rid of some of His Majesties English Judges and Officers whom they cannot endure to bear rule over them though they saw the Kingdom prospered above any former Times under their Labour and Travel And it is untrue that the Protestants did envy the good Union of both Houses on the contrary they laboured to cherish and confirm it but if any Protestant opposed the Remonstrants upon any point how reasonable soever they presently clamour that it is done out of Malice against them and the Nation which is an unjust Obloquy and though the Pupists made daily Cabals yet the Protestant Members never had but one private Meeting and that without the Lords Justices knowledge and at that Meeting there were some Papists and the Design of it was to prevent an Impeachment intended by some of the Irish against those that were concerned in the Grand Inquisition of the Kings Title to Conaugth the Plantation of which Province with English the Natives abhorred as that which would have frustrated all their Evil Designs And as to the Session of the 11 th of May 1641 it continued very long viz. to the 7 th of August and was unprofitably spent in Protestations Declarations Votes upon Queries the Stay of Soldiers from going over Seas and private Petitions and it is untrue that there was any Certainty of the Committees being at the Water-side at the Time of Adjornment so on the 14 th of July the Lords Justices sent to both Houses to consider of a Time of Adjornment because the Harvest was approaching and the House was thin and on the 30 th of July the Commons desired the Adjornment might be delayed till the 7 th of August and on the 2 d. of August the Lords licensed the Judges to go their Circuits and the same Day the Commons desired the Adjornment might be from the 7 th of August to the 9 th of November to which the Lords agreed and on the 5 th of August a Committee of both Houses attended the Lords Justices with notice thereof and they consented thereunto by Order to be entred in the Houses as by their consent On the 6 th of August there arrived the Earl of Roscomon with a Letter from the Committee importing that they were busie about their Dispatch at London whereupon the Lords sent to the Commons that they continued their Opinion for the Adjornment and accordingly they did adjourn the next Day so that there is no Ground for the Calumny on the Lords Justices that they threatned to prorogue them or purposed to prevent the passing the Graces not then arrived into Acts. But those Remonstrants having broken Faith with His Majesty and all his faithful Subjects do take liberty to asperse his Governors and well affected Officers whom they desire for ill Ends to make odious to the People Lastly They close this Article with an Untruth for the Lords Justices did immediatly after the Arrival of the Committee write to all the Ports of the Kingdom with Briefs of the Graces concerning matters of Customs commanding the Officers to obey those Directions they also published Proclamations for transporting Wool and what Customs were payable for the same They sent Warrants for free Entries of Tobacco and what Customs were payable for it they gave Order for a Bill to be drawn for a Repeal of the preamble of the Act of Subsidies they also desired Sir James Mongomery and Sir William Cole to give notice to the Undertakers of Vlster of the Graces intended to them and they had formerly sent over the Bill for a General pardon and most of the rest of the Graces were to be executed in Dublin and respected the Regulation of the Courts there for which the Approaching Term was the proper Season But the Remonstrants had not patience to expect that but resolved to be their own Carvers and dispose of the King's Revenue and the Protestants Estates as they thought fit As to the Eighth Article the prodigious Tale of the Petition is untrue And but that these Remonstrants care not what Detractions how untrue and improbable soever they print or publish against those they hate they would not have averred this Story without producing a Copy of a Petition signed by so many Thousands but the Truth is the four Persous named had no hand in any Petition but there was indeed a Petition which reflected more upon the Protestant than the Popish Clergy but as soon as the Lords Justices had notice of it they got the Original into the Clerk of the Councils Office where it still lies What Sir John Clotworthy did or said in the Parliament of England was not known to the Protestants of Ireland nor is it material nor do they believe that any thing was then moved plotted or contrived against the Remonstrants or that the English Parliament resolved any destructive Course against them till after the Rebellion begun though the Remonstrants by confounding Times would use it as a Cover for their inhuman Perpetrations As for the Statute of 2 Eliz. the Remonstrants find fault with it because by repealing by Queen Mary's Act of Repeal it revives the necessary Statutes made by Henry 8 th against Papal Incroachments and Usurpations without which the Papists being dissolved from their dependence on the King's Auchority in matters Ecclesiastical would transfer that half of his Sovereignty to the Pope who might discharge their Allegiance in civil Causes as he hath often done here and elsewhere for as to the Penal part that Statute mitigates the Crime of Advancing foreign Jurisdiction which being Treason before is by that Act not made Treason till the third Offence after two Convictions and as to that part of the Statute about Officers and suers of Livery to take the Oath of Supremacy they have found so many Instances of His Majesties indulgence to them in that particular that it is ingratitude in them to complain And if they mean the second Chapter of secundo Eliz. it is answered that what Noise soever that Statute hath made yet it hath done very little Execution but the Complaint as if those Statutes were forged or had lain dormant till most of the Members of that Parliament were dead is of all other the most shameless for those Statutes were published in print with the rest Anno 16 Eliz. and were soon after too sparingly indeed put in Execution as appears by the Records but 't is true the second Chapter could not be executed because the Papists universally came to Church till of later Days and the Name of Recusant was not then known But afterwards when Popery became more bold and dangerous that Act was sometimes put in Execution but without danger to any Man's Life or Estate for the Penalty was but Nine Pence a Sunday and the Laws in England against Popery are very much more severe and yet upon this slender Ground and the vile Fiction of sending 10000 Scots which was never thought of till long after the Rebellion broke out do these
Parliament in Ireland till the Eleventh Year of this King's Reign Sullivan 211. and that Sullivan himself brings this very Neal Garuff on the English side again Anno 1608. But to proceed Sir ARTHUR CHICHESTER was sworn Lord Deputy on the Third of February 1604. and soon after establish'd a new Circuit for Judges of Assize for the Province of Connagh 1604. and retrived the Circuit of Munster Davis 265. which had been discontinued for Two hundred Years It must be observed That until this time the Papists generally did come to Church and were called Churchâ—Papists but now the Priests began to be seditious and did not only scandalize the Publick Administration of Affairs but also took upon them to review and decide some Causes that had been determin'd in the King's Courts and to oblige their Votaries on pain of Damnation to obey their Decision and not that of the Law they did also forbid the People to frequent the Protestant Churches and they publickly rebuilt Churches for themselves and erected or repaired Abbies and Monasteries in several Parts of the Kingdom and particularly at Multifernam in the County of Westmeath Killconell in the County of Gallway Rossariell in the County of Mayo Buttivant Kilkrea and Timoleague in the County of Cork Quin in the County of Clare Garinlogh in Desmond and in the Cities of Waterford and Kilkenny Sullivan 206. Intending says Mr. Sullivan to restore the Splendor of Religion And as many as pleased sent their Children to Foreign Seminaries without control And perhaps all this might have passed if they had not as foolishly as impudently publish'd every where and in all Companies That the King was of their Religionâ— 1605. But then the Government was necessarily obliged for the Vindication of his Majesty and to prevent the Growth of Popery and suppress the Insolence of the Papists to publish a Proclamation on the Fourth of July 1605. commanding the Popish Clergy to depart the Kingdom before the Tenth of December following unless they would conform to the Laws of the Land But this Proclamation being too faintly executed as Laws against Popery have hitherto always been produced more Noise than Effect so that it did little service in Ireland and yet furnished the Irish Papists with matter of Complaint beyond Seas where they usually make a great Clamour for a small Matter But on the Fifth of November was discovered the Damnable Popish Plot well known in England by the Name of The Gunpowder Treason the Design of it was to blow up at once the King the Nobility and the Principal Gentry of that Kingdom then assembled in Parliament The Papists did for some time with great Artifice and Confidence impose upon the World that this was a Plot of Cecill's making but finding at length that that Cobweb Pretence was too thin and was easily seen through they laid the blame upon a few desperate Villains as they always do when the Fact is too notorious to be denied But now that Matter is pretty well setled by the Confession of * Wilson Hist of K. James p. 32. Weston of the Earl of Castlehaven the Lord Stafford and Peter Walsh This Year the barbarous Customs of Tanistry and Gavelkind were abolish'd by Judgment in the King's Bench Davis's Reports and the Irish Estates thereby made descendible according to the Course of the Common Law of England and the City of Cork and the Liberties thereof were separated from the County of Cork and made a distinct County of it self reserving nevertheless Places in the City for a Gaol and a Court-house for the County at large In the Year One thousand six hundred and six 1606. the famous Robert Lalor Vicar-General of Dublin and other Diocesses in Leinster for disobedience to the aforesaid Prolamation was apprehended in the City of Dublin it being the Custom of these Ecclesiastical Spies to lurk about the Metropolis of every Kingdom he was in Michaelmaâ— Term indicted upon the Statute of 2 Eliz. cap. 1. for advancing and upholding Foreign Jurisdiction within this Realm but he humbled himself to the Court and voluntarily and upon Oath on 22d December 1606. made a Recognition in haec verba First He doth acknowledge that he is not a lawful Vicar General in the Diocess of Dublin Kildare and Fernes and thinketh in his Conscience that he cannot lawfully take upon him the said Office Item He doth acknowledge our Soveraign Lord King James Davis Rep. 83. that now is to be his Lawful Chief and Supream Governor in all Causes as well Ecclesiastical as Civil and that he is bound in Conscince to obey him in all the said Causes and that neither the Pope nor any other Foreign Prelate Prince or Potentate hath any Power to controll the King in any â—ause Ecclesiastical or Civil within this Kingdom or any of his Majesties Dominions Item He doth in his Conscience believe that all Bishops ordained and made by the Kings Authority within any of his Dominions are lawful Bishops and that no Bishop made by the Pope or by any Authority derived from the Pope within the Kings Dominions hath any Power or Authority to impugne disannul or controll any Act done by any Bishop made by his Majesties Authority as aforesaid Item He professeth himself willing and ready to obey the King as a good and obedient Subject ought to do in all his lawful Commandments either concerning his Function of Priesthood or any other Duty belonging to a good Subject Upon this Confession he was indulged with more Liberty and the free Access of his Friends and would undoubtedly have been enlarged the next Term if he had not privately denied what he had publickly done protesting that his Confession did not extend to the Kings Authority in Spiritual Causes but in Temporal only this being told to the Lord Deputy it was resolved to try him upon the Statute of 16. R. 7. cap. 5. of Premunire and it was discreetly done rather to Indite him upon that than upon any new Statute made since the Reformation Davis Rep. 85. that the Irish might be convinc'd That even Popish Kings and Parliaments thought the Pope an Usurper of those exorbitant Jurisdictions he claim'd and thought it inconsistent with the Loyalty of a good Subject to uphold or advance his unjust and unreasonable Incroachments on the Prerogative of the King and the Priviledge of the Subject which tended to nothing less then to make our Kings his Lacquies our Nobles his Vassals and our Commons his Slaves and Villains Upon this Indictment he was tryed and found Guilty and upon his Tryal his aforesaid Recognition which he made upon Oath was publickly read which netled him exceedingly and the rather because he was asked whether he had not denied this Confession to some of his Friends to which he answered that he had not but only told some of them that he had not own'd the Kings Supremacy in Spiritual Causes which he said was true for the word
the Judges of Assize in Open Court calling to their assistance at least Four of the Justices of the Peace and that only in Cases where all the Points and Circumstances limited by the Statute in that behalf shall be proved the same to be presented by the Jury so as none of the Jurors be of the Hundred where the Fact was done XXXVII All the Nobility Undertakers and others who hold Estates or Offices in that Kingdom are to make their Personal Residence there and not to leave it without Licence such Persons only excepted as are imployed in Our Service in England or attend here by Our special Command And in the Subsidies and all other Payments towards the Charge of Our Army there all those who hold Titles of Honour and no Estates in that Kingdom are to be rated and to contribute and pay equally as the rest of the Nobility of the like Degrees that have Estates and reside in Ireland for which We will give further Order upon an Assessment to be made and transmitted to Us from you XXXVIII No Judges nor Commissioners shall grant Reprieval to notorious Malefactors but with the Advice of the Justices of the Peace of the County then assisting or a competent Number of them XXXIX Where Undertakers have built upon Glebe-lands they are to sue forth Commissions out of the Chancery or Exchequer to select Commissioners to be named by the Undertakers and the Incumbent or if the Incumbent will not agree then the Court to make choice of indifferent Commissioners who are to set an indifferent Yearly Value of the said Parcel of Glebe-land and return the same to the Court who are to order the Incumbents successively to accept of the same from the Undertakers as a Yearly Rent for the said Parcel and for other Lands recovered against the Undertakers as Church-lands the Parties grieved are to sue in the Exchequer for Abatement of their Rents proportionably XL. All Scotishmen Undertakers in Ulster and in other Places there ar to be made Free Denizens of that Our Kingdom and no Advantage for want of Denization to be taken against the Heirs or Assigns of those that be dead XLI For examining what Rectories and Impropriations are now in Lay-mens Hands out of which there have been anciently Vicarages endowed with competent Maintenance for the Vicars which now are by Laymen possessed whereby the Service of God is neglected and for Reformation of that great Abuse you are forthwith to issue Commission to some Persons of Worth and Integrity free from that Imputation to examine and reform the said Abuse And such Persons as have great Rectories whereunto there are Chapels of Ease belonging somewhere six or seven Miles distant from the Mother-Church are to be enjoyned to keep Preaching Ministers in those Parts having competent Allowance to defray the same XLII No Person against whom any Judgment or Execution hath past in Course of Common Law or Decree in Chancery upon matter of Equity is from henceforth to have any Protection granted him nor any Person flying out of England into Ireland to defraud or shun the Prosecution of his Creditors is to be sheltred or protected from the Justice of the Law under colour of being a Soldier in any of Our Companies in that Our Kingdom XLIII No Witnesses between Party and Party at Sessions or Assizes or before any Commissioners whatsoever are to be bound over to the Castle-Chamber and if Information be put in against any such then a Relator to be named who shall be thought sufficient to answer a Recompence to the Party informed against according to the Award of the Court if sufficient Ground shall not appear of the Information XLIV Soldiers accused of Capital Crimes are to be left to be proceeded withal according to the Law and the Commissions for Reforming and Restraining the Abuses and Oppressions of Soldiers such as have lately issued under Our Great Seal there are to be directed especially to Persons of Quality having Freehold and Residence in the County And such Matters as cannot be ordered by them to be especially determined by a Committee of the Judges and others of Our Council to be nominated by you of which none are to be Captains of Horse or Foot XLV The New Corporations as well as the Ancient are to be assessed towards all General Country Charges and all Impropriations and Temporal Lands of Ecclesiastical Persons shall bear equal Contributions in Publick Charges in the Country and the Towns XLVI Such of the Barony of Carbery in the County of Cork as have Assignments from Sir James Simple Knight and have not as yet past their Patents accordingly are to be admitted to take out their Grants notwithstanding Our late Dear Father's Restriction of Grants and in their Tenures they are not to be prejudiced by any Office taken since the said Assignments from Sir James Simple unless the said Office be grounded upon some ancient Patent or Office upon Record before the Date of the said Assignments Nevertheless you are to provide That by pretext of this Our Grace no new Grants be made of any Lands within that Barony that are already passed by Letters Patents to any Person whatsoever XLVII Sheriffs are not to take above Three pence Fine upon any Person for not appearing at their Leets and if they appear then to take nothing at all And to such as are once sworn to the Allegiance they are to give a Ticket and of those no Fee to be demanded afterward for Swearing of them And for such as have been heretofore or shall hereafter be sworn and cannot produce their Ticket if they take Oath that they have been once sworn then they are not to be sworn again nor pay any more Fee And the Justices of Peace are not henceforth to give any Warrant for the Collecting or Levying of any Fines whatsoever but in Publick Sessions and by Extent under the Seal of the Quarter-Sessions XLVIII For delivering Possessions upon Judgments at Common Law Decree in Chancery or other Legal Injunction the Sheriffs are not to exact or take any other Fee than is limited by the Statutes in England for like Causes and that to be Irish Money And if any Sheriff shall demand or take more he is to be proceeded against and censured for Extortion XLIX No extraordinary Warrants of Assistance toâ—ching Clandestine Marriages Christnings or Burials or any Contumacies pretended against Ecclesiastical Jurisdiction are to be issued by the Lord Deputy or any other Governors nor executed Nor are the Clergy to be permitted to keep any private Prisons of their own for these Causes but the Delinquents in that kind are henceforth to be committed to Our Publick Gaols and that by Our Officers according to the Ordinary Proceeding of the same And all unlawful Exactions taken by the Clergy are to be reformed and regulated by the Commission there before mentioned L. If any Person shall be Outlawed upon an Action of Debt and thereupon a Seisure issued or a Custodium
other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry ☞ by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this Time of Danger the said Plantation being the principal Strength of those Parts IX The late Erection of the Court of High-Commission for Causes Ecclesiastical in these necessitous Times the Proceedings of the said Court ' in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the Encroaching of the some upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom X. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship XI The Petitioners do most heartily bemoan that His Majesty's Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesty's Revenue by the buying of Grants and otherwise And that all His Majesty's Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitoners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner his Treasure is issued XII The Petitioners do humbly conceive just and great Fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputy's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free Access to Address to His Sacred Majesty and Privy-Council of England so declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences XIII That of late His Majesty's Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesty's Court of Exchequer ☜ to shew cause by what Warrant the said Burroughs who heretofore sent Burgesses to Parliament should send Burgesses to the Parliament And thereupon for want of an Answer the said Privileges of sending Burgesses were seised by the said Court Which Proceedings were altogether coram non Judice and contrary to the Laws and Privileges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the Ruin and Destruction of the Commonwealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof XIV By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom XV. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursuivants and Gaolers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesty's most faithful and dutiful People of this Kingdom do conceive great Fears that their Readiness approved upon all Occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseach your Lordship That the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the Benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting Remedy for their aforesaid and other just Grievances and Oppressions And upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost Endeavors to serve His Majesty and comply with His Royal and Princely Occasions And shall pray c. As soon as the Lord Deputy had notice of this Remonstrance and perceived the Fury of the Irish Parliament he took occasion to Prorogue it on the Twelfth day of November but whatever he could do was ineffectual to stem the Tide which now ran too violent against him And therefore being heart-broken with his own and the Earl of Strafford's Misfortunes he died suddenly on the Third day of December 1640. Whereupon ROBERT Lord DILLON of Killkenny-West afterwards Earl of Roscomon Sir WILLIAM PARSONS Knight and Baronet Master of the Court of Wards were on the Thirtieth of December sworn Lords Justices 1640. But the Lord Dillon beings for his Intimacy and Alliance with the Earl of Strafford obnoxious to the aforesaid Irish Committee he was at their Instance removed and Sir WILLIAM PARSONS Master of the Court of Wards Sir JOHN BORLACE Master of the Ordnance were sworn Lords Justices on the Tenth of February to whom the King by his Letters of the Fourth of January before sent Orders at the Request of the Irish Committee That the Irish Subsidies which heretofore were Forty thousand Pounds should be reduced to a less Sum than formerly and that all Letter 's sent to the Chief Governor or other Publick Officers touching Publick Affairs or the Subjects Private Interests should be entred in the Signer-Office in England to the end the Subjects upon occasion might take Copies thereof and that all Dispatches from Ireland should be safely kept apart for the easier and readier recourse thereto and that His Majesty approves of the Repair of His Subjects to appeal to Him notwithstanding any Prohibition in Ireland to the contrary and orders That no body be prosecuted or molested on that score and that the Irish Committee shall have Copies of all Records Certificates Orders of Council Publick Letters or other Entries that are necessary to manifest or prove their Grievances And this Letter was on the Tenth of February 1640. by the Irish Parliament then sitting ordered to be entred amongst the Records and Ordinances of that House And soon after Rushw 15. the Irish Parliament did vote the following Grievances to be transmitted to their Committee in England which it seems were couched in Two Petitions one to the King and the other to the Parliament and both carried over by John Bellew
Dungannon O Connor Sligo O Carol and others When he came to Hampton-Court with two hundred Gentlemen in his Train it hapned that the Queen was looking out at the Window Hooker 118. and seeing such a Multitude she was thereat surprized until she was told it was the Lord Deputy of Ireland and then she replied It was well enough for he had two of the best Offices in the Kingdom And being come in he was well received for the present by the Queen but after a while was told by some of the Courtiers That the Scussle in Ulster was not worthy to be called a War since the principal Rebel Shane O Neal was but a Beggar and an Outlaw However the Earl of Desmond and O Connor were clapt up in the Tower and Sir John of Desmond was sent for and imprisoned in the same place But O Connor Lib. L. by Indenture made his Submission to the Queen Lib. H. and thereupon was enlarged and the next Year viz. the twelfth of July 1568 the Earl of Desmond submitted in most humble manner and laid all his Estate at her Majesties Feet and promised to convey what part she should be pleased to take of it and acknowledges to have forfeited a Recognizance of twenty thousand Pounds which he had formerly made to the Queen as hath been already related But when Sydny went to England he left Doctor Weston Lord Chancellor and Sir William Fitz-Williams Treasurer at Wars Lords Justices by Commission under the Great Seal of Ireland Dated the fourteenth Day of October In their time private Quarrels did swell almost into publick Wars for not only Sir Edmond Butler and Pierce Grace did invade Oliver Fitz Girald's Territories with great Fury but also the O Connors and O Mores who were Proclaimed Traytors did now appear in the Field with a thousand Gallowglasses and threatned to spoil O Carol's Country and to burn Kilkenny and the Defendants being in no good condition to resist did in vain importune the Government for Assistance Moreover Daniel Mac Carty More despising his Title of Earl of Glencar assumed the Title of King of Munster and having confederated with O Sullevan More Mac Swiny and others he invaded the Lord Roche's Country with Banners displayed and destroyed all the Corn together with seven Hundred Sheep and killed many Men Women and Children and carried away fifteen Hundred Cows and an Hundred Garrons Nor was the Contention less between James Fitz Maurice of Desmond and the Lord of Lixnaw And there happened another barbarou accident that was more surprizing than any of the rest for one Maurice Gibbon alias Reagh who was by the Popes Bull appointed to be Archbishop of Cashell had the Confidence to come to James Mac Caghwell who for some time had been Archbishop of that See Ware de presul 172. and to demand Possession which being refused the barbarous Villain stabbed the Archbishop with a Skein but it so happened that the Archbishod recovered and Maurice made his escape into Spain In Vlster Cambden 121. Turlogh Lynogh had assumed the Name of O Neal and in an Encounter with the Scots had killed Alexander Oge but it seems that quarrel was appeased and one Thousand of the Scots took Pay under Turlogh and invaded the Ferny contrary to Articles In Connaught there was a new Broil between Mac William Oughter and O Connor Sligo about a Rent in Eyter Conaught and in Thomond there were great Contests between the Earl and O Shaghaness and in this disorderly and tumultuous Condition stood the Kingdom of Ireland 1568. when in September Sir Henry Sydny Lord Deputy landed at Carigfergus he immediately sent for Turlogh Lynogh who came to him and confessed his Fault and with the greatest Humility begged the Lord Deputies Pardon which with great difficulty he at length obtained but not until the Scots Hostages were first Executed On the twentieth of October the Lord Deputy was Sworn at Dublin and immediately he sent for Sir Edmond Butler who upon several frivolous Pretences refused to come but broke out into Rebellion as shall be related hereafter In the mean time the Proceedings at Council-board will deserve a Paragraph in this History and the rather because a great and memorable Case was at this time agitated there for Sir Peter Carew whose Ancestor had formerly been Marquess of Cork and had great Possessions in several parts of the Kingdom came over well recommended to Ireland Lib. F. Lambeth and resolved to endeavour the recovery of that great Estate which was wrongfully withheld from him and particularly the Barony of Idrone in the County of Caterlogh was detained by the Heirs of those whom one of the Carews had employed as his Steward and had entrusted to mannage that Estate but Sir Peter being advised not to alarum the Irish by beginning with them first he did on the twenty ninth day of October prefer his Petition to the Council-board against Sir Christopher Chivers for the Mannor of Ballymaclethan in the County of Meath and in the Petition he suggested that Chivers was so popular and powerful a Man in his Country that there could be no indifferent Tryal had at Common-Law c. Hereupon Sir Christopher was summoned and when he appeared he pleaded ore tenus to the Jurisdiction of the Council-board in this Matter but Mr. Perriam gave three reasons why they might proceed First Because it was the common Practise to determine Causes at the Council-Table in England and instanced the Case of one Colshul about an Office in the Exchequer Secondly That in cases of Extremity as loss of Evidence want of just Tryal c. A Suit may be commenced before the Lord Chancellor or at the Council-board propter necessitatem ne curia domini Regis desiceret in Justitia exhibenda Thirdly That there are innumerable Presidents of Causes determined at the Council-Table in Ireland upon these reasons the Judges Dillon and Plunket were of Opinion the Board might proceed to determine this Cause and afterwards the two Chief Justices concurred in the same Opinion so that Chivers was forced to put in his Answer in Writing which he did but still it concluded to the Jurisdiction as before and in his Plea he insisted on the Statutes of Magna Carta cap. 11. and cap. 29. 25 Edw. 3. cap. 4. 28 Edw. 3. cap. 3. and 42 Edw. 3. cap. 3. But he likewise set forth his Title by Descent to part of the Lands in question and made some other Title to the rest The Court was angry with the Defendant for repeating his Plea to the Jurisdiction after it had been so solemnly over-ruled however they ordered the Plantiff to reply which he did by abridging his Plaint as to the Lands Descended and by a solid Answer to the rest of the Plea But at length the Parties agreed among themselves and Chivers for a small Consideration had a Release from Sir Peter however Sir Peter afterwards on the like Petition recovered the
the Crane in Dublin and did much harm On the seventh of May the Deputy made another journey into Pheagh Mac Hugh's Country 1597 and on the eighth had the good fortune to kill that Arch Rebel Ibid. and to take a Prey of 200 Cows which were divided amongst the Soldiers But the Queen believing that her Affairs were prejudiced by the disagreement between the Deputy and the General did at his own Request revoke the Lord Deputy and to supply his Place sent over Thomas Lord Burrough Lord Deputy who landed on the 15th of May and received the Sword in St. Patrick's Church on Sunday the 22d Camb. Eliz. 543. he had supreme Authority in Martial as well as Civil Causes and immediately ordered General Norris to his Presidency of Munster which Affront together with the Disappointment of the chief Government which he knew he merited and earnestly expected and the many baffles Tyrone had put upon him broke his Heart The Lord Deputy amongst other Instructions had charge to enquire what English Undertakers had ☜ contrary to their Covenants suffered Irishmen to inhabit their Lands and to enquire into the Earl of Glancar's Estate which for want of Heirs Males was devolved to the Crown After a Month's Truce with Tyrone the Deputy marched to Vlster where the Crown retained only Newry Knockfergus Greencastle Armagh Dundrum and Olderfleet Connaugh was likewise in Rebellion and so were some of the Butlers in Munster The Deputy met some opposition at a Pass near Armagh but he gallantly forced his way and thereby was convinced that the Irish would run if resolutely assaulted he soon took the Fort of Blackwater and garison'd it with English but whilst they were giving thanks to God for this Victory they were called from Prayers to Arms upon the appearance of the Irish Forces with whom they skirmished successfully yet so as that the Deputy's Brother-in-Law Vaughan and several others were slain and particularly two Foster-brothers of Henry Earl of Kildare for grief whereof the Earl soon after dyed Clifford Governour of Connaugh was ordered to advance with the Forces of his Province to the borders of Vlster wherefore with 700 old Soldiers he attempted it bravely but being opposed by a numerous Enemy he nevertheless made a gallant retreat above 30 Miles and in the face of 2000 Rebels without any considerable loss Upon the Lord Deputy's return towards the Pale the Earl of Tyrone immediately besieged the Fort of Blackwater and the Deputy as nimbly marched to its relief and having raised the Siege he designed to march to Dungannon and so to clear the way thither that on any occasion the Army might march that way but he fell 〈◊〉 and was forced to return and dyed in the way to Dublin and Sir Thomas Norris President of Munster was provisionally made Lord Justice on the 30th of August but he being melancholy at the death of his Brother soon grew weary of the Office and at his Request the Government was committed to Adam Loftus Lord Chancellour and Archbishop of Dublin and Sir Robert Gardiner Lord Chief Justice Lords Justices who were sworn on the 15th of November and the same day the Council gave in writing an account of the State of the Kingdom and concluded that it was an universal Irish Rebellion intended to shake off all English Government The Earl of Ormond was made Lieutenant General of the Army and he was to have 100 Marks per mensem and 30 Horse and 30 Foot and the Lords Justices were to have 33 l. 6 s. 8 d. per mensem and 20 Horse and 20 Foot equally divided between them The Earl of Ormond upon application made to him by Tyrone procured a Commission to himself the Bishop of Meath and Secretary Fenton to treat with that Rebel and on the 22d day of December they met at Dundalk and agreed to a Cessation for eight weeks on Tyrone's engagement to furnish the Fort of Blackwater with 50 Bieves and to give the Garison liberty of Forage and other Articles recited at large Morison 22. On the 18th of February O Rourk submitted to the Lieutenant General and subscribed the Agreement likewise mentioned at large Morison 22. and on the 15th of March Ormond proposed to Tyrone 13 Conditions of Pardon mentioned Morison 23. to most of which he agreed but because O Donell and some others did not appear that matter was adjourned to the 10th of April in the mean time the Pardon was drawn and bears date the 11th of April but I do not believe that Tyrone ever came for it both because he was Anno 1600. outlawed on the former Indictment and because he immediately relapsed into his former Disloyalties and not only sent aid to Phelim mac Feagh but also laid close Siege to the Fort of Blackwater but the defence made by Captain Thomas Williams was so considerable that Tyrone despair'd of effecting his design by Force and therefore resolved to starve them and indeed they were reduced to great necessity when in August Marshal Bagnall with 14 Ensigns of Foot and a choice Party of Horse was sent to relieve them The Rebels Camd. Eliz. 565. being a vast number fell upon the English in a Wood half a Mile beyond Armagh and the Earl of Tyrone having a particular spight against the Marshal Bâ—gnall he bent all his Force that way and had the good fortune to kill the Marshal and to rout the English Army with the slaughter of 13 Captains and 1500 Soldiers whereupon the shattered remnant of the English retired to Armagh and sent to Captain Williams to surrender the Fort of Blackwater that he might reinforce and preserve the rest of the Army By this Victory the Irish got Arms Ammunition and Victuals and which was more so much Reputation that the English could act only on the defensive part and not that it self without continual fear and danger But the Queen was nettled at this Defeat and by the 12th of September 1598. blam'd Ormond that he was not there and ordered him to reduce the old List to 8000 and to clear the Army from Irish and she also sent over Sir Richard Bingham to succeed Bagnall in the Office of Marshal but as soon as he landed he dyed at Dublin and Sir Samuel Bagnall was sent with 2000 Foot and 100 Horse which though at first designed to plant a Garison at Loghfoyle were on the aforesaid all news ordered to land at Carlingford In the mean time Tyrone sends Owny mac Rory Oge and Tirrel into Munster with 4000 Kernes 598. the President Sir Thomas Norris opposed them but was forced by necessary occasions or rather by reason of the weakness of his Forces to return to Cork whereupon the Munsterians generally rebell in October and kill murther ravish and spoil without Mercy and Tyrone made James Fitz Thomas Earl of Desmond on condition to be tributary to him He was the handsomest Man of his time and is commonly called the Sugan Earl And the Queen
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
Confederates and that Goods recovered he restored to the right Owners and that all who assist or favour the Enemies or stand Neuter be Excommunicated and that all Invaders of any Irishman's Property be Excommunicated and that those Excommunicated shall be excluded from Confession and Sacrament and that Importers or Makers of Arms Powder c. shall pay no Taxes and that in the next Congregation Embassadors be appointed to be sent to the Pope the Emperor and the Kings of France and Spain and that a Clergyman or a Lawyer be of the Quorum in every Embassie and that part of the Church-Livings be given to the Clergy and the rest to support the War and that Two Confessors and One Preacher be appointed for every Regiment c. And afterwards viz. on the Twenty fourth of October there was a General Assembly of the Lords Spiritual and Temporal and others the Representatives of the Confederates at Kilkenny and they likewise made many Ordinances mention'd at large Burlace Appendix 8. which are to this effect That the Popish Church in Ireland shall enjoy all Privileges according to Magna Charta and that the Common Law of England and all Statutes not inconsistent with the Freedom of Religion and the Liberty of the Subject be of force That Allegiance shall be continued to the King and His Prerogatives supported That the Law shall be executed as well as the Circumstance of War and the Absence from Dublin will permit That a Supreme Council of Twenty four be establish'd whereof Twelve constantly to reside and One of them to be President and Nine to be a Quorum of which Seven must concur to make any Vote obligatory and if a greater Number be present Two thirds must agree This Council shall have Authority over all Officers Civil and Military shall name Sheriffs Supreme Provost-Marshals c. and may do any thing for the Advantage of the Cause and determine Causes Capital and all other Matters except Title of Land and shall have a Guard of Five hundred Foot and Two hundred Horse That there be also Provincial and County Councils the former may receive an Appeal from the latter and may try Causes as Judges of Assize and Gaol-delivery use to do but must not meddle with Title of Land except Dowers and Jointures And the County Council shall have the Power of Sessions of Peace and an additional Authority to determine Personal Actions That the Sheriff in every County be Provost-Marshal and may execute any Man not worth Five pounds for any Capital Offence giving the Offender Twenty four Hours time to prepare his Soul And that no Temporal Government or Jurisdiction shall be assumed kept ☞ or exercised in this Kingdom or within any County or Province thereof during these Troubles other than is before expressed except such Jurisdiction or Government as is or shall be approved by the General Assembly or the Supreme Council And that every body quit the Possessions he hath wrongfully gotten and to avoid Debate that all Estates continue as they were possess'd for Three years last past unless the Title be determin'd or redeem'd and that to avoid all Distinction of Nation any British Papist that was so before this War and will come and reside in Ireland shall be privileg'd in a Third part of the Publick Taxes And that no Distinction or Comparison be made between Nations Provinces or Towns and that all New Converts be esteemed as Catholick Natives and that an Inn of Court be erected here and that Cess and Coyn and Livery be punish'd And no Soldiers shall be paid or relieved by the Country but such as are in the Marshal's List and none to be Billetted but by the Constable And that Free-Schools be erected in every Province And that the King's Revenue and the Enemies Rents be collected and dispos'd of by the Provincial or Supreme Council for His Majesty's Use and Service And that Popish Impropriators may retain their Tythes till that Matter be setled in Parliament And that there be Collectors of Publick Money in every County And that the Popish Wife of an Enemy shall have her Jointure and sue and be sued as if her Husband were naturally dead ☞ And that the Possessions of the Protestant Clergy in Right of the Church shall be deemed the Possessions of the Catholick Clergy And that no Man imprison'd by one Council shall be inlarg'd by another And that no Protection be given to the Enemy or their Servants with-without special Order That Merchants and their Ships be protected in their Importations and that Commissioners be appointed in every Port to view the Arms and Ammunition that shall be imported and to certifie the same to the Supreme Council That Fugitive Soldiers be sent to their respective Commanders That the Estates of Neuters and Enemies do first pay their Debts to any of the Confederates before any of it be put into the Publick Stock and that no Soldier meddle with an Enemies Lands or Goods without Order And lastly That the * * Append. 14. Oath of Association be taken solemnly after Confession and the Sacrament in the Parish-Church and the Names of all Persons of Rank and Quality that take the same to be enroll'd The Assembly did also 25 October order Proclamation to be made to invite all the Adherents of the English of what Nation soever to come from them over to the Confederates by the Last of November and 27 October they ordered a Seal to be made and 28 October they appointed a Committee to inquire how Money and Ammunition come from Foreign Parts hath been disposed of and that Mr. Baron bring in Writing the Propositions and Messages from Foreign Parts to him committed by the Pope's Nuncio and others and 29 October they appoint Auditors of the Account of Moneys received and what hath been made of Protestants Rents Goods or Chattels and that the Enemy be not called Protestants or English but the Puritanical or Malignant Party and 30 October they order That no Man be privileg'd from Contributing to the Maintenance of the Catholick Army On the First of November they appointed the Lords of Castlehaven and Gormanstown Doctor Fennell Colonel Dermond O Bryan Sir Lucas Dillon Sir Phelim O Neal Thomas Burk Richard Martin Feigh O Flin Richard Beling Adam Cusack James mac Donell Patrick Crelly Rory Macguire Patrick Darcy and all the Lawyers to prescribe a Form of Government And 2 November they order Philip Hore to Account for 120 l. received of the Gentry of the County of Dublin to buy Arms And 4 November That the Prelates enjoyn the Priests to administer the * * Append. 14. Oath of Association to every Parishioner and to take his Subscription thereunto And 11 November That the Supreme Council shall manage the Admiralty And 13 November That the next Assembly shall be on the Twentieth of May next unless the Supreme Council find cause to convoke it sooner and that Thirty thousand Pounds be levied on Leinster by
at London you do not advertise us that Succours are coming our Necessities can admit of no delay but will oblige us to think of some other Course The Instructions from the Council were 1. To demonstrate that the Lord Lieutenant and Officers now employ'd being experienced will be more Serviceable to the Preservation and Reduction of Ireland than any others 2. That we prefer the interest of the Crown of England before our particular advantage and therefore rather than our continuance shall hinder Supplies we will surrender but because Patentees cannot leave their Places without His Majesties allowance and are sworn to that effect you must declare that they will resign So as His Majesties Direction be therein obtained and all of them preserved in Persons and Estates and indemnified from publick Engagements and repaid their Disbursements for the publick and be protected for Six Months from private Debts and have Liberty to transport themselves and their Apurtenances where they please And Pursuant hereunto there were two Sets of Proportions delivered to the Agents the first from the Lord Lieutenant only was 1. That he would prosecute the War against the Irish Rebels as vigorously as he shall be thereunto enabled by the Parliament and will faithfully serve the Crown of England therein 2. That neither the Forces he has nor the Forces or Supplies that shall be sent him shall be otherwise employed than according to the Directions of the Parliament of England 3. That he will neither make Cessation or Peace with the Rebels without Consent of King and Parliament of England 4. That he will be oblig'd hereunto by Oath or otherwayes Competent for a Man of Honor and Conscience The other Proposals were from the Lord Lieutenant and Council demanding 1. Three thousand Foot and Five hundred Horse which will make up those here to be Seven thousand fifteen hundred Foot besides Officers and One thousand Horse besides Officers which at three days Pay in a Week amounts to 8258 l. 12 s. od per Month of Twenty eight days and that three Months Pay for them be sent and 1000 l. for Contingencies and Ammunition c. convenient and some spare Arms and Swords 2. That all that have constantly and faithfully served in this War may be preserved in Persons Estates and Employments and the like by those that were for some time forcibly kept by the Rebels but left them as soon as they could and the same of those that went to serve the King in England and the like of so many of the Irish as are accepted of as Adherents to His Majesties Protestant Subjects in this Cause They also wrote to the Speaker of the House of Lords That they were necessitated to make the Peace and the Irish broke it because the British Plantations in Ulster were not subverted And Secondly because Popery was not established in its fulness of Jurisdiction and Practice That Athlone was surpriz'd That they were reduced to Extremity and refer'd themselves to the farther report of their Agents and prayed immediate Assistance Upon the Receipt of these Letters the Parliament of England resolved to send Succours as fast as they could but well knowing that Ormond and his Party were unmoveably fixed in their Loyalty they resolved not to continue him in the Government but to proceed upon the other Overture and to send Commissioners over to receive the Sword and Garisons from him and that being done to settle such a Chief Governour as they should think fit And accordingly they did send over Sir Thomas Wharton Sir Robert King Sir John Clotworthy Sir Robert Meredith and Richard Salway Esquire Who on the 13th day of November arrived in the Bay of Dublin they immediately sent to the Lord Lieutenant that they had matters of importance for the Preservation of the Protestants of Ireland to Communicate to his Excellency and desired his safe Conduct which was accordingly sent them and the next day they Landed and on the 15th they delivered his Excellency a Copy of their Commission and of the Ordinance of Parliament and of their Instructions which were to this Effect To assure the Marquis of Ormond and Earl of Roscomon c. that the Parliament would take the Protestants of Ireland into their Protection and if he would surrender up the Sword and Garisons in four days that then Ormond should enjoy his Estate and have Indemnity from Debts contracted on the publick Accoâ—â—â—s and shall be protected against all Debts for a Twelvemonth that he and his followers may have Passes to go where they please that Ormond should have Two thousand Pound per annum for five years and longer if he cannot receive so much out of his own Estate and that Ormond may live in England if he will submit to all Ordinances of Parliament and that for a Twelvemonth he may live in England and shall not be pressed to any Oath he engaging his Honour not to do any thing disserviceable to the Parliament during that time Then the Lord Lieutenant demanded if by the word Protection it was intended that the Protestants should enjoy their Lives Liberties Estates and Employments without Molestation of the Parliament he also desired to know when the abovesaid four days were to begin and to what Persons and to whose use the Sword and Garisons were to be delivered The Commissioners answer'd They could not explain the word Protection but doubted not but a fair Interpretation would be made thereof That the four days commenc'd 15 November at Nine in the Morning and the Sword and Garisons were to be surrendred to them the Commissioners to the use of the Parliament of England in order to the Preservation of the Protestants of Ireland Ormond repli'd That he could not remit the Safety of the Protestants to the incertainty of a future Interpretation The Commissioners then produc'd an additional Instruction to give such Protestants as they condition withal except such as have been in the Irish Rebellion Assurance of Security to their Persons Estates and Goods in Ireland and that they may live quietly under the Protection of the Parliament submitting to the Ordinances of Parliament and compounding for their English Estates at two years Purchase On the Sixteenth of November the Commissioners offered Assistances of Men and Ammunition for the present Defence of Dublin or Caution they be employ'd to no other use and be restored if the Treaty break off Then Ormond demanded Whether the Protestants that concluded the Cessation or Peace should be interpreted to be in the Irish Rebellion To which the Commissioners answered in the Negative And being farther demanded Whether they expected every protestant should treat for himself or that Ormond's Treaty should suffice for all they answer'd It should serve for all that submitted to the Parliament within twenty days after notice Then Ormond ask'd Whether it was expected they should submit to all Ordinances of Parliament that were or should be made The Commissioners answer'd He saw the Words and they had no
Instruction to explain them Lastly he told them He found no Instruction about continuing Military and Civil Officers They answered They had no Instructions about Civil Officers but they had power and did accordingly intend to employ as many of the Military Officers as should be found fit for the Service On the Seventeenth of November Ormond desir'd their Answer to his Propositions sent into England But the Commissioners answer'd They neither had them nor a Copy of them nor any Instructions about them and therefore they prest for his Excellencies Answer to their Proposals The Marquis repli'd That if they would declare that they had no larger Instructions than those that were shewed he would give a positive Answer But they on the Eighteenth of November desired to be excused from that Discovery Whereupon Ormond demanded Whether they had His Majesties Order for delivering up the Sword and Garisons They answered They had not Then says he Since you bring no Answer to my Propositions Nor Security to any Protestants as you shall Condition withal Nor can inform us what those Ordinances of Parliament are we must submit unto Nor any ways secure such Papists as always adhered to the Government Nor give any Assurance to the Officers Military and Civil for their Continuance Nor take any notice of the Protestant Clergy Nor bring His Majesty's Orders It is not consistent with my Duty to part with so great a Trust in such a manner without the King 's pâ—sitive Command The same day the Commissioners repli'd That all Protestants not having been in the Irish Rebellion should be included in this Treaty and have the full Benefit of the Instructions and that all Ordinances of Parliament shall be construed such as those who have not offended the Parliament do submit to And the Composition for Estates in Ireland shall be in the same manner as is used in England provided it be done within Six Months That they were willing to enlarge his 5000 l. to the Sum he demanded in his Proposition viz. 13877 l. 14 s. 9 d. That they had power of Granting Pensions not exceeding in toto 2000 l. per An. to continue till the persons can receive so much out of their own Estates which they will apply as he thinks fit On the Nineteenth of November Ormond answered That still the Loyal Roman-Catholicks were not secured nor the Civil or Military Officers provided for nor the Clergy considered That the Covenant is enjoyn'd by one of those Ordinances of Parliament That the procuring His Majesty's Directions was the first Article of his Propositions to the Parliament it is the first and fundamental Condition from which he cannot recede in regard of his Oath when he took the Sword and the rather because by surrendring the Government the Irish Parliament will be dissolved which is the greatest and best Security of the Protestants Hereupon the Commissioners desired a Conference and tho' there was but half an hour of the four days expired yet the Marquis consented to a Conference which was to this effect and was the next day by the Commissioners reduced to Writing That Ormond had waved his first Propositions to continue in the Government c. by the Second Overture to Surrender and had notice That the Parliament proceeded upon that second Overture That their Concessions are more ample in some points than his Demands and where they are less or doubtful they will represent it to their Employers in the best manner for his Lordships Satisfaction That as to Loyal Roman-Catholicks the Parliament did not take Cognizance of any such and 't is not probable that their number can be considerable and if they have committed no Crime they need not question their Security That they had power to protect all that would come under Contribution ergo Papists and they will also favourably recommend their Case to the Parliament That as to Civil Officers they have no Instructions about them if they are Offenders they canot expect Security in their politick Capacities but shall have it in Person and Estate As for Military Officers it must be an extraordinary Cause shall displace any of them but it would be of ill Consequence to stipulate their Continuance And that to Clergy and Officers the Pension of 2000 l. per An. should be distributed That there is no Ordinance of Parliament enjoyns taking the Covenant in Ireland nor have they any Orders to suppress the Common-Prayer and impose the Directory That if his Lordship were continued chief Governor he must submit to Ordinances of Parliament That his Lordship's Importunity for Speedy Supplies did not afford time to get the King's Orders That his Letter to the King that he would treat with the Parliament had no Clause desiring an Answer knowing That the necessity and prudence of the Action would oblige the King's Approbation That in his Lordship's Propositions to continue the Government he offered to put all under the Protection of the Parliament without mention of His Majesties Directions And that the King's Orders were not necessary because the Management of the War of Ireland was by Act of Parliament delegated to both Houses That Oxford surrendred without the King's Orders That the Protestant Religion and the Blood of many Thousands of Protestants which are in hazard by breaking this Treaty exceedingly over-ballance the Punctilio of having positive Orders in this Case And that his Lordship's Oath is better observed in concluding than dissolving this Treaty To all this the Lord-Lieutenant replied That the Protestants in general and particularly the Officers and Clergy were concern'd in his Proposals and if the Parliament had proceeded upon his own Propositions of continuing the Government the King's Consent or so much Security or Provision for his Loyal Subjects had not been necessary because it would in a great measure lie in his power to do Right to King and Subject But since they proceeded upon his Second Overture viz. of surrendring the Sword the first Article of that Paper was to obtain the King's Directions and the rest were for the Security of his Loyal Subjects in their Persons Estates and Employments none of which is effected As for the Loyal Papists whose number and Quality are considerable there is no satisfaction given For the Answer that the Parliament took no Cognizance of them is the reason of the Demand and to say That the Innocent need not fear affords but small Security And the Protection given those under Contribution is what is extended to submitting Rebels and is not sufficient for Loyal People that deserve more Countenance and the rather because the rest of their Religion in Ireland have been Faulty That as to Civil Officers There is no manner of Security as to their Employments and to Military Officers not sufficient and the rather because many of them have fought against the Parliament in England and done other disobliging Acts to them That the power of granting a Pension of 2000 l. per An. cannot be applied to Officers
might be raised by desperate uninterested Persons against us or the Civil Government of that City whereunto we had cause to fear some loose People might by false and frivolous Suggestions be too easily instigated And to take away all possibility of suspition from the most jealous that we could have any other end to the prejudice of that City the Guards we proposed were but one hundred Foot and fifty Horse and those to consist entirely of those of your own Religion and such as by having been constantly of your Confederacy are interested in all the benefits of the Articles of Peace To this we received no positive reply but in an uncertain manner were told by the said Aldermen of some Uproar raised by a Fryer in opposition to the desires and intentions of the Mayor and principal Citizens touching our coming thither Whereupon we thought not fit to subject his Majesty's Authority placed in â—s to a possibility of being affronted by a wild Rabble of mean People but rather to expect the issue of more setled Councils Wherein we hope will be taken into consideration not only by what power you were first made a Corporation and by whose protection you have since flourished but also what solid foundation of Safety other than by receiving the Defence we offer is or can be discovered to you by the present Disturbers of your Quiet To conclude We expect your present Answer that in case we be encouraged to proceed in the ways we have laid down of serving the King and preserving that City from the Tyranny of the Rebels we may immediately apply ourself thereunto or failing in our desires therein we may apply ourself and the Forces we have gathered to that purpose to some other Service And so we bid you heartily Farewel From Shanbuolly the 14 of June 1650. To Our very loving Friend the Mayor of the City of Limerick These Your Loving Friend ORMOND But we must leave this rebellious City for a while to attend the Popish Bishop of Clogher who was so considerable a Man and so zealous in the Interests of the Church that by help of the Nuntio Party he expected to be made Generalissimo of all the Confederates and the better to fit himself for it he revived the National Distinction between old and new Irish and thâ—se latter being of English extraction he turn'd out of his Army and left none in but Macs and Oâ—s and then he thought himself so powerful that he gave his Forces the Name and Title of The Confident Victorious Catholick Army of the North Nevertheless on the 20th of May he and all his Officers had published a Declaration to wheedle such of the Scots and British as opposed the Parliament wherein they pretended great Loyalty And that as misconstruction and mistake made the Scots at first to rise against his Majesty who was their own flesh and blood so it was likewise misunderstanding that occasioned the falling out between the Irish and the Scots in the beginning of these Wars and therefore all should be forgotten and all distinctions of Nation and Religion should be postpon'd and sacrificed to his Majesty's interest and service But I suppose few of the Protestants were so simple as to be cajolled with that hypocritical Declaration for though many upon the principles of Loyalty did still continue their desires to serve the King yet they would by no means joyn with those that had purged their Army even of such Papists as were of English extraction And that the Reader may know that Confidence in Ireland is no certain symptom of Success I will make what hast I can to bring this Confident Victorious Catholick Army of the North to their total Defeat at the Battle of Skirfolas It was on the 14th of April that Sir Charles Coot being in the Lagan sent to Collonel Venables then in Claneboy to meet him at the Rendezvouz near Charlemont with what speed he could but the Bishop of Clogher having about the same time surprized Toom and passed over some Horse and Foot into the County of Antrim Venables was countermanded and was ordered to retake the Castle of Toom and Coot at the same time marched into the Barony of Loghinsolin to countenance that Attempt and to keep three Irish Regiments of Foot and five Troops of Horse that were in that Barony so employed that they might not disturb Venables and it succeeded according to expectation for Venables had Toom surrendred to him and Coot got good store of prey and returned to Dungannon but for want of Provisions he was forced to march to Omagh and the Irish Army came to Charlemont so that they were in the middle between Coot and Venables Hereupon Coot after several ineffectual experiments to get the Bishop from his ground or to joyn with Venables was necessitated to pass the River of Loghfoil so that the Bishop ravaged over the whole Country and though he was manfully repulsed at Lemavaddy by Major Dudly Phillips yet he took Dungeven by Storm after a gallant defence made by Lieutenant-Collonel Beresford and had Bally-castle pittifully surrendered to him Nevertheless he was sometimes disturbed by Major King who had three Troops of Horse and three hundred Foot at Inniskilling but that was not so considerable as to hinder the Bishop's resolution of passing over Clody-foard to fall upon Sir Charles Coot's party which he performed with great dexterity and courage but Coot who was aware of this had provided another retreat at Breagdough behind the River that runs into Loghswilly and though the Irish strove hard for that pass yet it was in vain for Coot maintained the pass and by this means Venables had an opportunity to march from Colerain to Derry and thence might ferry over to the Camp The Bishop who was a Man of great parts soon perceived his Error and saw there was no way to remedy it but either to fight or return over the River before Venables could come up and accordingly he put his Army in Battallia and faced the English but Coot who had with him but his own Regiment of Horse and four Troops of Coll. Richard Coot's and 300 Country Horse under Coll. Sanderson and about 2000 Foot had no reason to fight until Venables should arrive however they continued pickeering for many hours and in the evening the Bishop drew towards the pass but being disturbed by Coot's Horse and having lost sixty Men he posted himself at Litterkenny having before sent a party to take in Castle-Doe and to bring in Provisions Whereupon Coot being re-inforced with a 1000 of Venables's Foot wafted over from Derry took advantage of that opportunity and faced the Bishop and resolved to fight Battle of Skirfolas in short it came to a Battle at Skirfolas two mile above Litterkenny on the 21st of June the English being 800 Horse and 3000 Foot and the Irish 4000 Foot and 400 Horse but the ground was so rough that the Horse could do little service on either side
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of council-Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exerâ—â—ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
furious in this matter and so inhumane that he kept one Henry Rice in close Prison six weeks in a Dungeon and kept him waking a very long time in hopes that Severity and Distraction might induce him to accuse the rest of his Acquaintance and when he found they were all acquitted even by a Jury whereof the Foreman was a Papist he was enrag'd and troubl'd to the last degree and died within a week afterwards But on the last of March 1685. the Duke of Ormond came to London leaving the Sword with the Lord Primate and the Earl of Granard who were nominally Lords Justices but the Power was in effect in the Earl of Tyrconnell who was Lieutenant-General of the Army and by his means the English Militia were not only deprived of their Arms and by Proclamation ordered to send them into the Stores but the English in the Army began also to be turned out under the pretence of being Oliverians or the Issue of such But 1678. not long after the Protestants were revived by the arrival of the Earl of Clarendon Lord Lieutenant and Sir Charles Porter Lord Chancellor for tho the Irish did every-where give out That they were both Papists yet they soon became sensible of their error and to their great trouble found that those Lords wanted no other Qualifications but that of Power to make the Protestant Religion and the English Interest flourish in Ireland In short they did all that wise and honest Men could do and were too great a Blessing for that unfortunate Countrey to enjoy long and therefore they were removed in February 1686. to make room for the Earl of Tyrconnell who was then sworn Lord Deputy For tho this Lord being Lieutenant-General did even in the Lord Clarendon's time so model the Army that most part of the English were disbanded yet he met with so many rubs in That and Other of his Designs that he despaired to accomplish his Project or to satisfie his Ambition unless he were Supreme in the Government Tyrconnel having thus gotten the Sword of State into his hands quickly turned the Edge of it upon the poor Protestants who were amaz'd to see him act so openly in such a Despotical and Arbitrary manner for some of his Agents not only disbanded most part of the remaining English but insulted on their Misery by doing it reproachfully and added to their affliction by turning them out far from their Friends and their Habitations and took away the Cloaths of some and the Horses and Arms of others without giving them any proportionable recompence And he also changed the Irish Soldiers so often that tho the Army did not consist of more than seven or eight thousand Men yet five times that number by these frequent Changes were taught the use of their Arms and by this means he had a considerable Militia ready upon all occasions Moreover he issued Quo Waranto's against all the Charters at once and altho that procedure did manifest to the World that it was not the Fault of any one or more Corporations that was endeavour'd to be punish'd or reform'd but that it was a fixed design to Subvert the Corporations and consequently to Model the Parliament and the Laws to the Interest and Humour of the Papists yet being Masters of standing Armies both in England and Ireland they thought themselves sure of their Game and that it would be the more Generous and Brave if they acted publickly and as it were in defiance And therefore they dissembled the Matter no longer but appointed two Popish Judges in every Court that they might be sure of a Majority upon all Occasions they also appointed Popish High-Sheriffs throughout the Kingdom and they put so many Papists into the Commission of Peace the Privy-Council and all Places of Authority that they were able to Rule all where-ever they came And as soon as the Charters were Condemn'd there were new Ones granted for the most part to such inconsiderable and beggarly Fellows as were unable to pay for them so that many were left with the Attorney General in Pawn for his Fees however in all these Charters they put in near one third English most of which were Quakers or other Dissenters but at the same time took care to limit the Power and especially that of chusing Parliament Men so that the English if unanimous should not be able to give them any Impediment But the English being the principal Traders and the most Wealthy Men in Ireland It must necessarily follow that the removal of their Plate and other Effects into England and the general Decay of Trade that ensued upon the Apprehensions they had of these Violent and Irregular Proceedings did diminish the Publick Revenue to a degree of rendring it unable to support the Necessary Expences of the Government this indeed was a sensible Stroak and would have changed all their Measures if any thing less had been in the Bottom than a fixt Resolution to subvert the Established Religion and to introduce Popery and to make Ireland a secure Retreat for those whose designs might perhaps miscarry in England However these rapid Motions of Tyrconnel made such a noise in England as occasion'd that Lord to be sent for over to meet the King at Chester the poor Protestants flattered themselves with hopes of some intervals of Moderation from this Interview but they soon found the fatal Effects of this Conference not only in the Continuation but in the encrease of their Grievances And thus the Irish having to their Advantage in Number gained also the whole Power Military and Civil into their Hands thought themselves in a Condition not only to secure Ireland but also to send over considerable Assistance to carry on THE CAUSE in England and accordingly Tyrconel did send thither about 3000 of his choicest Men. This was the single Action that conduced most to the Preservation of these Kingdoms all other things were but subservient thereunto or at most but concurrent with it for whilst other Grievances did but disoblige a certain Number or a Party the bringing in of the Irish alarm'd every Body and especially the Army so that his Present Majesty Landing not long after met with such easy and speedy Success as amazed the present and will be the Wonder of future Ages Moreover to compleat the aforesaid Number of 3000 Men Tyrconel did very improvidently withdraw the Garison of Londonderry without sending another in its stead as not suspecting the sudden Revolution which afterwards happened nor thinking that Derry would dare to refuse a Garison whenever he should think fit to send them one But it was not long before he saw his Error and having Recruited his Forces he sent a new-rais'd Regiment under the Earl of Antrim to possess themselves of the City of Derry This Regiment Quartering in and about Newton on the 6th of December Collonel George Philips sent one James Boyle to give notice thereof to Londonderry and to advise them to shut their
touching Universities and Inns of Court We humbly conceive that this part of the Proposition savoureth of some desire to become independant upon England or to make aspersion on the Religion and Laws of the Kingdom which can never be truly happy but in the good Unity of both in the true Protestant Religion and in the Laws of England for as for matter of charge such of the Natives that are desirous to breed their Sons for Learning in Divinity can be well content to send them to the Universities of Lovane Doway and other Popish places in foreign Kingdoms and for Civil Law or Physick to Padua and other places which draws great Treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheeply be bred up and become as Learned which course I conceive is holden out of their Pride and Disaffection towards this Kingdom and the true Religion here professed And for the Laws of the Land which are for the Common Law agreable to England and so for the greatest part of the Statutes the Inns of Court in England are sufficient and the Protestants come thither without grudging and that is a means to civilize them after the English Customs to make them familiar and in love with the Language and Nation to preserve Law in the Purity when the Professors of it shall draw from one original Fountain and see the manner of the practice of that in the same great Channel where His Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in that place of their principal Instruction where their Foundations of Learning are to be laid a degenerate Corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any Discipline to be used in Ireland or punishment there to be inflicted for departing from the true Grounds of things which are best preserved in Unity when they grow out of the same Root than if such Universities and Inns of Court as are proposed should be granted all which we humbly submit to your Majesties most pious and prudent Consideration and Judgment 8. Prop. That the Offices and Places of Command Honour Profit and Trust within that Kingdom be conferred upon Roman Catholick Natives in equality and indifferency with your Majesties other Subjects Answ We humbly conceive that the Roman Catholicks Natives of Ireland may have the like Offices and Places as the Roman Catholicks Natives of England have here and not otherwise howbeit we conceive that in the generality they have not deserved so much by their late Rebellion therefore we see not why they should be endowed with any new or farther Capacities or Priviledges than they have by the Laws and Statutes now in force in that Kingdom 9. Prop. That the insupportable Oppression of your Subjects by reason of the Court of Wards and Respit of Homage be taken away and certain Revenue in Lieu thereof setled upon your Majesty without Diminution of your Majesties Profits Answ We know of no Oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for the raising of your Majesties Revenues the preservation of your Majesties Tenures and chiefly the Education of the Gentry in the Protestant Religion and in Civility and Learning and good Manners who otherwise would be brought up in Ignorance and Barbarism their Estates be ruined by their Kindred and Friends and continue their depending upon their Chieftains and Lords to the great prejudice of your Majesties Service and Protestant Subjects and there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be pressed unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerns Respit of Homage We humbly conceive that reasonable that some way may be setled for that if that standeth with your Majesties good Pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Prop. That no Lord not estated in the Kingdom or estated and not resident shall have vote in the said Parliament by proxy or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdom Answ We humbly conceive that in the Year 1641 by the Graces which your Majesty then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limiting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more Proxies than two and prescribing the Peers of that Kingdom not there resident to purchase fitting Proportions of Land in Ireland within five Years from the last of July 1641 or else to lose their Votes till they should make such purchases which purchases by reason of the Troubles hapning in the Kingdom and which have continued for two years and a half have not peradventure yet been made and therefore your Majesty may now be pleased and may take just occasion to enlarge that time for five Years more from the time when that Kingdom may again be setled in a happy firm peace And as to Members of the House of Commons the same is most fit as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom 11. Prop. That an Act be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of it self independant of and not subordinate to the Parliament of England and that the Subjects of Ireland are immediately subject to your Majesty as in right of your Revenue and that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independant and no way to be ordered or concluded by the Parliament of England and are only to be ordered and governed within that Kingdom by your Majesty and such Governours as are or shall be there appointed and by the Parliament of that Kingdom according to the Laws of the Land Answ This Proposition concerns your Majesties High Court of Parliament both of England and Ireland and is beyond our Abilities who are not acquainted with the Records and Presidents of this Nature to give an Answer thereunto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Prop. That the assumed Power or Jurisdiction in the Council Board of determining all Manner of Causes be limited to Matters of State and all Patents Estates and Grants illegally and extrajudicially avoided there or elsewhere be left in State as before and the Parties grieved their Heirs or Assigns till legal Eviction Answ The Council-Table hath always exercised Jurisdiction in some Cases ever since the English Government
whereupon those Grants are founded are to be handled as matters of State and be Heard and Determined by the Lord Lieutenant or other chief Governor or Governors for the time being and the Council publickly at the Council Board and not otherwise but Titles between Party and Party grown after these Patents granted are to be left to the ordinary course of Law and that the Council Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of Possessions of Lands nor make nor use private Orders Hearings or References concerning any such matter nor grant any Injunction or Order for stay of any Suits in any Civil Cause and that parties Grieved for or by reason of any proceedings formerly had there may commence their Suits and prosecute the same in any of His Majesties Courts of Justice or Equity for remedy of their pretended Rights without any restraint or interruption from His Majesty or otherwise by the chief Governor or Governors and Council of this Kingdom 13. It is further Concluded Granted and Agreed by and between the said Parties and His Majesty is further graciously Pleased that as for and concerning one Statue made in this Kingdom in the Eleventh year of the Reign of Queen Elizabeth intituled An Act for staying of Wooll Flocks Tallow and other necessaries within this Realm And one other Statue made in the said Kingdom in the Twelfth year of the said Queen intituled An Act And one other Statute made in the said Kingdom in the Thirteenth year of the Reign of the said late Queen intituled An explanation of the Act made in a Session of this Parliament for staying of Wooll Flocks Tallow and other Warts and Commodities mentioned in the said Act and certain Articles added to the same Act all concerning Staple or Native Commodities of this Kingdom shall be Repealed excepting for Wooll and Wooll Fells and that such indifferent Persons as shall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be Authorized by Commission under the great Seal to Moderate and Ascertain the Rates of Merchandize to be Exported or Importedout of or into this Kingdom as they shall think fit 14. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that care be had that the chief Governor or Governors of this Kingdom for the time being shall not continue in those Places longer than he shall find for the good of his People here and that they shall be Inhibited to make any Purchase other than by Lease for Provision of their Houses during the time of their Government 15. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Oblivion shall be Passed in the next Parliament to extend unto all His Majesty's Subjects of this Kingdom and their Adherents of all Treasons and Offences Capital Criminal and Personal and other Offences of what Nature Kind or Quality soever in such manner as if such Treasons or Offences had never been Committed Perpetrated or Done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers and Assigns of such of the said Subjects and their Adherents who died on or since the 23 th of October 1641. That the said Act do relate to the First Day of the next Parliament That the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Burroughs Counties Baronies Hundreds Towns Villages Tythings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesty's said Subjects or their Adherents or any of them in or since the 23 d. of October 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesty's said Subjects or their Adherents or any of them That in this Act of Oblivion Words of Release Aquittal and Discharge be Inserted That no Person or Persons Bodies Politick or Corporate Counties Cities Burroughs Baronies Hundreds Towns Villages Tythings or any of them within this Kingdom included within the said Act be Troubled Impeached Sued Inquieted or Molested for or by reason of any Offence Matter or Thing whatsoever comprized within the said Act and the said Act shall extend to all Rents Goods and Chattels Taken Detained or grown Due to the Subjects of the one side to the other since the 23 d. of October 1641. to the Date of these Articles and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were Due or did or should Accrue to his Majesty on before or since the 23 d. of October 1641. until the perfection of these Articles and likewise to all Mesne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to His Majesty since the said 23 d. of October and before until this present for by reason or which lay within the Survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to Discharge or Remit any of the Kings Debts or Subsides Due before the said 23 d. of October 1641. which were then or before Levyed or Taken by Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to Publick use of the said Roman Catholick Subjects but that such Persons may be brought to account for the same after full settlement in Parliament and not before provided that such Barbarous and inhuman Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them as to the Actors and Procurers thereof be left to be Tried and Adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them and that the Power of the said Commissioners shall continue only for Two Years next ensuing the Date of these present Articles Provided also that the Commissioners to be Agreed on for Tryal of the said particular Crimes to be Excepted shall Hear Order and Determine all cases of Trust where Relief may or ought in Equity to be afforded against all manner of Persons according to the Equity and Circumstances of every such Case And His Majesty's Chief Governor or Governors and other Governors and Magistrates for the time being and all His Majesty's Courts of Justice and other His Majesty's Officers of what Condition or Quality soever be Bound and Required to
agreed by and between the said Parties and his Majesty is graciously pleased that for the preservation of the Peace and Tranquility of the Kingdom That the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall for the present agree upon such persons who are to be authorised by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer and Goal delivery in the several Counties and parts of Counties within the now Quarters of the Confederate Catholicks with such power as Justices of the Peace Oyer and Teminer and Goal delivery in former times of Peace have usually had which is not to extend unto any Crime or Offence committed before the Fifteenth of September 1643. And to be qualified with Power to Hear and Determine all Civil Causes coming before them not exceeding Ten Pounds provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any Person or Persons for any Cattle or Goods heretofore taken by either Party from the other contrary to the Articles of Cessations but that the same shall be left to be determined in such way as by these Articles is already prescribed which Commissioners are to continue till settlement by Parliament Si tam diu se bene gesserint and if any who shall be so intrusted shall misbehave himself in the execution of such trust within that time that then such other person or persons shall be appointed in his or their place as shall be agreed on by His Majesties Chief Governour or Governors for the time being by the Advice and Consent of the said Persons so to be intrusted or any Five or more of them and the said Commissioners are to make their Estreats as accustomed in time of Peace and shall take the ensuing Oath Viz. You shall Swear that as Justice of the Peace Oyer and Terminer and Goal delivery in the Counties of A. B. C. in all Articles of the Kings Commission to you directed you shall do equal right to the Poor and to the Rich after your Cunning Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Council of any Quarrel hanging before you and the Issues Fines and Amerciaments which shall happen to be made and all Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezeling and truly send to the Kings Exchequer You shall not let for gift or other cause but well and truly you shall do your Office of Justice of the Peace Oyer and Terminer and Gaol delivery in that behalf and that you take nothing for your Office of Justice of the Peace Oyer and Terminer and Gaol delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the King's Officers or Ministers or other indifferent Persons to do Execution thereof So help you God And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of 〈◊〉 Articles this Clause shall be inserted viz. That all 〈…〉 and Marshal shall be required to be â—iding and assisting 〈…〉 the said Commissioners and other persons to be Authoriâ—â—◠〈…〉 the execution of their respective Powers 27. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That none of the now Roman Catholick Party shall from henceforth untill there be a Settlement by Parliament Sue Implead or Arrest or be sued Impleaded 〈…〉 in any Court Place Judicature or Tribunal or before 〈…〉 Justice or Commissioner whatsoever other than 〈…〉 Commissioners aforesaid or in the several Corporations or other Judicatures within the now Quarters of the said Confederate Catholicks as hath or have Power derived from his Majesty 28. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that his Majesties Confederate Catholick Subjects do continue the possession of such of His Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be Commanded Ruled and Governed in chief by such as his Majesty or his chief Governor or Governors of this Kingdom for the time being shall Appoint and his Majesty his chief Governor or Governors of this Kingdom as aforesaid is to issue Commissions and appoint such Person and Persons as shall be named by his Majesties chief Governour of Governours for the time being by and with the Advice and Consent of the said Lord Viscount Mountgarret c. or any Five or more of them for the execution of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of Death or Misbehaviour such other Person or Persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so die or misbehave themselves as the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the rest of the above mentioned Parties to be authorised as aforesaid or any Five or more of them shall think fit and to be continued until settlement in Parliament as aforesaid 29. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that all Customs belonging to his Majesty which from the perfection of these present Articles shall fall due within this Kingdom shall be payed into his Majesties Receit and to his use any Request Clause or Demand in the Act of Oblivion or in any other former Propositions to the contrary notwithstanding Provided thet alliance very Person and Persons who are at the present intrusted within the now Quarters of the Confederate Catholicks by them the said Confederate Catholicks in the Entries Receits Collections or otherwise concerning the said Customs do continue their respective Imployments in the same until full settlement in Parliament other than as to such and so many of them as to the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the other Persons to be authorised as aforesaid or any Five or more of them shall be thought fit to be altered And then in such case or in case of Death or Misbehaviour or other alteration of any such Person or Persons such other Person or Persons to be imployed as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of
Titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Counsel-Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suits in any civil cause and that parties grieved for or by reason of any proceedings formerly had there may commence their suits and prosecute the same in any of his Majesties Courts of Justice or Equity for Remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the chief Governour or Governours and Council of this Kingdom and that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructious and that they shall contain themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietness as they be not necessarily enforced to exceed the same 14. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdom in the eleventh year of the Reign of Queen Elizabeth intituled led an Act for staying of Wool Flocks Tallow and other necessaries within this Realm and another Statute made in the said Kingdom in the twelfth year of the Reign of the said Queen intituled an Act c. And one other Statute made in the said Kingdom in the 13 year of the Reign of the said late Queen intituled an Exemplanation of the Act made in a Session of this Parliament for the staying of Wool Flocks Tallow and other wares and commodities mentioned in the said Act and certain Articles added to the same Act all concerning staple or native Commodities of this Kingdom shall be repealed if it shall be so thought fit in the Parliament excepting for Wool and Woolfels and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon Esq c. or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdom as they shall think fit 15. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdom pretending to have suffered by Offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdom in or since the first of King James his Reign or by Attainders or Forfeitures or by pretence and colour thereof since the said first year of King James or by other Acts depending on the said Offices attainders and forfeitures may petition his Majesty in Parliament for relief and redress and if after examination it shall appear to his Majesty the said persons or any of them have been injured then his Majesty will prescribe a course to repair the person or persons so suffering according to Justice and Honour 16. Item It is further concluded accorded and agreed upon by and between tht said parties and his Majesty is graciously pleased that as to the particular Cases of Maurice Lord Viscount de Rupe and Fermoy c. they may petition his Majesty in the next Parliament whereupon his Majesty will take such consideration of them as shall be just and fit 17. Item It is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Cork Towns of Youghal and Dungarven shall be forthwith upon perfection of these Articles restored to their respective possessions and estates in the said City and Towns respectively where the same extends not to the endangering of the said Garrisons in the said City and Towns In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annual Rent for the same until settlement in Parliament ☞ at which time they shall be restored to those their possessions And it is further agreed and his Majesty is graciously pleased That the said Citizens Free-men Burgesses and Inhabitants of the said City of Cork and Towns of Youghal and Dungarven respectively shall be enabled in convenient time before the next Parliament to be hold in this Kingdom to chuse and return Burgesses into the same Parliament 18. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of Oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their Adherents of all Treasons and Offences capital criminal and personal and other Offences of what nature kind or quality soever in such manner as if those Treasons or Offences had never been committed perpertrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers or Assigns of such of the said Subjects and their Adherents who died on before or since the 23d of Octob. 1641. That the said Act do relate to the first day of the next Parliament that the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Boroughs Counties Baronies Hundreds Towns Villages Tithings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesties said Subjects or their Adherents or any of them before in or since the 23d of Octob. 1641. Provided this Act shall not extend to be construed to pardon any Offence or Offences for which any person or persons have been convicted or attainted of Record at any time before the 23d of Octob. in the year of our Lord 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of release acquittal and discharge be inserted that no person or persons Bodies politick or Corporate Counties Cities Burroughs Baronnies Hundreds Towns Villages Tithings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprised within the said Act and the said Act shall extend to all Rents Goods and Chattels taken detained or grown due to the Subjects of the one party from the other
directions which shall issue to any such County for the applotting subdividing and levying of the said publick Assessements some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to levy the arrears of all excises and other publick taxes imposed by the Confederate Roman Catholicks and yet unpaid and to call Receivers and other Accomptants of all former taxes and all publick dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon c. or any seven or more of them for letting setting and improving the Estates of all such person or persons as shall adhere to any party opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publick use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and part of the Counties now within the Quarters and only upon the Estates of the said Confederate Roman Catholicks all such sum and sums of mony as shall appear to the said Thomas Lord Viscount Dillon c. or any seven or more of them to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the conconclusion of these Artieles and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the Arrears of all former applotments Taxes and other publick dues yet unpaid and that the said Thomas Lord Viscount Dillon c. or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon c. or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make several and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon c. or any seven or more of them be delivered unto his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon c. or any seven or more of therâ—s shall have power to call the Councel and Congregation and the respective supream Councels and Commissioners General appointed hitherto from time to time by the said Confederate Roman Catholicks to manage their publick affairs and all other persons accountable to an account for all their Receipts and Disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer Assises and Goal Delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goal delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattle or Goods heretofore taken by either party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman Catholick party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit to the end that speedy and equal Justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall swear that as Justice of the Peace Oyer and Terminer Assizes and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed You shall do equal right to the Poor and to the Rich after your Cunning and Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Councel of any quarrel hanging before you and the Issues Fines and Amercements which shall happen to be made and all