they would have been sure on every opportunity to have disturb'd the Peace One of the last Commanders amongst the Irish which bore up against the Parliament was Moitogh O Brian who being at last forced into his Fastnesses obtain'd in March 1653. the usual Articles of Transportation By the favour of which not less then 27000 Men had that year been sent away so as through the numbers that had been killed died of the Plague Famine and had been Transported the scarcity of People was very considerable To supply which Fleetwood writ that several Colonies might be sent over offering very good Conditions to such Families that would Transport themselves whereupon great numbers of all sorts of Sex flocked into Ireland which Fleetwood much indulging Cromwel thought requisite for the greater strengthening of his own Party to make his Son Harry Lord Deputy which he did in 1655. and soon after Lord Lieutenant a
Judges of and in such Quo warrantoes 16. By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the fact Censured in the Castle Chamber in great Fines and sometimes Pillored with loss of Eares and boared through the Tongue and sometimes marked in the forehead with a hot Iron and other like infamous Punishment 17. By what Law are men Censurable in the Castle-Chamber with the mutilation of Members or any other brand of Infamy and in what Causes and what punishment in each Case there is due without respit of the quality of the Person or Persons 18. Whether in the Censures in the Castle-Chamber regard be to be had to the words of the great Charter viz. Salvo continemento 19. Whether one that steals a Sheep or commits any other Felony and after flieth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traitor if not whether a Proclamation can make him so 20. VVhether the Testimony or Evidence of Rebells Traitors protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Trials of men for their lives or whether the Judge or Jurors ought to be Judge of the matter in fact 21. By what Law are Faires and Markets to be held in Capite when no other express Tenure is mentioned by his Majesties Letters Patents or Grants of the same Faires and Markets although the Rent or yearly summe be reserved thereout Declarations of the Law made in Parliament upon the Questions propounded to the Judges in a Sessions this present Parliament 1. THE Subjects of this his Majesties Kingdom of Ireland are a free People and to be governed only according to the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the lawful Customs used in the same 2. That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of force in this Kingdom and the said Judges or any of them by colour or under pretext of any Act of State or Proclamation or under colour or pretext of any Writ Letter or direction under the Great-Seal Privy-Seal or Privy-Signet from the King 's most Excellent Majesty or by colour or pretext of any Letter or Commandment from the chief Governour or Governours of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon And if any Letters Writs or Commands from his Majesty or any other or for any other cause to the Justices or other deputed to do the law and right according to the usage of the Realm in disturbance of the Law or of the execution of the same or of right to the parties the Justices and others aforesaid ought to proceed and hold their Courts and process where the Pleas and matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due punishment according to the Law and the former Declarations and Propositions in Parliament in that Case made and of force in this Kingdom or as shall be ordered adjudged or declared in Parliament and the Barons of the Exchequer Justices of Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared that they ought to undergo the punishment aforesaid 3. The Councel-Table of this Realm either with the chief Governour or Governours or without the chief Governour or Governours is no Judicature wherein any Actions real personal popular or mixt or any Suit in the nature of the said Actions or any of them can or ought to be Commenced heard or determined And all proceedings at the Councel-Table in any Suit in the nature of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of force in this Kingdom only excepted 4. The proceedings before the Chief Governour or Governours alone in any Action real personal popular or mixt or in any Suit in the nature of any of the said Actions are voted upon Question coram non Judice and void 5. All grants of Monopolies are contrary to the Laws of this Realm and therefore void And no Subject of the said Realm ought to be fined imprisoned or otherwise punished for exercising or using the lawful liberty of a Subject contrary to such Grants 6. The Lord Lieutenant Lord Deputy or other Chief Governour or Governours and Councel of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Censure any subject in mutilation of Members standing on the Pillory or other shameful punishment in any Case at the Councel-Table and no Subject ought to be Imprisoned Fined or otherwise punished for infringing any Commands or Proclamations for the support or countenance of Monopolies And if in any Case any person or persons shall be committed by the Command or Warrant of the Chief Governour or Governours and Privy Councel of this Realm or any of them That in any such Case any person or persons so committed or restrained of his or their liberty or suffering imprisonment upon demand or motion made by his or their Councel or other imployed by him or them for that purpose unto the Judges of that Court of King's Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fees usually payed for the same have forthwith granted unto him or them a Writ or Writs of habeas Corpus to be directed generally unto all and every Sheriff Gaol-Minister Officer or other person in whose custody the party or parties so committed or restrained shall be at their retorn of the said Writ or VVrits and according to the Command thereof upon due and convenient notice thereof given unto him at the charge of the party or parties who requireth or procureth such VVrit or VVrits and upon security by his or their own Bond or Bonds given to pay the charge of carrying back the Prisoner or Prisoners if he or they shall be remanded by the Court to which he or they shall be brought as in like Case hath been used such charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any difference shall arise thereabouts bring or cause to be brought the bodies of the said party or parties so committed and restrained unto and before the Judges and Justices of the said Court from whence the said VVrit or VVrits shall issue in open Court and shall then likewise Certify the true cause of such his or their detainor or imprisonment and
Chamber and about nine of the Clock Mr. Moore and Captain Fox came to me and told me all was discovered and that the City was in Arms and the Gates were shut up and so departed from me And what became of them and of the rest I know not nor think that they escaped but how and at what time I do not know because I my self vvas taken that Morning APPENDIX III. Fol. 30. By the Lords Justices and Council W. Parsons Jo. Borlase WHereas We the Lords Justices and Council have lately found that there waas a most disloyal wicked and detestable Conspiracy intended and plotted against the Lives of Us the Lords Justices and Council and many others of his Majesties faithful Subjects especially in Ulster and the borders thereof and for the surprizing not only of his Majesties Castle of Dublin his Majesties principal Fort but also of other Fortifications in several parts and although by the great goodness and abundant mercy of Almighty God to his Majesty and to this State and Kingdom these wicked conspiracies are brought to light and some of the Conspiracies committed to the Castle of Dublin by Us by his Majesty's Authority so as those wicked and damnable plots have not taken effect in the chief parts thereof yet some of those wicked Malefactors have surprised some of his Majesty's Forts and Garrisons in the North of Ireland slain divers of his Majesty's good Subjects imprisoned some and robbed and spoiled very many others and continue yet in those Rebellious courses against whom therefore some of his Majesty's Forces are now marching to fight against them and subdue them thereby to render safety to his Majesty's faithful Subjects And whereas to colour and countenance those their wicked Intendments and Acts and in hope to gain the more numbers and reputation to themselves and their proceedings in the opinion of the ignorant common people those Conspirators have yet gone further and to their other high Crimes and Offences have added this further wickedness even to traduce the Crown and State as well of England as Ireland by false seditious and scandalous reports and rumors spread abroad by them We therefore to vindicate the Crown and State of both Kingdoms from those false and wicked calumnies do hereby in his Majesty's name publish and declare that the said reports so spread abroad by those wicked persons are most false wicked and triterous and that We have full Power and Authority from his Majesty to prosecute and subdue those Rebels and Traytors which now We are doing accordingly by the Power and Strength of his Majesty's Army and with the Assistance of his Majesty's good and Loyal Subjects and We no way doubt but all his Majesty's good and faithful Subjects will give Faith and Credit to Us who have the Honour to be trusted by his Majesty so highly as to serve Him in the Government of this his Kingdom rather then to the vain idle and wicked Reports of such lewd and wicked Conspirators who spread those false and seditious Rumors hoping to seduce a great number to their party And as We now believe that some who have joyned themselves with those Conspirators had no hand in contriving or plotting the mischiefs intended but under pretence of those seditious Scandals were deluded by those Conspirators and so are now become ignorantly involved in their guilts so in favour and mercy to those so deluded We hereby charge and command them in his Majesty's name now from Us to take light to guide them from that darkness into which they were misled by the wicked seducement of those Conspirators and to depart from them and from their wicked Counsels and Actions and according to the duty of Loyal Subjects to submit themselves to his Sacred Majesty and to his Royal Authority intrusted with Us. But in case those persons which were no Plotters nor Contrivers of the said Treason but were since seduced to joyn with them as aforesaid lay not hold of this his Majesty's Grace and Favour now tendred unto them then We do by this Proclamation Publish and Declare that they shall hereafter be reputed and taken equally guilty with the said Plotters and Contrivers and as uncapable of Favour and Mercy as they are Given at His Majesties Castle of Dublin the 30. of October 1641. La. Dublin R. Ranelagh Ant. Midensis John Rophoe R. Dillon J. Temple P. Crosbie Ja. Ware Rob. Meredith APPENDIX IV. Fol. 32. By the Lords Justices and Councel A Proclamation for the discovery and present removal of all such as do or shall continue in the City of Dublin or places adjacent Without just or necessary cause W. Parsons Jo. Borlace VVHereas through the great concourse of people to this City of Dublin the Countrey is deprived of Defence and left open to the rapine and depredation of the Rebels now in Arms in this Kingdom the poor of those parts are destitute of Succour and Relief and divers other inconveniences do and may thence arise unless some timely remedy be applied thereunto VVherefore We do hereby in his Majesties name and under the pains and punishments hereafter mentioned command That all and every person and persons whatsoever not having necessary cause of residing in this City of Dublin and the Suburbs thereof and the places within two miles about the same aswell within Liberties as without to be approved of by our very good Lord James Earl of Ormond and Ossory who is appointed Lieutenant General of His Majesties Army in this Kingdom and the Councel of War here for the time being or by such other persons as shall be by them appointed for examination thereof do within four and twenty hours after publication hereof repair to their respective homes and dwellings And also that no person or persons of what quality or condition soever do keep with him or them any more or other then his or their own domestick servants And that this Proclamation and the service hereby intended be not in any wise eluded or evaded VVe do hereby in His Majesties name and under the pains and punishments hereafter mentioned charge and command That all and singular the Citizens Inhabitants and Residents of and within this City of Dublin the Suburbs thereof and all places within two miles about the same do within four and twenty hours after publication hereof return under their hands unto the next Alderman of the Ward or Seneschall or other chief Officer of Liberty respectively the names sirnames qualitie and condition of all persons now lodged and remaining in their houses and also that they and every of them for the future until Declaration be made to the contrary do within two hours after the receipt or entertainment into his or their house or houses of any stranger or strangers not being of his or their familie or families return under his and their hand and hands unto the next Alderman of the Ward Seneschall or other chief Officer as aforesaid the names sirnames quality and condition of all and
Protestant Religion and all the Brittish Professors thereof out of this Your Majesties Kingdom And to the end it may the better in some measure appear Your Suppliants have made choice of Captain William Ridgeway Sir Francis Hamilton Knight and Baronet Captain Michael Jones and Mr. Fenton Parsons whom they have employed and authorized as their Agents to manifest the truth thereof in such Particulars as for the present they are furnish'd withal referring the more ample manifestation thereof to the said Captain William Ridgeway Sir Francis Hamilton Captain Jones and Fenton Parsons or any three or more of them and such other Agents as shall with all convenient speed be sent as occasion shall require to attend Your Majesty from Your Protestant Subjects of the several Provinces of this Your Kingdom VVe therefore Your Majesties most humble loyal and obedient Protestant-Subjects casting down our selves at Your Royal feet and flying to You for succour and redress in these our great Calamities as our most gracious Soveraign Lord and King and next and immediately under Almighty God our Protector and Defence most humbly beseeching Your Sacred Majesty to admit into Your Royal Presence from time to time our said Agents and in Your great VVisdom to take into Your Princely Care and Consideration the distressed Estate and humble desires of Your said Subjects so that to the Glory of God Your Majesties Honour and the happiness of Your good Subjects the Protestant Religion may be restored throughout the whole Kingdom to its lustre that the losses of Your Protestant Subjects may be repaired in such manner and measure as Your Majesty in Your Princely VVisdom shall think fit and that this Your Kingdom may be setled as that Your said Protestant Subjects may hereafter live therein under the happy Government of Your Majesty and Your Royal Posterity with comfort and security whereby Your Majesty will render Your self through the whole VVorld a most just and Glorious Defender of the Protestant Religion and draw down a Blessing on all other Your Royal Undertakings for which Your Petitioners will ever pray c. Subscribed by the Earl of Kildare Lord Viscount Montgomery Lord Blany and many others To which they received this Answer by His Majesties Command At Our Court at Oxford the 25th of April 1644. His Majesty being very sensible of the Petitioners Losses and sufferings is ready to hear and relieve them as the Exigencie of his Affairs will permit and wisheth the Petitioners to propose what they think fit in particular for his Majesties Information and the Petitioners Remedy and future Security Edw. Nicholas Upon the reading of the Petition His Majesty was pleased to say That He knew the Contents of the Petition to be Truth APPENDIX XII Fol. 142. The Propositions of the Roman Catholicks of Ireland humbly presented to His Sacred Majesty in pursuance of their Remonstrance of Grievances and to be annexed to the said Remonstrance together with the humble Answer of the Agents for the Protestants of Ireland to the said Propositions made in pursuance of Your Majesties directions of the 9th of May 1644. requiring the same 1. Pro. THAT all Acts made against the Professors of the Roman Catholick faith whereby any restraint penalty Mulct or incapacity may be laid upon any Roman Catholicks within the Kingdom of Ireland may be repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion Answ. To the first we say that this hath been the pretence of almost all those who have entred into Rebellion in the Kingdom of Ireland at any time since the Reformation of Religion there which was setled by Acts of Parliament above eighty years since and hath wrought good effects ever since for the peace and welfare both of the Church and Kingdom there and of the Church and Kingdom of England and Protestant party throughout all Christendom and so hath been found wholesom and necessary by long experience and the repealing of those Laws will set up Popery again both in Jurisdiction profession and practice as that was before the said Reformation and introduce among other inconveniencies the Supremacy of Rome and take away or much endanger Your Majesties Supream and just Authority in Causes Ecclesiastical Administration of honour and power not to be endured the said Acts extending as well to seditious Sectaries as to Popish Recusants so as by the repeal thereof any man may seem to be left to chuse his own Religion in that Kingdom which must needs beget great confusion and the abounding of the Roman Clergy hath been one of the greatest occasions of this late Rebellion besides it is humbly desired that Your Majesty will be pleased to take into Your gracious consideration a Clause in the Act of Parliament passed by Your Majesties Royal Assent in England in the 17th year of Your Raign touching punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Pro. That Your Majesty will be pleased to call a free Parliament in the said Kingdom to be held and continued as in the said Remonstrance is expressed and the Statute of the 10th year of King Hen. 7. called Poyning's Acts explaining or enlarging the same be suspended during that Parliament for the speedy settlement of the present Affairs and the repeal thereof be there further considered of Answ. VVhereas their desire to have a free Parliament called reflecteth by secret and cunning implication upon Your Majesties present Parliament in Ireland as if it were not a free Parliament we humbly beseech Your Majesty to present how dangerous it is to make such insinuation or intimation to your people of that Kingdom touching that Parliament wherein several Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of high nature as we humbly conceive is not properly to be dismissed but in Parliament and Your Majesties said Parliament now sitting is a free Parliament in Law holden before a person of honour and fortune in the Kingdom composed of good loyal and well-affected Subjects to Your Majesty who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the True Protestant Religion and for Your Majesties service and the good of the Church and State that if this present Parliament should be dissolved it would be a great terrour and discontent to all Your Majesties Protestant Subjects of the Kingdom and may be also a means to force many of Your Majesties Subjects to quit that Kingdom or peradventure to adhere to some other party there in opposition of the Romish Irish Confederates rather than to be liable to their power which effects may prove of most dangerous consequence and we humbly offer to Your Majesties consideration Your own gracious Expression mentioned in the grounds and motives inducing Your Majesty to agree to a
Answers they had Humbly offered pretending not to be Judges but submissive Petitioners for what was committed to their Charge APPENDIX XIII Fol. 144. The Humble Propositions of your Majesties Protestant Agents of Ireland in pursuance of the humble Petition of your Majesties Protestant Subjects as well Commanders of your Majesties Army there as others presented to your Majesty the 18th day of April 1644. and answered by your Majesty the 25 of the same 1. WE most humbly desire the Establishment of the true Protestant Religion in Ireland according to the Laws and Statutes in the said Kingdom now in force 2. That the Popish Titular Arch-Bishops Bishops Jesuits Friers and Priests and all others of the Roman Clergy be banished out of Ireland because they have been the stirrers up of all Rebellion and while they continue there there can be no hope of safety for your Majesties Protestant Subjects And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants may continue of force and be put in due Execution 3. That Restitution may be made of all our Churches and Church Rights and Revenues and all our Churches and Chappels re-edified and put in as good Estate as they were at the breaking out of the Rebellion and as they ought to be at the Charge of the Confederate Roman Catholicks as they call themselves who have been the occasion of the Destruction of the said Churches and possessed themselves of the Profits and Revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdom and that all Persons duly indicted in the said Kingdom of Treason Felonie or other heinous Crimes may be duly and legally proceeded against outlaw'd tried and adjudged according to Law And that all Persons lawfully convicted and attainted or to be convicted and attainted for the same may receive due punishment accordingly 5. That no Man may take upon him or execute the Office of a Major or Magistrate in any Corporation or the Office of a Sheriff or Justice of Peace in any City or County in the said Kingdom until he have first taken the Oaths of Supremacy and Allegiance 6. That all Popish Lawyers who refuse to take the Oath of Supremacy and Allegiance may be suppress'd and restrain'd from practice in that Kingdom the rather because the Lawyers in England do not here practice until they take the Oath of Supremacy And it hath been found by woful Experience that the Advice of Popish Lawyers to the people of Ireland hath been a great cause of their continued Disobedience 7. That there may be a present absolute Suppression and Dissolution of all the assumed Arbitrary and Tyrannical Power which the said Confederates exercise over Your Majesties Subjects both in Causes Ecclesiastical and Temporal 8. That all the Arms and Ammunition of the said Confederates be speedily brought into Your Majesties Stores 9. That Your Majesties Protestant Subjects ruin'd and destroy'd by the said Confederates may be repair'd for their great losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise dispos'd of whereby they may the better be enabl'd to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may rebuild the several Plantation-Houses and Castles destroy'd by them in Ireland in as good state as they were at the breaking out of the Rebellion which Your Majesties Protestant Subjects have been bound by their several Patents to build and maintain for Your Majesties Service 11. That the great Arrears of Rent due to Your Majestie out of the Estates of Your Majesties Protestant Subjects at and since Michaelmas 1641. may be paid unto Your Majestie by such of the said Confederates who have either receiv'd the said Rents to the uses of the said Confederates or destroy'd the same by disabling Your Majesties Protestant Subjects to pay the same And have also destroy'd all or the most part of all other Rents or means of support belonging to Your said Protestant Subjects And that Your said Protestant Subjects may be discharg'd of all such Arrears of Rents to Your Majestie 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion and that such Commanders as have rais'd Forces at their own Charges and laid forth great sums of Money out of their own Purses and engag'd themselves for Money and Provisions to keep themselves their Holds and Souldiers under their Commands in the due necessary Defence of Your Majesties Rights and Laws may be in due sort satisfied to the encouragement of others in like times and Cases which may happen 13. That touching such parts of the Confederate Estates as being forfeited for their Treasons are come or shall duly come into Your Majesties hands and possession by that Title Your Majesty after the due satisfaction first made to such as claim by former Acts of Parliament would be pleased to take the same into your own hands and possession and for the necessary encrease of Your Majesties Revenue and better security of the said Kingdom of Ireland and the Protestant Subjects living under your gracious Government there to plant the same with Brittish and Protestants upon reasonable and honourable Terms 14. That one good walled Town may be built and kept repair'd in every County of the said Kingdom of Ireland and endow'd and furnish'd with necessary and sufficient means of legal and just Government and Defence for the better security of Your Majesties Laws and Rights more especially the true Protestant Religion in time of Danger in any of which Towns no Papist may be permitted to dwell or inhabit 15. That for the better satisfaction of Justice and Your Majesties Honour and for the future security of the said Kingdom and Your Majesties Protestant Subjects there exemplary punishment according to Law may be inflicted upon such as have there traiterously levied VVar and taken up Arms against Your Majesties Protestant Subjects and Laws and therein against Your Majesty especially upon such as have had their hands in the shedding of Innocent blood or had to do with the first Plot or Conspiracy or since that time have done any notorious Murther or Covert Act of Treason 16. That all Your Majesties Towns Forts and places of strength destroy'd by the said Confederates since the said Rebellion may be by them and at their Charges re-edified and deliver'd up into Your Majesties hands to be duly put into the Government under Your Majestie and Your Laws of your good Protestants And that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion may be slighted and thrown down or else deliver'd up and disposed of for Protestant Government and Security as aforesaid 17. That according to the Presidents of former times in cases of General Rebellions in Ireland the Attainders which have been duly had by Outlawry for