Election and had a Freehold of forty Shillings per annum the Town of Drogheda excepted was repealed and in lieu of it this Parliament enacts I. That Electors in Counties must have Freehold worth forty Shilling per annum ultra reprizas on pain of one hundred Shillings and that the elected in Counties Cities or Towns must be resident and the Sheriff shall forfeit one hundred Pound if he makes a Return contrary to this Act and the Party one hundred Pound more II. That on the Death Absence or Resignation of the chief Governour the Chancellor shall issue Writs to all the Privy-Counsellors in the Counties of Dublin Meath Louth Kildare Kilkenny Typerary Wexford Waterford Cork Kerry and Limerick and they being assembled shall chuse a Lay-man of English Birth to be chief Governour during the King's Pleasure and if no such Man fit for the Place can be got then the Council shall chuse two Lay Persons of English Blood and sirname to be Lords Justices to whom the Lord Chancellor shall administer the Oath and give Patents Note this Statute recites That the former Act already mentioned 10 Hen. 7. That in these Cases the Lord Treasurer should be chief Governour was repealed 13 Hen. 7. although the Roll be lost but whether it be so or not is not worth the Enquiry III. An Act touching mispleading and Jeofailes IV. That although all Estates are forfeitable for Treason yet because several of the Nobility lately created and others whom the King designs to enoble are very ignorant in the Knowledg of the Duty of a Subject they are the Words of the Act to the end they may not pretend Ignorance it is enacted That if any Person confederate with the King's Rebels against his Majesty or attempt any wilful War or Invasion against his Subjects or do transgress their Allegiance in any treasonable manner or do break their voluntary Pacts or Covenants made at the time of the King's Grant that then being convict thereof they shall forfeit all the Benefit and Effect of the King's Patents and for the time to come there shall be a conditional Clause inserted into every Patent to that effect V. An Act for the suppression of Kilmainham and other Religious Houses And in a 3d Session of this Parliament held at Dublin on Monday next after the Feast of All saints anno Dom. 1542 and 34 Hen. 8. it was enacted First That Meath be divided into two Shires viz. Meath and West Meath Secondly That Persons bound by Recognisance to appear in any Court shall be excused if they are in the King's Service and if their Recognisance be estreated they shall be discharged by Writ giving a new Bond for their Appearance at another Day And at another Session of this Parliament at Dublin the seventeenth Day of April 1543 it was enacted That the Castle and Mannor of Dungarvan should be united to the Crown And although all these Acts were Seasonable and very Good for that time yet there was not any one of them was of more Advantage to the Crown or that pleased the King better than that of making him King of Ireland for though it is manifest as the Act mentions that the Kings of England did always enjoy Regal Authority and Jurisdiction in Ireland under the Stile and Name of Lords yet the Irish did not pay that Reverence to the Name of Lord as they did to the Name of King or at least those that were traiterously disposed did make use of the distinction between Lord King Ware 161. to deceive and inveigle the Common People as hath been already related And therefore it being believed That this Statute would suppress and silence all those trifling Objections and Pretences there was exceeding Joy at the Publication of it in Dublin which was performed with great Solemnity at S. Patrick's Church in the presence of the Lord Deputy the Earls of Ormond and Desmond and others of the Nobility in their Parliament Robes and several of the Bishops and Clergy and the same Day a General Pardon was given to all Criminals and after much Feasting and Drinking and other Expressions of Joy the Ceremony was concluded with Bonfires And because some of these Laws were not practicable in Munster which was not so much inured to Civility as the Pale and those Countries near Dublin and where the use of the Laws of England except in some Cities and Towns where it was also much corrupted had been discontinued for almost two hundred Years The Lord Deputy and Counsel in magno Parliamento did publish certain temporary Constitutions Pro reformatione inhabitantium hujus Regni in partibus Momoniae qui nondum sic sapiunt Leges Jura ut secundum ea jam immediate vivere aut Regi possunt and they were notified to the Subject by way of Proclamation the twelfth of July 1542 and were as followeth 1. That King Henry be received and called King of Ireland 2. That Bishops may exercise their Jurisdiction in their Diocess according to the Law of God and the Canons 3. That Laymen nor Boys be not admitted to Ecclesiastical Preferments and that such as be in already shall be immediately deprived 4. That the Demesnes of Bishops and the Gleabs of Rectors and Vicars not exceeding ten Marks per annum be exempt and priviledged from Taxes 5. That all those who have Dignities or Benefices Ecclesiastical shall take Orders and Reside 6. That a General Peace be proclaimed throughout Munster and afterwards he that commits Murder or Robbery shall be fined forty Pound half to the King and half to the Lord of the Fee 7. That Larceny above the value of fourteen Pence shall be punished with the loss of one Ear the first time and tother Ear the second time and the third time with Death 8. No Horseman shall keep more Garsons or Boys than Horses on pain of twenty Shillings 9. That every Father shall answer for his Children Master for his Servants Gentleman for his Followers and Brother for his Brethren under his Tuition and shall give in a List of them 10. That every Kerne that has not a Master that will answer for him be taken as a Vagabond 11. That there be no more Exactions to maintain Horse or Foot or Kernes or to war against one another and that no more Coyne or Livery be taken but by the Deputies Order at a General Hosting 12. That nevertheless the Captain of the County must have the usual Contribution of the Country for the Publick and his own private Defence 13. That Petty Larceny be punished by a Fine of three Pound six Shilling and eight Pence whereof forty Shillings shall be paid to the Captain or Lord of the County and twenty Shillings to the Tanist si non est particeps criminis and six Shillings and eight Pence to the Informer 14. That no Man buy Goods above the Value of five Shillings from any suspected Person at his Peril if they prove to be stolen 15. Depopulatores
more than 50. There were a great many Projects in England for the Plantation of Ulster 1610. but many things that seem'd speclous in the Theory were afterwards found disadvantageous or impracticable Sir Francis Bacon's Notion was signified by his Letter to the King and is to be found in his Reâ—â—scitatio pag. 255. but it is not so exact as rest of that Great Man's Works However the Lands designed for the Undertakers were this Year disposed to them and two Books of Articles were printed for their better direction and it was particularly mention'd in their Agreements That they should not suffer any Labourer that would not take the Oath of Supremacy to dwell upon their Lands But the incomparable City of London was the Soul and Life of the intended Plantation and therefore the Lords of the Council in his Majesty's behalf entred into Articles with that City the Twenty eighth day of January 1609. to this effect First That Twenty thousand Pounds be levied by the City Fifteen thousand Pounds of it to be expended in the Plantation and Five thousand Pounds in clearing and buying Private Titles Secondly That Two hundred Houses be built at Derry and room for Three hundred more and Four thousand Acres profitable Land to be laid thereto and that the Bishop and Dean shall have convenient Plots for their Houses Thirdly That a hundred Houses be erected in Colerain and room for Two hundred more and Three thousand Acres to be annexed thereto and the King to maintain a Bridge for ever Fourthly That the whole County of Colerain be cleared by the City from all Claims except three or Four Irish Free-holders and the Bishop and Dean of Derry and the City to have the whole Territories of Glancanken and Killetragh and the Patronage of Churches Fifthly That the aforesaid Four thousand and three thousand Acres pay a Fee-farm Rent of Fifty three Shillings and four Pence and be held in Free Burgage and all the rest in Common Socage Sixthly That the City shall have all Customs Tonnage Poundage c. for Ninety nine Years at Six shillings eight pence per Ann. and the Fishing of the Ban and Laghfoyl as far as it ebbs Seventhly The City to have liberty to transport Prohibited Goods growing on their own Lands and the Office of Admiralty in the Counties of Tyrconell and Colerain Eighthly That no Flax Hemp Yarn or Raw Hides be transported from Derry or Colerain without Licence of the City-Officers Ninthly That their Land be freed from all Patents of Privilege and all Compositions and Taxes Tenthly That they have the Castle of Culmore keeping a Ward in it Eleventhly That the Liberties of each Town shall extend three Miles each way and shall have such farther Liberties as shall be thought fit on view of the Charters of London Cinque-Ports Newcastle and Dublin Lastly That the King shall keep necessary Forces a convenient time and that the City shall have Seven years to make demand of any thing reasonable and necessary which cannot be now foreseen and that an Act of Parliament shall pass to ratifie these Articles and the City to build sixty Houses in Derry and forty in Colerain with sufficient Fortifications by November next and to finish all by November 1611. But afterwards on the Twenty eighth of March 1611. the Londoners finding that they could not possibly accomplish their Undertaking within the appointed time petitioned the King that they might be permitted to proceed in their Buildings at Colerain and leave alone Derry till the next Year which was granted provided they would finish Colerain that Summer and fortifie or rather inclose Derry It seems the King and Council of England resolved to proceed effectually to the Reformation of Ireland by making Laws and by putting those that were made in execution and by putting that Kingdom under a regular and methodical Government and in order to it on the twenty fourth day of June 1611. the Lord Carew was sent Commissioner to Ireland to inspect Affairs there and to endeavor to lessen the Publick Charge and to inhance the King's Revenue and to provide for a Parliament He had Five Pounds a day allow'd him from the twentieth of May and Four hundred Pounds Imprest he received in England and was to sign next to the Deputy all Orders of Council-board And tho' the Lord Deputy complain'd that the Forts of Halbowling Castle-ni-park Duncannon Gallway and the Castle of Limrick were not finish'd and repair'd and that the Londoners did not proceed to build at Derry tho' they did at Colerain and that it was necessary to keep a considerable Force in the Kingdom nevertheless the Lord Carew and Council did proceed to lessen the King's Charge 13893 l. by reforming the Army which they reduc'd to 176 Horse 1450 Foot and 123 Warders contrary to the Deputy's Opinion who was therefore traduc'd as partial to Military Men and it seems that immediately the Fort of Castle-ni-park that is the Stone-work of it was built and afterwards a Blockhouse was also erected down lower and almost level with the Water and they also setled the Customs in all parts of the Realm On the thirteenth of July 161â— the former Proclamation of the fourth of July 1605. against Titular Bishops Jesuits Friars c. was reviv'd but so faintly executed that I find mention only of the Titular Bishop of Down and four Friars to have been apprehended thereupon There were also Orders issued to tender the Oath of Supremacy to all Magistrates Justices of the Peace and other Officers and to displace those that would not take it And in August there was an Inquisition by Jury to discover the Breaches of Articles made by the Planters and Undertakers in Munster and particularly Whether any Irish contrary to the Plantation-Covenants were permitted to inhabit or dwell on the Lands granted to the Undertakers Moreover there was a general Muster of the Signiory-men or English Inhabitants on the Plantation-Lands at which no body was found so well supplied with British Tenants as Sir Richard Boyle afterwards Earl of Cork for there were mustered of his own Tenants at Tallow Eighty Horsemen One hundred eighty six Pikemen Two hundred and fifty Shot and Six Halberdiers It is observed That all the Goods and Merchandizes exported and imported this Year did not exceed the Value of 211000 l. and before this time there was so little Foreign-Trade that Seven Years Customs probably from the beginning of the King's Reign to April 1609. did amount to no more in the several Ports than as followeth viz. Â l. s. d. Seven Years Customs in Wexford 36 08 10 Ross 53 10 09 Drogheda 215 02 08 Carigfergus 399 06 07 Youghall 70 00 00 Kingsale 18 02 03 Derry Ballyshanon 35 03 10 Cork 255 11 07 Dingle 01 06 06 Waterford 716 03 07 Dublin 1890 02 01 Dundalk 65 19 06 Gallway 72 17 06 Limrick 141 09 06 Dungarvan 00 13 11 But it seems that this was only the Custom of Prohibited Goods and the
through disability occasioned by the distempers of those Times the considerations of Equity to be alike unto both Parties 25. It is Concluded Accorded and Agreed by and between the said Parties and His Majesty is graciously pleased that the said Richard Lord Viscount Mountgarret c. shall be immediately upon conclusion of these Articles Authorized by Act of State to proceed in Hear Determine and Execute within the Cities corporate Towns Counties and parts of Counties now or late within the Quarters of the said confederate Catholicks the ensuing particulars and all matters thereupon depending and that the said Act of State and other the Authorities hereafter mentioned shall remain of Force without Revocation Alteration or Dimunition until Acts of Parliament be passed according to the Purport and Intent of these present Articles only in case of Death of any of the said Persons so to be Authorized the Lord Lieutenat or other Chief Governor or Governors of this Kingdom for the time being shall by the Advice and Consent of the Persons so to be Authorized then Living or any Five or more of them name others in the place of such who shall be so Dead and the Persons so to be named to be Authorized as the former and that the Persons to be Authorized as aforesaid or any Five or more of them be permitted without interruption to Applot Raise and Levy Means with Indifferency and Equality upon all His Majesties Roman Catholick Subjects of this Kingdom for the Raising Clothing and bringing to Sea-Ports and Maintaining there until they be Shipped Ten thousand Men promised by the confederate Catholicks of this Kingdom to assist His Majesty and to Levy the Arrears of all Excises and other Publick Taxes already Imposed by them and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and Publick Dues to a just and strict Accompt either by themselves or by such as they or any Five or more of them shall Name and Appoint And that the said Persons to be Authorized as aforesaid or any Five or more of them shall have power to Applot Raise and Levy means with Indifferency and Equality by way of Excises otherwise in the several Cities Corporate Towns Conties and parts of Counties now within the Quarters of the said Confederate Catholicks towards the maintenance of such Army or Armies as shall be thought fit to continue and be in Pay for the defence of the Kingdom and towards the maintenace of all the Forts Castles and Garrisons within both or either of the now Quarters of either Party other than such of the said Garrisons Forts and Castles as from time to time until there be a settlement in Parliament shall be thought fit by His Majesty's chief Governor or Governors of this Kingdom for the time being by and with the Advice and Consent of the said Persons so to be Authorized or any Five or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lieutenant or other chief Governors for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of Levying thereof and that he approve the same and that the Persons to be Authorized as aforesaid or any Five or more of them shall be Authorized to appoint Receivers Collectors and all other Officers for such Monies as shall be so Assessed and for the Arrears of all former Applotments Taxes and other Publick Dues yet unpaid and that the Persons so to be Authorized or any Five or more of them in case of Refractoriness or Delinquency may Distrain and Imprison and cause such Delinquents to be Distrained or Imprisoned and that the profits of the Estates within the now Quarters of the confederate Catholicks of such as shall adhere to the Parliament and not submit to the Peace be accompted as Publick Dues and be converted to the maintenance of the Kings Army and that the said Persons to be Authorized as aforesaid or any Five 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 entertaining of Frigats in such proportion and manner as shall be thought fit by His Majesties Lieutenant or other chief Governor or Governors for the time being by and with the Advice and Consent of the said Richard Lord Viscount Mountgarret c. or any Five 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 by the said Lord Lieutenant and the said Persons to be authorised as aforesaid or any Five or more of them and to be issued and the said Frigats to be employed by the Lord Lieutenant or other chief Governor or Governors for the time being for the safety of the Kingdom by the advice and consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them and that the said Persons so to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excises or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters and upon the Estates of the said Confederate Catholicks all such Sum and Sums as shall appear unto the said Persons to be authorised as aforesaid or any Five or more of them to be really due for and in discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the Conclusion of these Articles and that the said Persons to be authorised as aforesaid or any Five 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 parts of Counties now within the Quarters of the said Confederate Catholicks as well for the Persons to be authorised as aforesaid and also for such other Person and Persons as shall be imployed in publick Affairs within the several Cities Corporate Towns Counties and parts of Counties within the now Quarters of the said Confederate Catholicks from time to time until a settlement by Parliament and that the said Persons to be authorised as aforesaid or any Five or more of them make perfect Books of all such Monies as shall be Applotted Raised and Levied out of which Books they are to make several and respective Abstracts to be delivered unto their Hands or the Hands of any Five or more of them to the several and respective Collectors who shall be appointed to Levy and Receive the same and that a duplicate of the said Books under the Hands of the said Persons to be authorised as aforesaid be delivered unto his Majesties Lieutenant or other chief Governor or Govenors for the time being whereby a perfect accompt might be given 26. It is further concluded accorded and
the common sort are not only capable but also very apt to learn any thing that is taught them so that I do impute the Ignorance and Barbarity of the Irish meerly to their evil Customs which are so exceeding bad Davis 150. that as Sir John Davys says Whoever use them must needs be Rebels to all good Government and destroy the Commonwealth wherein they live and bring Barbarism and Desolation upon the Richest and most fruitful Land in the World But the Irish Capacities are not to be questioned at this Day since they have managed their Affairs with that dexterity and Courage that they have gotten the whole Kingdom of Ireland into their Possession and by wheedling some and frightning others they have expelled the Body of the English out of that Island However let us not be dismaid for they are but the same People our Ancestors have so often triumphed over and although they are not to be so contemned but that we may expect they will make one good Effort for their Estates and Religion yet we may still depend upon it That their Nature is still the same and not to be so changed but that they will again vail their Bonnets to a victorious English Army AN EPITOME OF S R WILLIAM PETTY'S LARGE SURVEY OF IRELAND Divided into its 4 Provinces 32 Counties and the Counties into Their Several Barronies wherein are Distinguished y e Archbishopricks Bishopricks Citty 's Places that Return Parliament Men. also the Roads Bogs and Bridges By Phillip Lea At the Atlas and Hercules in Cheapside near Fryday Street LONDON The History of IRELAND From The Conquest Thereof By the ENGLISH to this Time By RICHARD COX Esq r Printed For JOSEPH WATTS at y e Angell in S t Pauls Church Yard THE REIGN OF Henry Plantagenet FITZ-EMPRESS Conqueror and Lord of IRELAND HENRY the Second of that Name King of England a Brave and Powerful Prince ambitious of Glory and the Enlargment of his Empire cast his Eye upon Ireland as a Country most easie to subdue and of great Advantage to him when conquered There were not wanting some Learned Men who affirmed The King had very fair Pretences if not good Title to that Island Speed 472. for besides the Conquests which the Kings Arthur and Edgar had formerly made there Spencer's view 33. they alledged That it was by Leave of the British King Gurgunâ—â—s Campion 26 28. and under Stipulations of Tribute that the Irish were first permitted to settle themselves in that Kingdom Besides the first Inhabitants of Ireland were Britains and those People which the Irish Historians call Fir-bolg and Tuah de Danan i. e. Vir Belgus i. e. Populus Dannonius were no other than the Belga and Dannonit Ancient Inhabitants of England To which might be added That Bayon from whence the Irish pretend to come Lib. P. Lambeth 153. was part of the Kings Dominion So that either Way his Majesty was their natural Prince and Sovereign But however that were yet the King had 〈◊〉 cause of War against the Irish because of the Pyracies and Outrages they daily committed against his Subjects and the barbarous Cruelties they exercised on the English whensoever they fell into their Power buying and selling them as Slaves and using Turkish Tyranny over their Bodies Speed 473. so that the Irish themselves afterwards confessed That it was just their Land should be transfer'd to the Nation they had so cruelly handled Wherefore the King as well to revenge those Injuries as to recover that Kingdom put on a Resolution to invade it But first it was necessary to consult the Pope in that Matter because he pretended no less than three Titles to Ireland First the Universal Patent of Pascâ— Oves which by their Interpretation was Synonimous to Rege Mundum Lib. P. Lambeth 48. Secondly the Donation of Constantine the Great whereby the Holy See was entituled to all the Islands of the Ocean Thirdly The Concession of the Irish Ibid. 154. on their Conversion to Christianity by which they granted the Temporal Dominion of their Country unto S. Peter's Chair And tho' the Answers to these Frivolous Pretences were easie and obvious viz. to the First That whatsoever Spiritual Jurisdiction was given by those Words yet our Saviour's Kingdom not being of this World it is certain no Temporal Dominion is granted thereby And to the Second That Constantine had never any Right or Possession in Ireland and therefore could not give to another what he had not himself And to the Third That the Allegation is false and the Popes had never any Temporal Dominion in Ireland but the same remain'd under their own Native Kings and Monarchs But this Forgery is yet more manifest Because the Irish were not converted by any Emissaries from Rome as appears by the Ancient Difference between the Churches of Ireland and Rome in some Baptismal Rites and the Time of celebrating the Feast of Easter Nevertheless the Pope's Licence in those Superstitious Times would create Reputation especially with the Clergy and his Benediction would as they fancied facilitate their Success and therefore it was thought fit That the King should send his Embassador John Salisbury to the Pope 1156. Sullevan 59. who was by Birth an Englishman and by Name Adrian IV. And how fond soever the Holy See doth now pretend to be of Ireland since the English Government and Industry have rendred it considerable 't is certain the Pope so little regarded it at that time when he received but small Obedience and less Profit from it that he was easily prevailed with to issue the following Bull. ADrian the Bishop Hanmer 107. the Servant of the Servants of God to his most dear Son in Christ the Noble King of England sendeth greeting and Apostolick Benediction Your Magnificence hath been very careful and studious how you might enlarge the Church of God here in Earth and encrease the Number of his Saints and Elect in Heaven in that as a good Catholick King you have and do by all means labour and travel to enlarge and increase God's Church by teaching the Ignorant People the True and Christian Religion and in abolishing and rooting up the Weeds of Sin and Wickedness And wherein you have and do crave for your better Furtherance the Help of the Apostolick See wherein more speedily and discreetly you proceed the better Success we hope God will send for all they which of a fervent Zeal and Love in Religion do begin and enterprize any such thing shall no doubt in the End have a Good and Prosperous Success And as for Ireland and all other Islands where Christ is known and the Christian Religion received it is out of all doubt and your Excellency well knoweth they do all appertain and belong to the Right of S. Peter and of the Church of Rome and we are so much the more ready desirous and willing to sow the acceptable Seed of God's Word because we know
to defend the Realm against the Scots was sent for to England and Sir Theobald de Verdon was made Lord Constable or Justice of Ireland Prin 259. 31 Dec. 1314. In whose time the King sent John de Hothum Clerk into Ireland to treat with the great Men there about the Kings Affairs and by him sent Writs in the Nature of Letters of Credence to Richard Earl of Vlster and all the rest of the Nobility by Name and a general Writ or Letter to the Lord Justice and the great Officers of State to the same effect Ibid. 260. and another Writ to assist him and to summon the Nobility to a general Meeting that Hothum might communicate the Kings Pleasure unto them He also sent Writs to the Lord Justice the Earl of Vlster and several other great Men to attend his Parliament in England and to appoint a sufficient Deputy or Keeper of Ireland till their Return Prin 261. And because the Words Vestrumque Concilium impensuri are omitted Mr. Prin observes rightly that these Irish Lords went as Commissioners or Agents from Ireland to inform the King and Parliament of the state of Affairs there and did not go to serve in Parliament as my Lord Cooke would have it 4 Inst 350. I do not find whether the Lord Justice went or not nor if he did what Deputy or Keeper of Ireland was appointed in his room but whoever had it did not keep the Office long for on the 27th of Febr. Sir Edmond Butler Frag. 5. 1315. Lord Justice returned and soon after viz. on the 25th of May 1315 Edward Bruce and six thousand Scots Landed near Carigfergus in Vlster with them joyned several of the Irish and together they marcht to Dundalk which they took and burnt on the 29th of June they also spoil'd Vrgile and drove most of the English out of Vlster To oppose them an Army was rais'd which rendezvouz'd at Dundalk July 22. But whether it were that the Scots were retired or that the English Commanders could not agree the Lord Justice return'd to Dublin and left the Earl of Vlster to pursue the Scots with whom that Earl had a Battel near Colrain Camb. 169. on the 10th of September and was defeated and many of the English slain and William Burk John Stanton and others were taken Prisoners This great Loss could not be recompensed with the slaughter of forty Scots which was performed by some English Mariners and therefore Bruce to follow his Blow caused his Army to besiege Carigfergus Septem 15. and sends his Brother William Bruce into Scotland for a Supply 1315. In the mean time the Irish every where insult over the unfortunate English and generally rebel throughout Vlster and Connaught they burnt Athloan October and Randan and Cathol Roe O Connor razed three Castles of the Earl of Vlster's in Connaught In November following the English under Roger Mortimer 1315. had another Battel with the Scots at Kenlis in Meath and were routed with great Slaughter by the Treachery of the Lacies Hereupon Bruce burnt Kenlis Granard Finagh and Newcastle and came to Loghsendy where he kept his Christmas and afterwards also burnt it thence he marched through the County of Kildare unto Rathingan Kildare Castle-Dermond Athy Raban and Sketheris where the Lord Justice accompanied by the Lord John Fitz-Thomas and many others encountred him on the 26th of January and was defeated by reason of some unhappy Fewds and Misunderstandings in the English Army Hereupon the Irish of Munster and Leinster rose in Rebellion and the Birns Tools and Moors burnt the Countrey from Arclow to Leix but the Lord Justice gave them a Rebuke and brought fourscore of their Heads to the Castle of Dublin Ireland being in so tottering a condition the King sent Sir John Hotham over again to take the Oaths and Hostages of the Nobility and Gentry that still remained loyal which was accordingly performed by the Lord John Fitz-Thomas afterwards Earl of Kildare Cambd. 171. Richard de Clare Maurice afterwards Earl of Desmond Thomas Fitz-John Poer Arnold le Poer Febr. 4. Maurice Rochford David and Miles de la Roch and many others 1315. And now both Armies were early abroad The Scots having burnt the Castle and Church of Ley did on the 14th of February rendezvouz at Geashil as the English did the same day at Kildare But the Scots for want of Provision were forced to return to Vlster nevertheless in their way they took Northburgh Castle and then sate down in their Quarters to that degree of quietness that Bruce kept Court and held Pleas there as if it were in times of the most profound Peace For the English Army had work enough nearer home and therefore the Lord Justice on the Scots retreat did likewise return to Dublin and there summoned a Parliament or general Assembly which reconciled some great Men then at odds cleared Walter Lacy of the Treachery imputed to him and established the Measures of carrying on the War And it was wisely done to begin with the Moroughs Tools and other Mountaineers of the County of Wicklow because they daily infested the City of Dublin and had destroyed both the Town and Country of Wicklow and because the Army was not strong enough to secure the City and at the same time to pursue the Scots 1316. the Success justified their Conduct for in April the Tories were defeated However the Scots were not so much neglected but that the Lord Thomas Mandevil was appointed to have an eye to them but he could but skirmish with them which he did valiantly Camb. 172. and kill'd Thirty Scots in one Encounter and was himself slain in another But Bruce came over with fresh Supplies from Scotland and so despised the small force of the English that in May he caused himself to be Crowned King at Dundalk 1316. and thereupon grew so insolent that he spared neither Churches nor Abbeys Women or Children found no Mercy at his hands but on the contrary he destroyed all that opposed him or that belonged to the English and he burnt great part of the Countrey as the Irish did the Church of Athird It was high time to encourage the English to their defence and the defence of the Kingdom and therefore as well to reward for Services past 1316. as to engage them for the time to come Selden 838. says Kildare's Patent is the ancientest Form of Creation he had seen the Lord Justice was made Earl of Carrick and John Fitz-Thomas was made Earl of Kildare May 14. 9 Ed. 2. and others received other Favours from the King The Burks and Geraldines were reconciled and every one in his station set himself manfully to the preservation of the Kingdom Richard de Clare and Bremingham had the better of the Irish in Connaught and slew many of them and about Whitsontide made a Sally into Munster and kill'd three hundred Irish there and the
Pound six Shillings and eight Pence per annum Lib. G. and obtained an Order from the King and Council That all those who had Lands in Ireland should repair thither or send sufficient Men in their Room to defend the Country on Pain of forfeiting their Estates Nevertheless this Lord Justice was so far from subduing the Irish that he confessed he could never get access to know their Countries or Habitations and yet he had spent more time in the Service of Ireland than any Englishman then living So finding he could do no good he resigned to James Earl of Ormond July 24. 1376 Lord Justice In whose time the Counties Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom and not to the English Parliament as some have mistaken it Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor requiring them to levy the reasonable Expences of these Commissioners from the respective Places that chose them by Writ under the great Seal of Ireland And accordingly John Draper who served for Cork had a particular Mandate to the Mayor and Bayliffs of that City to pay him his reasonable Expences as aforesaid It will not be unuseful to recite this Lord Justice his Commission because the Reader will thereby perceive what Authority he had and will also note the Difference between this brief Commission and the prolix Forms that are now used REX omnibus ad quos Ibid. c. Salutem Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler Comiti de Ormond officium Justic nostr Hibern Terram nostram Hibern cum Castris aliis pertinentiis suis custodiend quamdiu nobis placuerit percipiend per ann ad Scac. nostrum Hibern quamdiu in Officio illo sic steterit quingent libras pro quibus Officium illud terram custodiet erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta c. But by a subsequent Patent the sixth of August he had Power to Pardon all Offences generally or to particular Persons and by consent of the Council to remove or displace any Officer those made by Patent under the great Seal only excepted Ibid. 307. And by another Writ of the same date the former Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life Member Lands or Goods And the same time Alexander Bishop of Ossory was made Treasurer of Ireland and a Guard of six Men at Arms and twelve Archers at the King's Pay allowed him I have seen a Copy of a Commission to Maurice Fitz-Thomas Lib. G. 13. Earl of Kildare to govern Ireland till Sir William Windsor's return it bore date the sixteenth of February 50 Edw. 3. and Stephen Bishop of Meath was appointed to oversee Munster but because I find no other mention of his being in the Government about this time I have therefore omitted to name him as Lord Justice And so we are come to the twenty first Day of June 1377. 1377. on which Day this victorious King died at Shene in Surry in the sixty fourth Year of his Age and of his Reign the one and fiftieth Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum though the Medium be taken from the best seven Years of his Reign THE REIGN OF RICARD II. King of England c. And LORD of IRELAND RICHARD the Second only Son of Edward commonly called the Black Prince Eldest Son of King Edward the Third was by his Grandfather declared to be his Heir and lawful Successor and accordingly succeeded him in the Throne on the 21st of June and was Crowned at Westminster the 16th of July following 1377. His tender Age being but eleven years old required a Protector and because it seemed dangerous to commit that great Authority and Power to a single Person it was given to the Kings Unkles the Duke of Lancaster and the Earl of Cambridge and others who thought fit to continue in the Government of Ireland James Earl of Ormond Lord Justice he kept the Kingdom in as good order as those dangerous and troublesom Times would admit of Baker 141. for both the French and the Scots took advantage of the Kings Infancy to disquiet his Dominions but especially the Realm of England This Lord Justice according to the Usage in those days held Pleas of the Crown Lib. G. Lambeth and Gaol-delivery at the Naas on Monday after Valentines Day 1378. and not long after surrendred to Alexander Balscot Bishop of Ossory Lord Justice who continued in the Government until November following Lib. G. and then gave place to John de Bromwick 1379. Lord Justice in whose time Beauchamp Earl of Warwick was by the Parliament of England made sole Protector of the King and Kingdom And then was made that first Act or Ordinance against Absentees Lib. M. Lambeth 138. by the Assent and Advice of the Lords and Nobles of England Davis 38. 199 being in Parliament Whereby it is Ordained That all that have Lands 4th Instit. 356 360. Rents or Offices in Ireland shall return thither but if they have reasonable cause to absent that then they shall send sufficient Deputies to defend their Castles and Estates or contribute two Thirds of the yearly value towards the defence thereof but that Students and those in the Kings Service and those absent for reasonable Cause by Licence under the Great Seal of England shall be excused for one Third of the yearly Profit of their Estates This Act was confirmed afterwards Lib. F. 19 Edw. 4. and by vertue hereof the Mannor of Ballymaclo in Meath was seiz'd into the Kings Hands for the absence of William de Carew but was the next year restor'd to him on his Petition Prin 308. Septemb. 27. 1380. And it is to be remembred That this Act was occasioned by a Petition from Ireland and that it is mentioned in the Body of the Act that the Loss of Ireland would be a Disinherison to the King and his Crown of England Ibid. At the same Parliament at Westminster there was another Irish Petition for Mine and Coigne which I take to be a Liberty to dig Mines and a Mint to coyn Money For the Kings Answer is That for six years to come every one may dig in his own Grounds for any Mineral whatsoever even Gold and Silver paying the Ninth part thereof to the King and sending the rest to the Kings Mint at Divelin for the Coynage of which they shall pay the usual Rates but must transport none to any place except England on pain of forseiting it if it be seized or the Value if he be convict of it unless the Party had special Licence under the Great Seal of
and a few Volunteers and some Sea-men came to the Deputy and were very kindly received and the Disloyalty of the City was remembred at another time In Clonmel the Lord Deputy was nobly Treated in the Town-House which he requited by a most excellent Speech in commendation of Loyalty and thence marched to Cashil and in his March took a Castle held by Sir Edmond Butler and restored it to one Cantrel who was the right Owner 1569. and so he came to Cork where he found four hundred Soldiers newly arrived out of England under the Command of the Captains Shute and Ward as by his Letters to England he had desired From Cork the Lord Deputy made a step into Kirricurry and took the Castle of Carigoline and afterwards he marched into Orrery and took Butâ—ivant and so designed for Kilmallock but James Fitz-Morrice got there before him and took the Town by the help of scaling Ladders and finding that he could not keep it he burnt and destroyed as much of it as he could However the Lord Deputy marched thither and having given all the Encouragement that he could to repair and reedifie Kilmallock he setled a Garrison there of an hundred Horse four hundred Foot and some Kern under Colonel Gilbert who was made Governor or Colonel of Munster and so having taken the Oaths and Hostages of the Lords Roch Courcy Decyes Power and of Sir Cormock Mac Teige and many other Gentlemen and Freeholders of the Counties of Cork and Limerick he marched directly to the City of Limerick The Earl of Ormond came to the Lord Deputy at or near Limerick and brought with him his Brother Sir Edmond Butler who in the open Camp submitted to Mercy acknowledging his Follies and craving Pardon and thereupon he was set at Liberty upon the Earl's Recognisance for his appearance at Dublin and accordingly he did appear there on the sixteenth day of October together with Pierce Butler another Brother of the Earl's and both of them were indicted of High Treason However it seems that Pierce was afterwards bailed but Sir Edmond being a Cholerick Man did reflect upon the Lord Deputy and attributed all to his Partiality and alledged that the Lord Deputy did threaten him and would do him no Justice and vented many more such passionate expressions and therefore had not the favour of being bailed but was committed close Prisoner to the Castle of Dublin from whence in a very short time after he made a strange and hazardous escape by the help of a small Rope which broke within three yards of the ground and so bruised him that he could not go far so that he was forced to stay all that cold Winter-Night up to the Chin in the Water to prevent his Discovery However about three Months after viz. on the last of February the Earl of Ormond did again bring Sir Edmond and the rest of his Brothers before the Lord Deputy and Council at Dublin and there after a short Commitment and humble Submissions they were all pardoned for the sake of the Earl and perhaps by special Orders from the Queen who by the Mother was related to this Noble Family Cambd. Eliz. 138. and used to boast of the untainted Loyalty of the House of Ormond In the mean time Colonel Gilbert behaved himself so well in Munster that the Earl of Glencar and his Follower Mac Donogh were forced to come to him and to submit on their Knees craving Pardon for what was past and offering Hostages for their future Behaviour and afterwards that Earl came to Dublin to a subsequent Session of the Parliament and in the Presence-Chamber and in Christ-Church made most Pathetical Submissions on their 〈◊〉 and were Pardoned but the Collonel Gilbert being 〈◊〉 his good Service Knighted at Drogheda the first of January 1569 got leave to go to England and there he 〈…〉 a rich Widow and was not long afterwards drowned and thereupon Sir John Penott was Lord President of Munster In Leinster Sir Peter Carew had reduced the Cavenaghs to that low Condition that they were forced to submit to Mercy simply and without Stipulation and in Connaught Sir Edward Fitton by valour in the Field and severe Justice in the Courts did so quail the stubborn Hearts of the Rebels that his Province had but very little disturbance except what was given by the Earl of Thomond who could not brook the Severity of the President it seems he complained to the Lord Deputy before he entred into Rebellion for on the twenty third of April 1570. Lib. H. the Earl of Ormond was sent to treat with him but that Treaty proving ineffectual there ensued a smart Battle or rather Skirmish wherein the Earl of Thomond was worsted Contra Barkers Chron. 343. and Cambd. and thereupon he fled into France where he met with the English Ambassador Norris by whose means the Earl was pardoned Eliz. 153. and afterwards proved a very good Subject and did considerable Services to his Queen and Country Turlogh Lynogh whom I have already mentioned to have assumed the Name of O Neal was about this time shot in the Belly with two Bullets out of a Caliver by one of the Doniloghs who was a kind of a Jester he was at Supper with his Wife Aunt to the Earl of Argile when he received this Misfortune and though the Wound proved not to be Mortal yet it was so near it that the Auxiliary Scots began to think of deserting him 1570. and his own Country were in Factions about the choice of a new O Neal Lib. H. however he at length recovered and made an attempt to invade the Pale but the Scots dispersed for want of Pay so that O Neal was glad to treat with Justice Dowdall and the Dean of Armagh the Queens Commissioners and they came to an Agreement in O Neal's Camp at Dungannon on the twentieth day of January Lib. H. which was afterwards ratified by the Lord Deputy on the thirteenth day of March. On the eleventh of February the O Feralls or Ferells surrendred their Interest in the Annaly or County of Longford and took part of it back again at the Yearly Rent of an Hundred Marks c. The publick Expence for three Years viz. From Michaelmass 1565 to Michaelmass 1568 paid out of the Exchequer amounted unto Eighty eight Thousand nine Hundred thirty eight Pounds nine Shillings and eleven Pence whereof I suppose at least one half was remitted from England and yet the Lord Deputy was so Industrious in the Collection of the Revenue that he got twelve Hundred Pound of Hugh O Donell for the Arrears of Rent due for many Years past and the Queen was so intent on the Reformation and settlement of Ireland that she sent over Robert Leeth a Surveyor about the Year 1568 to make a true Survey and an exact Map of that Kingdom But Pope Pius the Fifth having by his Bull of the fifth of March 1569. Cambd. Eliz. 146. â—ulminated
Villages 1577. and yet by help of his Intelligence which was very good he made a shift to escape the diligent Pursuit that was made after him by 〈◊〉 Captains Harrington and Coâ—by One day a Parly being appointed between them on 〈◊〉 Oaths the perfidious Rebel seiz'd upon Harrington and Cosby handâ—asted them together and made them 〈◊〉 after him 〈◊〉 a couple of 〈◊〉 through Woods and Boggâ— in continual fear of Death at length an Agreement was almost concluded when Robert Harpool Constable of Carâ—â—â— accompanied by Lieuâ— Parker and fifty Men having good intelligence went to the Place where Rory Oge 〈◊〉 Rory surprized with the Noise and suspecting the worst went to his Prisoners Harrington and Cosby and gave them many Wounds and cut off Cosby's little â—inger but being in the dark and in haste it so hapned that none of the Wounds were mortal 〈…〉 English having entred the House I released Harrington and Cosby and killed all the rest◠〈◊〉 Rory Oge and one more escaped in the dark and could not be found Soon after Rory Oge assembled all his strength together and came to 〈◊〉 early in the Morning burnt some Houses and 〈…〉 him and killed seventeen of his best Men and Rory himself hardly escaped In the mean time the Lord Deputy 〈◊〉 to the 〈◊〉 and thither came to him 〈…〉 and renewed his former Subâ—ission he brought with him to the Town four hundred Pound in Money and thought it much to his Glory that he and his Followers spent 〈…〉 three days time and so having received some small Presents from the Deputy he returned joyfully 〈◊〉 In December the Deputy 〈◊〉 into the Kingâ— County and took Pledge◠〈…〉 held Sessions at Kilkenny where several 〈…〉 the City and Country were discovered to be 〈…〉 Popish â—uries would not find the Indictments although the Parties confessed the 〈◊〉 some of them were bound by Recognizance to appear at the Castle Chamber in Dublin to answer that 〈◊〉 To Kilkenny came the 〈◊〉 President 〈◊〉 to complain 〈◊〉 Desmond kept 〈…〉 which oppressed the Country and 〈…〉 President The Deputy 〈◊〉 for Desmond and 〈◊〉 immediately came and excused his not coming to the President because he was his 〈◊〉 Enemy but the Lord Deputy so manag'd it that they were reconciled and the 〈◊〉 promised due Obedience And so cunningly did that 〈◊〉 dissemble that he sent the Lord President word of the Arrival of a 〈…〉 with many French and Irish Men 〈…〉 and Munster in 〈…〉 In the Month of December 〈…〉 Son whereupon great and cruel 〈…〉 ensue between 〈…〉 at length their Controversies were referr'd to the Deputy About the same time some of the 〈◊〉 Followers were suspected to be 〈…〉 sent for to be 〈…〉 to surrender them 〈…〉 to be tried but also joyned with the rest of the Lords and Free-holders of Connaughâ— to settle a certain annual Rent amounting to about eighteen hundred Pounds 〈◊〉 by way of Composition Morison 3. and in lieu of all other Services But we must return again to that indefatigable Rebel Rory Oge who sent a Spy to inâ—â—â— Fitz-Patrick Lord of Upper Ossory 1578. the Messenger personating a Friend told that Lord That Rory Oge had taken a Prey from the County of Kilkenny which might easily be recovered and Rory himself taken Fitz-Patrick prepares for the Enterprize but wisely suspecting the worst made his Party as strong as he could and being come to the Place he sent thirty Men into the Wood to search for the Tories and himself and the rest of his Party kept on the Plain Rory Oge with about thirty appeared leaving the rest in Ambush and being proud and conceited thought with his Presence to frightâ—n Fitz-Patrick's Keins but he found them more valiant for they fought stoutly and amongst the rest slew Rory-Oge himself on the last day of June 1578. And though the Deputy offered the valiant Baron the thousand Marks due by Proclamation for Rory's Head yet he would take but one hundred Pounds thereof to be divided amongst his Men. In the mean time Philip King of Spain being vexed at the Aid which Queen Elizabeth under-hand gave to the Hollanders Cambd. Eliz. 230. resolved to requite her with the like secret Assistance to the Irish and the holy Father Gregory the Thirteenth partly to propagate Religion and partly to obtain that Kingdom of Ireland for his Son James Buon Campagno whom he had made Marquess of Vinâ—ola was willing to contribute to the Charge of the Irish Rebellion Wherefore they confederated and agreed to joyn Forces and Councils and to send Aid to Ireland under the Command of Stukely an English Fugitive who by his extravagant Boasting had raised the Pope's expectation to the greatest height wherefore to qualifie him for so high a Command Stukely was made Marquess of Leinster Earl of Wexford and Catherlogh Viscount Murrough and Baron of Ross and furnished with eight hundred Soldiers with which he set Sail from Civita Vecchia and arrived in Portugal Sebastian King of Portugal was at that time intent on his Wars in Africk and promised Stukely that if he would attend him into Mauritania that then he would immediately after the Africk War accompany Stukely to Ireland The Irish General agrees and to Africk they go where they were killed in the famous Battel wherein three Kings are said to be slain The Viscount Baltinglass whose real trouble was Religion and the Cess pretends great Oppression from Marshal Malby and his Soldiers one Night they lay at Baltinglass when they went against Rory Oge the Viscount made a formal Complaint to the Deputy and did the like to the Queen by Letters sent to the Earl of Ormond and communicated to her Whereupon her Majesty gave strict Order to examine the Matter and it was sound that Malby at coming to Baltinglass had made Proclamation against Oppression and at parting thence made Proclamation for those to come in for reparation that had any cause 〈◊〉 Complaint and so this Matter ended to the Disgrace of the Viscount In Vister Mac Mahon had committed a barbarous Murder on the Son and Heir of Maâ—genis and therefore at Maâ—genis his Complaint and Request the Deputy marched into Mac Mahon's Country and burnt and destroyed it And so this good Lord Deputy having been eleven years and seven several times Chief Governor of Ireland leaves that unfortunate Country in greater Quiet than ever it had been in before having first caused the Irish Statutes to be Printed and the Records to be put in good Method and Order he beautified the Castle of Dublin anno 1571 repaired Aâ—henry built the Bridge of Athlona which opened a Passage into Connaught he began to wall Oarrig fâ—rgus he built a Gaol at Molingar and in his time the Revenue was increased eleven thousand Pounds but finding all these Services under valued he laboured to be 〈◊〉 and had Orders of the twentieth of March to return but they were superâ—eded by Letters of the nineteenth of
what little jealousie he had of it was seasonably imparted to the Lords Justices by the Letter mentioned Page 65. as his surprize at that unexpected Rebellion is expressed in his Letter to the Earl of Ormond recited Appendix 49. The next thing in Dispute The Sixth Question is The Number of those that were Massacred which Sir William Petty computes not to exceed 37000 Not the twentieth part of what is reported says the Earl of Castlehaven not exceeding some hundreds says P. W. not above 400 says the Author of the Settlement and Sale of Ireland not above 4000 says R. S. in his Collection of Murders To which I answer That by Depositions upon Oath it does appear that many thousands of British were murdered and many more came to untimely Deaths by the Cruelty of the Irish and this is an undeniable way of Arguing That all the British that did not escape did perish by that Rebellion and though the Difficulty still remains to ascertain the number of those that escaped yet it is certain they could not be half of what were in the Kingdom because the Towns that were left for their Refuge were not capable to Receive or Entertain so great a number and even those that did escape to Towns did perish in heaps by reason of the ill usage they had received from the Irish And indeed Sir W. Petty does allow this method of Calculation but his mistake is occasioned by leaving out an Item that I conceive should have been added and that is the number of those born in Ireland and transported thither out of England and Scotland during the interval between 1641. and 1652. for his Compution runs thus British in Ireland anno 1641. 266550 British alive anno 1652. 150000 Ergo there perished in the War but 116550 Whereof one Third in the first Year of the Rebellion and the rest from thenceforward But he should have added That in those ten Years from 1641. to 1652. there were born in Ireland and there came thither out of England and Scotland in all about 300000 Souls and he should have added a proportion of that number to the other and then he had been near the Computation which other Judicious Men have made in that matter But others well knowing that the greatest part of the British that were in Ireland did really perish in the first year of that Rebellion do deny that there was any such Number there as is pretended to have been Massacred and one of them is so vain to say That the Irish were a hundred to one But whoever considers that the British Plantations in Munster had been setled forty years before and that of Vlster almost thirty years that half the Kingdom was the Propriety of Protestants that there were no less than 100000 Scots as the Earl of Strafford affirmed upon his Tryal that the Earl of Cork alone had above 10000 Protestant Souls upon his Estate that all the Officers of State War and Justice and most of the Mechanicks were British will find no Grounds for that Objection However I will not pretend to determine the Number but this I will say That it was great enough to draw the Curse of God and the Revenge of Man upon the infamous Authors of that Massacre as it afterwards did The next Objection is The Seventh Question That the Rebellion was not General but was begun by a few desperate Persons in the North and therefore the Popish Members of Parliament did readily agree to a Protestation against it Review 31. in a Session of Parliament on the 16th of November Quidam nobiles in Vltonia conspirant says Mr. Beling Page 2. To which I answer That the beginning of all Rebellions is by a few or at least there do but few appear in them at first but never any Rebellion in the world increased faster or became more General than this whereby it is manifest that the Design and Conspiracy was Universal and so Rory Macguire told his Brother-in-Law Colonel Awdly Mervin on the 27th of October That all Ireland was by that time in their hands and those that are Ingenious of that Party do confess it to be so P. W. Pref. to Remonstrance 12. their own Procurator P. W. does acknowledge That it was an Vniversal Rebellion and that all the Irish Papists a very few excepted P. W. Letters 54. that it was the National Sin of the whole Catholick Party by Participation were concerned in it O Reylye's Wife said The Lords of the Pale were the Ringleaders and Colonel Planket affirmed That all the Popish Lords had contracted before-hand and Patrick O Bryan testified the same upon Oath and named the Lord of Gormanstown particularly The Lord Macguire confessed That those of the Pale were privy to the Plotting of the Rebellion and Macmahon declared That all the Popish Lords and Gentlemen in Ireland were Engaged in the Plot and that twenty out of every County were to be detached for the Surprize of the Castle of Dublin There was not one County shall I say a Catholici intra Dublinium numero hereticis superiores paratissimi erant ad Vrbis deditionem concurrere vindiciae eversae 91. Temple 46. City in the Kingdom exempt from the Rebellion and in the Province of Vlster only there were 30000 Irish-men in the Rebellion by the 5th of November and I must do Father Ponce the Right to acknowledge That he is more just than to shelter his Party under this pitiful and false Subterfuge and therefore he frankly confesseth That they were all in the b Faedus initur ab omnibus vindiciae eversae 6. Conspiracy and that not the Great Men only but the c Non proceres modo sea eujusâ—bet conditionis per universum Râ—gnâ—m Cathoâ—â—â— Catholicks of all Conditions throughout the whole Kingdom were concerned And certainly it is Incumbent upon these Advocates to shew that those whom they would clear from this Rebellion did publish any Protest or Manifesto against it or d As the Marquis of Clanâ—ickard and some few others did fight against the Rebels or assist the Assaulted English but on the contrary it is manifest by the Decrees of the Assembly That they would suffer no Neuters amongst them But what need any more to be said than that a few could not have perpetrated the Murders and Robberies they have committed The Irish were not so stout nor the British so tame to be served so by a few It appears by Dr. Jones his Examination that the Conspirators at Multifernam computed their Number to be 200000 Men and the Event shewed they had no less but I will close all with the Expression of the Congregation at Kilkenny in May 1642. viz. There is the Vnanimous Consent and Agreement of almost the whole Kingdom in this War and Vnion And the saying of the King to the Protestant Agents at Oxford Anno 1644. when they offered to prove that it was a General Conspiracy and Rebellion
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
Drink as the People can afford IV. That laying of any Burthen upon Our Subjects for Payment of Soldiers be forborn except in Cases of inevitable necessity V. Concerning the Grant for selling of Aquavitae and Wine in regard it is complained of as a great Burthen to the Country without any Profit to Us We are pleased that the Patentee or his Assigns shall be restrained from all Proceedings whatsoever to the Charge or Vexation of any of Our Subjects for or concerning that Grant until the Assembling of the next Parliament and that it be taken into consideration by the Houses of Parliament and regulated as may best agree with the Ease and Convenience of the Commonwealth and the advancing of Our Profit in the Subsidies VI. For the Licensing to sell Ale and Beer forasmuch as it appears that the same hath no Ground of Law That the Grant thereof shall be presently resum'd into our Hands and that all Proceedings thereupon shall cease until the next Parliament and that in the Parliament such Course be laid down for Licensing and Selling of Beer and Ale from that time forwards as shall be most convenient Wherein Consideration must be taken that a Profit in the Subsidies may thereby be advanced and in the mean time no Process or Warrant to Issue to the Charge or Trouble of any Our Subjects touching that Grant VII That the late Proclamation of the First of February last concerning the Fees of the Clerk of the Market and all other Fees mentioned in the said Proclamation shall be suspended until further Order And because there appears nothing here but that the Grant of the Clerk of the Market and Gauger complained of is lawful only there is question of the Fees That Our Chancellor two Chief Justices Master of the Rolls and Chief Baron there taking to their Assistance Two or more of the Principal Gentlemen of the Country shall regulate the Fees to be taken by those Officers according to the Law And for the Measure of the Cask to be exported into any Foreign Parts you Our Deputy and Council are to take it into your Consideration and upon Conference with the Officers of Our Customs and the Merchants such as you shall think fit to call before you to limit them to such a certain Gage for the same as shall be most advantagious to the Merchants in their Traffique without prejudice to Us in Our Customs leaving the Gage of Cask that shall be vented within the Land to be ruled by the Standard there And in regard it is alledged That the Packers Office is not ancient nor grounded upon Law We require you and Our Council to take Consideration thereof and to set down such Orders as may take away the Abuses VIII For Reforming of the barbarous Abuse of the Short Ploughs We are pleased that the Penalty now imposed thereon shall be presently taken away and that hereafter an Act of Parliament shall pass for restraining of the said Abuse upon such a Penalty as shall be thought fit IX That all Grants for Places assigned for Tanning of Leather by Sir Henry Sidney according to the Statute 1â— Eliz. enacted in Ireland shall stand good and also all other Grants or Licences past in Fee-simple or Fee-farm under Our Great Seal for Tanning of Leather in Cities Corporations Towns Mannors or other particular Places shall likewise stand good But that all Grants or Licensing concerning Tanning of Leather throughout Counties Baronies or Hundreds past or to be past to any particular Person for Life Years or otherwise by pretence whereof any Licence or Toleration is or may be made by the said particular Person or Persons to any the Inhabitants of the said Counties Baronies or Hundreds shall be called in and suppressed And to supply any Defect that may be for want of Liberty to Tan Leather in convenient Places We require and authorize you Our Deputy and Council for the time being to pass Letters Patents under Our Great Seal there for Tanning of Leather in Places where you shall think convenient without payment of any Fine with a Clause of Non obstante of the Statute aforesaid And in the next Parliament We are pleased that a further Course shall be taken therein and likewise for the Inhibiting of the Barking of Trees X. And for the furtherance of Traffick and bringing in of Coin into that Our Kingdom We are graciously pleased that Corn may be transported without License into any of Our Dominions and other Countries in Amity with Us when Wheat shall not exceed the price of Ten Shillings English a Bristol-band Barrel and likewise That Living Cattel may be brought into Our Dominions without Restraint or Licence and that Wooll also may be transported provided that it be into Our Kingdom of England only and paying the Ordinary Customs and Duties In which Three last Particulars We require you to take Order by Act of State or otherwise as shall be most expedient XI The Patent for Linen Yarn shall be resumed to the end the whole Profit may come to Us and Our Crown as well that which the Patentee doth receive as that which We now have And the Patentee shall receive such Recompence as We think fit and Our Subjects also shall be secured for so much as concerneth the Transportation of the said Linen Yarn and consequently not to be compelled to take Licence Nevertheless it is Our Pleasure That the Patentee continue his Grant and receive the Profit as hitherto he hath done until he be Compounded with and receive Recompence for it XII We are graciously pleased That Tallow and Hides and Fish Beef and Pork in Cask may be freely transported into Our Dominions and all other States in Amity with Us and that all such Pipe-staves as are already made may be transported into any of Our Dominions paying the Customs and Duties XIII The Bishops and Patentees of Dissolved Abbies and other Religious Houses in or near Cities and Towns of Ireland pretending Liberties and Freedom are to contribute towards the Lodging of Soldiers and to bear such other Publick Charges according to indifferent Assessment to be made and laid upon them by the Sheriffs and other Magistrates of Counties and Cities and the proper Officers of those Places And to that purpose you are to publish a General Order to avoid any Dissension that may arise thereout and for other Matters they are to be left to the Law And if any unjust Charge in what kind soever shall be laid on any of Our Subjects of that Our Kingdom they shall have Access unto Us and gracious Hearing XIV Creation-Money for the Nobility is to continue according to the Letters Patents thereof and the Impost-Wines is likewise to be continued to such of the Nobility and Council as shall reside or bear Principal Offices in that Kingdom And the Two Presidents of Munster and Conaught are to enjoy the same although they be absent because they keep Tables for their several Councils XV. The Subjects of
thousand five hundred Pounds yet for the better furthering of the Service we desire Ten thousand Pounds if it may stand with your Convenience 6. That their Pay which was condescended unto from the Eighth of December be presently advanced to the Eighth of February next against which time we are confident they shall be ready to march 7. That a Man of Wâ—r or some Mâ—rchants Ships be sent from Bristol Westchester or Dublin to 〈◊〉 for a Safe Convoy and Guard of the Passage because they 〈…〉 Boats may be subject to Inconveniences from the Enemy 〈…〉 we hear are towards that Coast 8. That the sending 〈…〉 thâ—se Men be without prejudice to the Proceeding of the Treaty which we desire may go on without any delay Westm 24. Jan. 1641. JA. PRYMROSE Which Proposals were approved of by Both Houses but the King disliked the Third Article as appears by His Answer viz. His Majesty having perused and considered these Eight Propositions presented by the Scots Commissioners doth willingly consent to them all except only the Third which His Majesty doth not approve and wisheth the Houses to take that Article again into Consideration as a Business of very great Importance which His Majesty doubts may be prejudicial to the Crown of England and the Service intended And if the Houses desire it His Majesty shall not be unwilling to speak with the Scots Commissioners to see what Satisfaction he can give them therein And the next day they waited upon him and told him That since it was only Matter of Trust that was in debate they hoped that he who was their Native King would not shew less Confidence in them than the English Nation had done Whereupon His Majesty consented rather than the necessary Supplies for Ireland should be delay'd And on the Fourteenth of February a Committee of Both Houses went with a Message to the Spanish Ambassador to this effect That the Parliament were informed Husbands 79. That some Vessels in Dunkirk laden with Arms and Ammunition were designed for Ireland and that if they or any such Ships were suffered to go thence it should be interpreted a Breach of the Peace between England and Spain To which the Ambassador answered That he would be careful to continue the League between both Crowns and did assure them that those Ships were not bound for Ireland And on the same Fourteenth day of February His Majesty sent a Message to Both Houses in which are these Words For Ireland in behalf of which His Majesty's Heart bleeds as His Majesty hath concurred with all Propositions made for that Service by His Parliament so He is resolved to leave nothing undone for their Relief which shall fall within His possible Power nor will refuse to venture His own Person in that War if His Parliament shall think it convenient for the Reduction of that miserable Kingdom And in the same Month the Parliament knowing that the Sale of the Rebels forfeited Estates was the best way to prevent future Rebellions by English Plantations in Ireland and to raise Money for suppressing of this did vote as followeth viz. THe Lords and Commons taking into their serious Considerations Husbands 84. as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience as also the great Sums of Money that the Commons of this Realm have of late paid for the Publick and Necessary Affairs of the Kingdom whereof the Lords and Commons are very sensible and desirous to embrace all good and honorable Ways tending to His Majesty's Greatness and Profit the Setling of that Realm and the Ease of His Majesty's Subjects of England And whereas divers Worthy and Well-affected Persons perceiving that many Millions of Acres of the Rebels Lands of that Kingdom which go under the name of Profitable Lands will be confiscate and to be disposed of and that in case Two Millions and a half of those Acres equally taken out of the Four Provinces of that Kingdom may be allotted for the Satisfaction of such Persons as shall disburse any Sums Money for the Reducing of the Rebels there it would effectually accomplish the same have made these Propositions ensuing 1. That Two Millions and a half of those Acres may be assigned allotted and divided amongst them after this Proportion viz. For each Adventurer of 200 l. 1000 Acres in Ulster 300 l. 1000 Acres in Conaught 450 l. 1000 Acres in Munster 600 l. 1000 Acres in Leinster all according to English Measure and consisting of Meadow Arable and profitable Pasture the Bogs Woods and barren Mountains being cast in over and above These two Millions and a half of Acres to be holden in free and common Soccage of the King as of his Castle of Dublin 2. That out of those two Millions and a half of Acres a constant Rent shall be reserved to the Crown of England after this Proportion viz. Out of each Acre thereof in Ulster 1 d. Conaught 1 ob Munster 2 q. Leinster 3 3. That for the erecting of Mannors settling of Waste and Commons maintaining of Preaching Ministers creating of Corporations and regulating of the several Plantations one or more Commissions be hereafter granted by Authority of Parliament 4. That Monies for this great Occasion may be the more speedily advanced all the Undertakers in the City of London and within 20 Miles distance thereof shall under-write their several Sums before the Twentieth day of March 1641. and all within Sixty Miles of London before the First day of April 1642. and the rest of the Kingdom before the First day of May 1642. 5. That the several Sums to be under-written shall be paid in at four Payments viz. one fourth part within ten days after such under-writing and the other three parts at three Months three Months and three Months all to be paid into the Chamber of London 6. That for the better Securing of the said several Sums accordingly every one that doth so under-write shall at the time of his Subscription pay down the twentieth part of the Total Sum that shall be by him then under-written And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same within the ten days before limitted then such Party shall not only forfeit the twentieth part of the Sum total formerly deposited but so much more of his first fourth Payment to be added thereunto as shall make up the one Moyety of the said first Payment And if the same Person shall fail in any other of the three Payments he shall then Forfeit his entire first fourth and all the Benefit of his Subscription which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers The Lords and Commons upon due and mature Deliberation of these Propositions have approved of them and given their consent unto the same and will become humble Petitioners to His Majesty for His Royal Approbation thereof and
Warrant from Mr. Nicholas Plunket And on the Fourteenth of November they nam'd their Supreme Council viz. LEINSTER Archbishop of Dublin jurat Viscount Gormanstown jurat Viscount Mountgarret jur resid Nicholas Plunket jur resid Richard Beling jur resident James Cusack jur resid CONAUGH Archbishop of Tuam jur Viscount Mayo Bishop of Clonfert jur resid Sir Lucas Dillon jur Patrick Darcy jur resident Jeofry Brown jur resident MUNSTER Viscount Roch jur resid Sir Daniel O Bryan Edmond Fitzmorris jur Doctor Fennell jur Robert Lambart jur resid Geo. Comyn jur ULSTER Archbishop of Armagh jur resid Bishop of Down jur resid Philip O Reyly jur resid Colonel Mac Mahon jur Ever Macgenis jur Tirlagh O Neal. They also appointed Provincial Councils and ordered That the Supreme Council may authorise One or more to sollicit Aid of Foreign Princes to advance this Common and Holy Cause and may give them Instructions And on the Fifteenth of November they appointed the Lord Mountgarret to be president and Richard Shea to be Clerk of the Supreme Council And that the Officers of the Army calling to their Assistance one or more of each Province should concert the Measures of carrying on the War And that the Supreme Council shall send an Agent to the King to inform Him of the Motives and Causes of this Holy War and of the Grievances of the Kingdom And they appoint Sir Richard Barmwall Muster-master General and order Four thousand Pounds in Money to be new Coined And on the Sixteenth of November they ordered 31700 Men to be raised in the following Counties whereof 5300 Foot and 520 Horse were to go to the Army and the rest to be for the Defence of the Country and the Garisons viz. Â Â Â Foot Horse West-Meath 3000 whereof for the Army 500 50 Meath 3000 Â 500 50 Kildare 3000 Â 500 50 Wexford 3000 Â 500 50 Kings County 2800 Â 500 30 Queens County 2400 Â 400 40 Wickloe 2400 Â 400 40 Dublin 2000 Â 300 50 Kilkenny City 3000 Â 500 50 Louth 1700 Â 300 20 Longford 3000 Â 500 50 Catherlogh 2400 Â 400 40 Â 31700 Â 5300 520 And on the Nineteenth of November they order'd That the King's Revenue be duly gathered up for the making a Common Stock for the Use of the Kingdom And on the Twentieth they appointed the Lord Brittas John Kelly John Baggot James Darcy Maurice Fitzharris and Maurice Baggot a Committee to enquire after Protestants Goods and Lands in the County of Limerick And on the 21th day James Cusack who before the Rebellion was one of the King's Council and Clerk to the Commission of Grace was appointed Attorney-General And it was ordered That Soldiers be Cessed on all Persons and Places that are refractory in paying their Quotâ— of the Contribution and that every Burgess shall have Five shillings per diem and every Knight of a Shire Ten shillings per diem during the Assembly and for Ten days before and after it and that the Earl of Castlehaven devise an Order of Knighthood concerning the Honor of St. Patrick and the Glory of the Kingdom And so on the Ninth of January this Assembly was Dissolved leaving the Government in the Hands of The Supreme Council who notwithstanding his Majesty's Proclamation of 1 January 1641. under His own Signet to the contrary acted as a SEPARATE STATE and contrary to their own Oath of Maintaining the King's Prerogative and their Pretence of taking Arms for it they usurped all the King's Prerogatives even to that of Coining Money and sending Ambassadors to Foreign Princes and to the Granting of Letters of Mart and Reprisalâ— whereof the Reader may see a Precedent Burlace pag. 97. And thus Matters â—ood in Ireland in the Year 1642. In the close of the last Year we left our small Army near Ross 1643. which tho' Victorious was nevertheless in a sad Condition being meanly â—â—oatlied in Fed and worse Paid so that tho' the Lords Justices and Council did send a pressing Letter to the Lieutenant General to keep the Army abroad because there was no Subsistence for them in Dublin and the better to enable him thereunto they sent him Six thousand Pound of Bisket and Ten Barrels of Powder and the like quantity of Match and Musket Bullet yet the Wants of the Army were so great in all manner of Necessaries that it was impossible to keep the Field and therefore they returned to Dublin It is one of the most difficult things in the World to keep an ill-paid Army in exact Discipline for the Soldier that is denied his Due will expect a Connivance upon any Extortion that is less than Equivalent to his Pay and from one Degree it passes to another till it Centers in Licentiousness and thus it happened in Dublin the Officers at first winked at the little Rapines of the Soldiers till at length they openly plundered the Markets but this was the way to spoil all and by discouraging the Market Folks to starve themselves therefore it was strictly prohibited by a severe Proclamation and some Offenders were made Examples whereupon many of the Officers of the Army on the Fourth of April 1643 presented the Government with a very bold and threatning Remonstrance quod vide Appendix 20. which they say was another Cause of the ensuing Cessation But General Preston having again besieged Ballynakill Colonel Crawford on the Eleventh of April marched from Dublin with Thirteen hundred Foot and One hundred and thirty Horse to raise that Siege but he could not perform it and so that place was surrendred But I should have mentioned that the Lords Justices and Council to prevent any Peace or Cessation with the Irish did send His Majesty a most excellent Letter of the Sixteenth of March 1642. recited at large here Appendix 4. which it seems was not well relished at Court for not long after Sir William Parsons who was a great Promoter of that Letter was removed and thereupon accused of Treasonable misdemeanours by Major Butler and Sir Francis Warren but there being more of Malice than Truth in that Impeachment it came to nothing however Sir JOHN BURLACE and Sir HENRY TICHBURNE were Sworn Lords Justices on the Twelfth of May and on the Twenty fifth of the same Month the Pope sent over his Bull of Indulgence to the Confederates which is to be found here Appendix 15 and was published by the Irish even after the Cessation was concluded But the Lords Justices and Council were tyred in contriving ways to support the Soldiery and at length they thought upon an Excise and by their proclamation of the Twenty fourth day of June imposed it for Six Months unless other relief for the Army should be sent in the mean time This Excise was exceeding high amounting to half the value of the Commodity in lieu whereof the Retailer was permitted to advance his Price a Moiety more than
it was before The Protestants considered the necessity of this Tax and patiently submitted to it but the Papists made all the opposition they could but in vain for there was no other way left and this it self was not sufficient to prevent the mutiny and the ruin of the Army All these things tended to draw on the Cessation which the Marquess of Ormond by His Majesties Letter of the Twenty third of April was ordered to make with the Irish and was by a Second Letter from His Majesty of the Third of May brought to him by Mr. Brent pressed to hasten and by a Third Letter of the Second of July and a Fourth of the Seventh of September he was farther importuned in that Matter nevertheless there was a Party in the Council upon whom the Villanies of the Rebels had made so deep an Impression that they could not endure to hear of any Treaty with the Confederates and therefore the Marquess of Ormond on the Twenty second of June made a Motion in Council which is Entered in the Council-Book as followeth viz. By the Lords Justices and Council Jo. Borlace Hen. Tichburne THE Lord Marquess of Ormond this day moving at this Board that if Ten thousand Pounds may be raised whereof the one half to be in Money and the other in Victuals and to be brought in within a Fortnight that his Lordship would in such Case proceed in the War and immediately endeavour to take in Wexford and forbear to prooceed in the intended Treaty of Cessation of Arms with the Rebels It was thought fit to call before Us the Mayor of this City of Dublin and others who appearing We had Conference with them at this Board concerning the same and find that such is the Poverty of this Place and People as that Sum of Money or Proportion of Victual cannot be raised Given at His Majesties Castle of Dublin 22d June 1643. La. Dublin Roscommon Edw. Brabazon Char. Lambert Adam Loftus William Parsons Thomas Lucas Francis Willoughby G. Wentworth But whether they thought that Supplies would be sent from England or that they were willing to struggle with any Extremities rather than to have Correspondence with the Murderers of their Friends and Relations and the Plunderers of themselves it is certain that Part of the Council still continued averse to the Cessation Hereupon Sir Robert Meredith Sir William Parsons Sir John Temple and Sir Adam Loftus were Committed to Prison by His Majesties Order on the Second of July and on their Petition they were refus'd to be Bayl'd but they had the Liberty of the Castle with a Keeper But on the 4th of July the Lords Justices and Council received a smart Letter from the two Houses of Parliament in England taxing them with Publishing That their present Difficulties were occasioned by the Failures of the English Parliament To which they returned as Tart an Answer on the Twenty eighth of October importing That they gave full frequent and seasonable Notice of all their Wants from time to time to the English Parliament and therefore did not know where else to lay the blame In the mean time there hapned a pleasant Passage on the Eighth of July at which time the Lords Justices and Council sent a Message in writing to the Confederates Purporting that if the Rebels would release Captain Farrer they would exchange Captain Synot for him but the Confederates were so distasted at the word Rebels that they sent back this Answer We do not know to whom this Certificate is directed and we will avow Our selves in all Our Actions Bur. 128. to be His Majesties Loyal Subjects neither shall it be safe henceforth for any Messenger to bring any Paper to Us containing other Language than such as Suits with Our Duty and the Affections We bear to His Majesties Service wherein some may pretend but none shall have more real Desires to farther His Majesties interest than His Majesties Loyal and Obedient Subjects Mountgarret Muskery Fr. Thom. Dublin Malachias Tuamen Castlehaven Audley R. Bealing Torlo O Neile Patr. Darcy And it is observable Lords Justices Letter of 29. July 4â— that Sir John Netervill being indicted of Treason Petitioned the King setting forth that his Witnesses were forced by the Rack to swear more than was true and instances Cornelius Moran and that his own Examination was mutilated of all Matters that might excuse or lessen his Crime but upon Search it appeared that Cornelius Moran was not made use of as an Evidence against him at all and that the Clauses he mentioned to be expung'd were found uncancell'd in his Examination It seems that the Treaty about the Cessation so influenced the Army that it did little this Summer only Colonel Monk on the 27th of June issued out with a Party of Thirteen hundred Foot and 140 Horse and he had the good Fortune at a Pass on the Boyne near Castlejordan to encounter Four thousand Irish Foot and Six hundred Horse under General Preston and to get the better of them however for want of Provisions he was fain to march to Wickloe and was afterwards Commanded thence into Meath to attend Owen Roe O Neal whose Army was near Portlester and there he joyned the Lord Moor who was Commander in chief of this Party and tho' it did not come to a Battel yet the valiant Lord Moor was unfortunately Slain by a Shot from a great Gun not many days before the Cessation was concluded Neither was there much done in the rest of the Provinces for the same Reason but the little that was done ought to be mentioned before we touch the Cessation that so we may take that Treaty entire And first in Munster the Lord of Insiquin divided his Army in the beginning of May and himself marched westward Battel of Killworth whilst Sir CHARLES VAVASOR went Eastward and took Mac Thomas's Castle and other Castles in the County of Waterford But on the Twenty seventh of May the Army to the number of Four hundred Horse and Four thousand Foot rendevouzed at Bottivant from whence Lieutenant Colonel Story with Two hundred Horse and Twelve hundred Foot was detached into Kerry where they got a Considerable Prey and also rescued some English and on the Twenty eighth the Lord Insiquin with the rest of the Army marched to Killmallock and ranged to and fro thereabouts whilst on the Thirty first of May Sir Charles Vavasor with another Detachment attacked the strong Castle of Cloghleagh which he took on the Third of June but on the Fourth of June by great negligence and want of Conduct he was well beaten by the Earl of Castlehaven on the Plain between Formoy and Killworth and Six hundred English were there slain and Sir Charles and others were taken Prisoners which was a just Judgment upon them for suffering some inferiour Officers to violate the Quarter they had given to the Garrison of Cloghleagh and by this Considerable Victory the Rebels were so elevated that they made a brisk
not obtain license for their Transportation from the Parment tho it seemed to be their Interest to get so easily rid of so many Enemies But it is time to attend the new Governors and see how they handle the Irish and manage their Affairs One of the first things they did was to reduce the eleven old broken Regiments to seven under the Earl of Kildare the Lord Moor and the Colonels Titchburn Borlace Willoughby Bayly and Flower and then they made Colonel Michael Jones Governor of Dublin and Commander in chief of the Province of Leinster and on the 20th of June they did by their Proclamation strictly prohibit the Exactions and Free Quarter of the Army whereupon the Soldiers grew so mutinous that Mr. Annesley and Sir Robert King were obliged to quit the Kingdom for a time for fear of Violence and by another Proclamation of the same date they prohibited the use of the Common Prayer which occasioned an excellent Petition or Declarat on from the Episcopal Clergy to be found at large Burlace Appendix 94. And it is fit we should also enquire how the valiant Confederates who did insult so sawcily on the Necessities of an Imprisoned King did behave themselves against the more powerful Parliament and indeed they began pretty well at first though they paid dear for it afterwards for General Jones having marched some Men out of Dublin was met by General Preston within 12 miles of the City and beaten back again whereupon Preston whose Army was 10000 strong possessed himself of most of the Out-Garisons even to within 8 miles of Dublin and then went to besiege Trim wherein lay a Regiment of Foot and some Horse under Colonel Fenwick To relieve this place by diversion Jones on the 17th of July marched out of Dublin with 1000 Foot and 400 Horse and burned Castlemartin and took good Prey from Castlebawne but the Irish fell upon his Rear near Johnstown and killed Captain Meredith a Gentleman of clear Valour and great Hopes and several others and had destroyed them all if this Retreat had not been managed with excellent Conduct and extraordinary Courage And though some Men's Courage like a Fever proceeds rather from Distemper than Constitution and acts distractedly whilst it is in ferment but is soon allayed and suppressed yet true Valour is like Fire the more Oyl is cast upon it the more it flames and true Fortitude is so far from being daunted by Adversity that it is rather thereby stimulated to new Encounters And thus it was with Jones who disdained these Baffles he had received from the Irish and was resolved to regain his Reputation and retrieve the Glory of his Nation or dye and accordingly on the first day of August he drew out two Regiments of Horse and 3800 Foot half starved Soldiers that were ready to mutiny for want he had also some Artillery and what else he thought requisite to relieve Trim. But Preston having notice of this March raised the Siege and designed to get between the English and Dublin and so to have surprized that City whilst the other relieved Trim but Jones being reinforced by Sir Henry Tichbourn from Tredagh and Colonel Moor from Dundalk Colonel Conway and some Scots and others from Newry Carling ford c. amounting in all to 700 Horse and 1200 Foot followed Preston who besides what the Lord Dillon of Costilogh and the two Nugents brought him had effectually 7300 Foot and 1047 Horse and overtook him at Dungan Hill Battel of Dungan Hill where it came to a fair Battel on the 8th of August and Jones by plain Valour and downright Blows obtained the greatest and most entire Victory that had been gained during the War for there were slain on the place 5470 Men besides many that were gleaned up afterwards amounting in all to 6000 and there were 5 Colonels and 4 Lieutenant Colonels 6 Majors 32 Captains 23 Lieutenants 27 Ensigns 2 Cornets 22 Sergeants 2 Quartermasters 2 Gunners the Clerk of the Store 13 Troopers and 228 Common Soldiers taken Prisoners the Cannon and Carriages and 64 fair Oxen for the Train were also taken and which is most strange there were not above 20 English men slain in this fierce Encounter which happened that very day Twelve-month the Nuncio and Clergy at Waterford had broken the Peace of 1646 and therefore Mr. Beling reckons this Defeat as a Judgment on the Irish for their perfidious breach of that Peace The reason of so great a Slaughter was because the Irish Foot fled to a Bog and the English surrounded it and so had the killing of them all and indeed the extraordinary Valour of Major James Clotworthy ought not to be forgotten for he not only killed the Cannonier just as he was ready to fire but also tought so desperately that his Horse received 17 wounds and was killed and himself had two Shot in his Armour Upon this Defeat the Irish quitted and burnt Naas Sigginstown Collanstown Castlewarding and Moyglare and had been forced to quit more but that Pay and Provision grew so scant that the Army was fain to return to Dublin where 1500 l. was newly arrived and not long after greater Supplies were sent over together with 1000 l. for a Present to General Jones for his extraordinary good Service But that which is prodigiously Strange and almost Incredible is That the Nuncio the Clergy and the old Irish did rather rejoyce than grieve at this Misfortune of Preston's for his Army were old English of the Pale and but half-pac'd Nuncioâ—ists so that they could hardly be trusted And now the Clergy were rid of them by this Defeat and Owen Roe who was their Darling became General of the three Provinces and under him Sir Thomas Esmond commanded the Foot and Colonel Peirce Butler the Horse in Leinster Lieutenant General Farrel and Henry O Neal in Conaught and Major General O Neal and Sir Philem O Neal in Ulster And though Preston did pretend to recruit his Forces yet it was so faintly and slowly that small regard was had of him Owen Roe being thus qualified marched to visit his Province of Leinster and Jones being recruited at Dublin and afterwards joyned with Monk at Trim In October marched forward to face him but the Irish General was more cunning than to fight and lose all his Army at once as Preston had done and for which Owen Roe often laughed at him and therefore suffered the English to take Ashboy and Portlester and some other small places even whilst he looked on and so being loaden with Prey and Pillage Jones and Monk returned the one to Dublin any the other to Ulster And not long after Jones marched with Borlace's and Willoughby's Regiments into the County of Wicklow November 24. to settle them in Wicklow and Newcastle but in his absence Owen Roe burnt the Country from Castleknock to Drogheda and so near to Dublin that 200 Fires were discerned from St. Ann's Steeple in that City But it is time
Majesty how his Authority was despised by those great Pretenders to Loyalty to which his Majesty answers by his Letter of the 2d of February That he wonders at the Ingratitude of the Irish in the apparent breach of their Recognition of him in the beginning of the Articles of Peace and their solemn Protestations to himself And orders That if Ormond finds them incorrigible ☞ he should timely advise the King of it that not believing himself bound to the Conditions of Peace whilst they are destructively infringed by the Irish and made useless to his Majesty he may use other means for his Restitution and that Ormond should withdraw as soon as he thinks fit In the mean time the Popish Prelates and Clergy met proprio Motu at Cluanmacnoise and though it was expected that by the means of the Marquess of Antrim they would do something or other that would be very disobliging and seditious yet on the contrary they made most pathetical and pious Exhortations to Unity and to lay aside all National and other Animosities and declared it was in vain to expect any tolerable Conditions for their Religion Liberties and Estates from Cromwell in a word they said so much and so well that the Lord-Lieutenant was almost deceived into fresh hopes of their Loyalty and Integrity But an Adder cannot be without a sting nor a Popish Ecclesiastical Congregation meet in Ireland without doing something disobliging to the Royal Authority whilst in Protestant hands and even this meek and pious Assembly could not dissolve until it had spit some of its Venom in a Schedule of Grievances But it is yet more strange P. W.'s Remonstrance 83. that some body had the confidence to obtrude a spurious Paper of Greivances on the Commissioners of Trust instead of the true one and they gave it to the Lord-Lieutenant Whereupon he being highly incensed demanded of the Bishops whether they own'd that Paper and they denied it and on the first of April and not till then produced the true one which was pragmatical enough but not near so bad as the other But that the whole Kingdom might be satisfyed that there were no real Greivances nor just cause of Complaint since all the Mischiefs that had hapned were occasion'd by the Obstinacy of the Ungovernable Corporations Ormond did permit the Commissioners of Trust to issue their Circular Letters for Deputies from all parts of the Kingdom to represent their Grievances and accordingly they came in the latter end of January but being alarum'd at Kilkenny these Deputies adjourned to Juny I suppose Innis in the County of Clare where they made much noise but never had the confidence to reduce their clamour into writing and the Lord-Lieutenant left the City under the Government of the Earl of Castlehaven and went himself to Limerick to which place by his Letters of the 27th of February he invited the Popish Prelates and Clergy and they being come accordingly on the 8th of March his Excellency proposed to them That unless the People might be brought to have a full Confidence in him P. W.'s Remonstrance 75. and yeild a perfect Obedience unto him and unless the City of Limerick in particular would receive a Garrison and obey Orders there was no hopes of making any considerable Opposition to the Enemy and desired them to deal freely if they had any mistrust of him or dislike of his Goverment since he was ready to do any thing for the Peoples preservation that is consistent with his Honour and his Duty to the King And since it was manifest that the Name without the Power of Lord-Lieutenant could bring nothing but Ruine upon the Nation and Dishonour upon him they should either procure entire Obedience to his Authority or propose how the Kingdom might be preserved by his quitting it To all which they answer'd with many expressions of Respect and Affection and gave his Excellency a Paper of Advice mention'd Appendix 45 and so we must leave them for a while and see what was done in the rest of the Provinces In Ulster the Presbyterians and especially the Scots were fierce against the Parliament of England insomuch that the Presbytery of Belfast did on the 15th Feb. 1648 publish a Paper entituled A necessary Representation of the present Evils and eminent Dangers to Religion Laws and Liberties arising from the late and present Practises of the Sectarian Party in England together with an Exhortation to Duties relating to the Covenant The design of which is to exhort the People from associating with Sectaries or Malignants To which Sir Charles Coot and others of the Parliament party made an answer wherein they observe That if they decline the Parliament Burlace 207. they shut the door against all Succours and Supplies from England And secondly They make a Rent and Division amongst themselves And thirdly Must joyn with the Rebels or desert the Kingdom And lastly Must fight against an Army that hath been the Instrument of the Liberty of England and the Quiet of Scotland And it is certain that for want of due regard to the Dilemma in the third Observation the Presbyterian party fell into the Inconvenience mentioned in the second for the Lord of Ards Sir George Monroe and others joyned with the Lord-Lieutenant and the Irish in submission to the King whilst many of the Preachers declaimed so passionately against both Malignants and Sectaries as they called the King's party and the Parliament's that Sir George Monroe was fain to send many Letters and some Threatning Messages to silence them But this Division became the occasion of their Ruine for though they had once all Ulster except London-Derry which was also besieged yet they were in very few Months subdued for as soon as that Siege was raised by Owen Roe Sir Charles Coot marched abroad and took in Colâ—rain And Venables being by Cromwell detach'd from Tredagh had Belfast surrendered to him and though Collonel Trevor did fall upon Venables in his Quarters on the Road to Belfast yet he was bravely repulsed by the Valour of Captain Meredith and then Venables marched to Carrifergus which submitted to him even before his Foot came up and being joyned with Sir Charles Coot they beat Monroe and the Scots on the Plains of Lisnegarvy on the 6th of December and so the Parliament became Masters of most part of what the Presbyterians possest in Ulster But it must not be forgotten that Lieutenant-Collonel Owen O Conally the first Discoverer of the Irish Rebellion marching with a party of Horse from Belfast to Antrim was fallen upon by Monroe and totally routed and himself slain And as for Conaught Beling 196. I find no other mention of any Action there but that the Marquess of Claâ—rickard took Sligo in the Month of May 1649 I suppose from some of the Parliament party In the mean time Cromwell took advantage of the fair Weather ☜ and knowing that nothing could be so destructive to the Irish who wanted all
by any Ships or other Vessels of what Country or Nation soever under their Power or Command or Waged Imployed or Contracted with on their behalf or by any Forts Garrisons or Forces within this Kingdom under their Power in their coming to this Kingdom or returning from thence 4. It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above named Parties do promise and undertake for and in the behalf of those for whom they are Authorised as aforesaid that all Ships Barks and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands of such as shall obey the Articles of this Cessation from any Potts in the Kingdom of England having his Majesties Pass or the Pass of any who is or shall be His Majesties Admiral or Vice-Admiral or the Pass of any Governor or Governors of any the Ports in England in his Majesties Hands or which shall hereafter during this Cessation be in his Majesties Hands or the Pass of the said Marquess shall not be interrupted by any of those for whom the said Lord Viscount Muskery and the rest of the above named Persons are Authorised as aforesaid neither in their coming to this Kingdom or in their return so as they use not any acts of Hostility to any of their said Party And this to be a Rule until his Majesties Pleasure be further declared therein upon application of the Agents of the said Roman-Catholick Subjects now in Arms c. to His Majesty 5. It is concluded and accorded and the said James Marquess of Ormond doth promise and undertake for and in the Name of His Majesty that no interruption shall be given by any Ship or Ships under his Majesties Power and Command or Waged Imployed or Contracted with by or in the behalf of his Majesty or by any of his Majesties Forts Garrisons or Forces within this Kingdom to any Ship or Ships that shall Trade with any of the said Roman-Catholicks who are now in Arms c. or any of their Party or which shall come in or go out of any the Cities Towns Harbours Creeks or Ports of this Kingdom in the hands of the said Roman-Catholicks now in Arms c. with Arms Ammunition Merchandise Commodity or any thing whatsoever during this Cessation As on the other side the said Donogh Viscount Muskery and the rest above named of that Party do promise and undertake for and in the behalf of those by whom they are Authorised that no interruption shall be given by any Ship or other Vessel whatsoever under the Power and Command of their Party or Waged Imployed or Contracted with by or in the behalf of their Party or by any Forts Garrisons or Forces within this Kingdom in their Power to any Ship or ships that shall Trade with any of his Majesties Subjects obeying this Cessation or which shall come in or go out of any of the Cities Towns Harbours or Ports of this Kingdom which shall obey this Cessation with Arms Ammunition Merchandise Commodity or any other thing whatsoever during this Cessation Provided that no Ship or Ships shall be admitted free Trade by colour of this Article but such as are warranted by the precedent Articles 6. It is Concluded and Accorded that the Quarters in the Province of Leinster be as followeth viz. That the County of Dublin the County of the City of Dublin the County of the Town of Droghedagh and the County of Lowth shall remain and be during the Cessation in the possession of his Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting unto the said Roman-Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed in the said Counties or any of them by any of the said Party And it is further Concluded and Accorded that as much of the County of Meath as is on the East and South-side of the River of Boyne from Droghedagh to Trym and thence to the Lordship of Moylagh and thence to Moyglare and thence to Dublin shall during the said Cessation remain and be in the possession of His Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting to the said Roman-Catholick Subjects now in Arms and their Party all such Castles Towns Lands and Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by any of the said Roman-Catholick Subjects now in Arms c. and of their Party within the said Limits and Boundaries and that the Residue of the said County of Meath shall remain in the Hands and Possession of the said Roman-Catholick Subjects now in Arms c. and their Party except the Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said last mentioned Quarters in the County of Meath by his Majesties Protestant Subjects and such as adhere unto them or by any of them respectively And that so much of the County of Kildare as is on this side of the Liffy where Naas is situate and on the other side of the Liffy from Dublin Westward into the County of Kildare so far as the Rye water at Kilcock and so far betwixt that and the Liffy as shall be at the same distance from Dublin as the said Rye Water is at Kilcock on that side of the Liffy shall during the said Cessation remain and be in the Hands and Possessions of his Majesties Protestant Subjects and their Adherents respectively except such Castles Towns Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said Quarters by the said Roman-Catholick Subjects who are now in Arms c. and their Party and that the residue of the said County of Kildare shall remain in the hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by his Majesties Protestant Subjects and their Adherents respectively within the said last mentioned Quarters in the said County of Kildare And that the several Counties of Wicklow West Meath Kings County Queens County Catherlagh Kilkenny County of the City of Kilkenny Wexford and Longford shall during the said Cessation remain in the Hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said County by
His Majesties Protestant Subjects and their Adherents respectively 7. It is Concluded and Accorded that what Corn hath been Sown by any of His Majesties Army or by any of his Protestant Subjects or their Adherents or by any of them within any of the Quarters allotted in the Province of Leinster to the said other Party the same shall be enjoyed by the Sowers and Manurers paying for the same as they did agree and in case they did not agree paying the Fourth Sheaf unto such Garrison within whose Quarters the same shall fall And that in case any of the said Roman-Catholick◠Subjects now in Arms c. or any of their Party have Sown Corn within any the Quarters alotted in the Province of Leinster to the said other Party the same shall be enjoyed by the Sowers and Manurers paying for the same as they did agree and in case they did not agree paying the Fourth Sheaf unto such Garrisons within whose Quarters the same shall fall And it is likewise Concluded and Accorded that those Places which have been Protected by the Lords Justices or any Officer of His Majesties Army do pay according to the Agreement which was made and if no Agreement were made to pay the Fourth Sheaf to those Garrisons or Persons who Protected them in whose soever Quarters they are◠And this to continue for a Rule other than as to so many of those Garrisons who granted such Protection and are since regained by the said Party or some of them for whom the said Donnogh Viscount Muskery and the Persons above named are authorised as aforesaid And that the Tenants of the Town of Balliboght in the County of Dublin if they have not been protected shall pay according to agreement and if no Agreement made then the Fourth Sheaf and to continue their Possessions during this Cessation And it is further Concluded and Accorded that where His Majesty on any of His Protestant Subjects or their Adherents shall happen to have any Garrison or Garrisons within the Quarters set forth in the next precedent Article for the said other Party that such Garison and Garisons shall have such competency of Lands as well profitable as unprofitable now termed waste as shall be found necessary for them by any indifferent Commissioners to be appointed for that purpose 8. It is concluded and accorded that the Quarters in the Province of Munster be as followeth viz. That the County of the City of Cork and so much of the County of Cork as is within the subsequent Garrisons viz. From Youghall to Mogeely thence to Formoy thence to Michelstown thence to Liscarroll and so in a line from Michelstown and Liscarroll northward as far as His Majesties out-Garrisons on that side do extend and from Liscarroll to Mallow thence to Cork thence to Carrig-Croghan thence to Rochfordstown thence to Bandonbridge thence to Timmoleage and thence forward to the Sea together with the said Garrisons shall during the said Cessation remain and be in the Possession of His Majesties Protestant Subjects and of such as adhere unto them Saving and excepting to the said Roman Catholick Subjects now in Arms c. and their party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which on the said Fifteenth Day of September 1643 ☜ at the hour aforesaid are possessed in the said Counties or any of them by any of the said Roman Catholick Subjects now in Arms c. and their party And that the residue of the said County of Cork shall likewise remain to the said party last named saving and excepting to His Majesties Protestant Subjects and their Adherents all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which on the said Fifteenth Day of September 1643 ☜ at the hour aforesaid are possessed in the last mentioned Quarters by them or any of them And that the County of Tipperary the County of Limerick the County of the City of Limerick the County of Kerry the County of Waterford the County of the City of Waterford and the County of Clare shall during the said Cessation remain and be in the possession of the said Roman Catholick Subjects now in Arms c. and their party Except Knockmorn Ardmore Piltown Cappoquin Ballinetra Stroncally Lismore Balliduffe Lisfinny and Tallow all scituate in the County of Waterford or as many of them as are possessed by His Majesties Protestant Subjects and their Adherents the said fifteenth Day of September 1643 at the hour aforesaid and likewise except all such Castles Towns Lands Territories and Hereditaments thereunto belonging as within the said Counties respectively on the said fifteenth Day of September 1643 at the hour aforesaid are possessed by any of His Majesties Protestant Subjects or such as adhere unto that party respectively in the said County of Waterford and the rest of the last mentioned Counties And it is concluded and accorded that the like rule for Corn sown and what shall be payed by places protected and for the laying out wasts for the respective Garrisons shall be observed in the Province of Munster as it is set down for Leinster 9. It is concluded and accorded that the quarters in the Province of Vlster be as followeth viz. That such Counties Baronies Lands Tenements and Hereditaments in the Province of Vlster which the said fifteenth Day of September 1643 at the hour aforesaid are possessed by any of His Majesties Protestant Subjects or any that adhere unto them and all places protected by any Commander deriving Authority from His Majesty shall during the said Cessation remain entirely in the hands and in the possession of His Majesties Protestant Subjects and such as adhere unto them excepting such Castles Lands and Hereditaments as on the fifteenth Day of September 1643 at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. or their party And that all such Counties Baronies Lands Tenements and Hereditaments in the said Province which on the said fifteenth of September 1643 at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. and their party shall remain entirely during this Cessation in the hands and possession of the said Roman Catholick Subjects now in Arms c. and their party saving and excepting throughout all places protected by any Commander deriving Authority from His Majesty and likewise excepting there-out all such Territories Castles Towns Lands Tenements and Hereditaments which on the said fifteenth Day of September 1643 at the hour aforesaid are possessed by any of His Majesties Protestant Subjects or such as adhere unto them And it is concluded and accorded that the like rule for Corn sown and what shall be payed for protected places and for the laying down of wasts for the respective Garrisons shall be observed in the Province of Vlster as is set down for Leinster 10. It is concluded and accorded that the quarters in the Province of Connaght be
truly and inviolably observed fulfilled and kept 11. It is concluded and accorded that all Possessions and likewise all Goods and Chattles that shall be found in Specie taken by either party after the Hour of Twelve aforesaid and before Publication of this Cessation shall be restored to the Owners and after Publication all Possessions and Goods that shall be taken to be restored to the Owners upon demand or Damages for the same In witness whereof the said Marquess to the part of the said Articles remaining with the said Viscount Muskery and the rest of the above named Persons hath put his Hand and Seal And the said Viscount Muskery c. To that part of the Articles remaining with the said Marquess Ormond have put their Hands and Seals the Day and Year first above written Muskery Lucas Dillon Nic. Plunket Rob. Talbot Rich. Barnwell Torl o Neale Geffry Brown Ever Magennis Jo. Walsh An Instrument touching the manner of payment of 30800 Pounds Sterling by several Payments WHereas by an Instrument bearing date with these Presents we have in the behalf and by Authority from the Roman Catholicks of this Kingdom freely given unto His Majesty the Summ of Thirty Thousand Pounds Sterling wherein the times or manner of payments are not expressed We do therefore hereby agree that the same shall be paid in manner following viz. 5000 Pounds within one Month next after the date of these Presents the one half in Money and the other half in good and merchantable Beeves not under four or above ten years old at the Rate of 30 Pounds the score at the City of Dublin 5000 Pounds more within one Month next after the said first Month the one half in Money and the other half in Beeves as aforesaid at the like Rates at the City of Dublin aforesaid also within two Months next after Five Thousand Pounds more whereof one half in Beeves as aforesaid at the like Rates and the other half in Money One other Five Thousand Pounds at or before the last of February next and the Summ of 10000 Pounds being the last Payment of the said Thirty Thousand Pounds at or before the last Day of May next which shall be in the Year 1644. And we hereby further agree that Eight Hundred Pounds more shall be paid to His Majesties Use to whom the Lords Jnstlces shall appoint at the Garrison of Naas within two Months next ensuing the one half by one Months End next after the date hereof and the other half by the End of one Month more next after that First Month all other Payments in Money save the Eight Hundred Pounds shall be paid at Dublin and the rest of the Beeves save the said first two Payments to be paid within the several Provinces to His Majesties Use to such Persons as shall be appointed by His Majesties Lords Justices or other Chief Governor or Governors in this Kingdom they first giving notice to Us or any one or more of Us of their Pleasures therein In witness whereof We have hereunto put our Hands and Seals the sixteenth Day of September 1643. Muskery Lucas Dillon Nic. Plunket Rob. Talbot Rich. Barnwell Torl O Neale Geffry Brown Ever Magennis Jo. Walsh Appendix XVII The Lord of Insiquin's Complaints of the Breaches of the Cessation in Munster First THEY withhold from us the Fourth Sheaff in Barymore and Imokilly albeit those two intire Baronies were under the protection of our Army and most of them under particular Protection until Four or Five days before the Cessation during all which time they did contribute to our several Garrisons and were under our Command at the time of Sowing and for the most part at the time of Reaping the last Harvest and the Articles say That the places Sown under our Protection shall pay the Sheaff c. Secondly We being possessed of the whole Lands in Roches Country all the time before the Cessation they pretend to a Possession gain'd therein some days before the Treaty endedâ— by thrusting Three or Four men a piece into some old ruinous Castles or Houses deserted by us in a skulking manner it being very evident that they had no considerable Force drawn into all that Country save what they slipt into those deserted places as aforesaid whilst we had Two strong Garrisons at Mallow and Downeraile which would easily have repelled any Force that they brought into those parts if they had come in such sort as to be taken notice of Thirdly In like manner they have gained and do insist upon the Possession of Bally-begg near Buttivant and other places in Orrery Fourthly The Castle of Pilltown they entred into Four or Five days after the Cessation and do yet detain it and the Castle of Cloghleigh with others in Condons they gained as those in Roches Country Fifthly Several of the principal Gentry in Orrery as Mr. Robinson Stapleton Lombard and Magner with their Tenants having always adhered and contributed to our Party and never declared themselves against us by any publick Act have since the Cessation been drawn to join with their Party under pretence that they had past their private Promise to Mac Donogh and Donogh O Callaghane to join with them when the Cessation was concluded Sixthly Several of our Party being in actual Possession of sundry Tithes in Barrymore and Imokilly did make Sale thereof and contract for several Summs of Money in lieu of them for payment whereof they took Bills and other Security before we lost any part of our Interest there which Monies so contracted for they refused to pay Seventhly The Lord Roch by force and strong hand hath entred upon Mr. Cuishin of Farrihi's Lands and compelled him to the payment of Six or Seven Pounds and enforced divers of his People to Swear to further Payments Mr. Cuishin having been always of our Party both before and since the Cessation and not to be drawn to theirs by their vehement Perswasions since the Cessation and having for the most part a Ward in his Castle Eighthly Where by the Articles of Cessation competent proportions of Land ought to be allowed to all Garrisons and Wards Captain Garret Fitz Gerald hath entred upon the Liberties of the Town of Youghal and thereout expelled divers poor English by violent taking their distresses by placing Guards of Armed Men on the High-ways and enforcing the People to contribute to their Army Ninthly They have entred upon a Mill and Five Plow-Lands of Ballycrenan belonging to Robert Tynt Esquire since the beginning of April last which was formerly in his continual Possession Tenthly The Lord Roch hath violently taken away from Mr. Cuishin the Tithes belonging to Dean Boyl and by him contracted for and disposed of before the Cessation whilst the Barony of Fermoy was in our Hands Eleventhly Several other petty Injuries as Stealths of Cattle Detention of Corn Incroachments on Bounds and the like do daily occur touching which we cannot prevail with any of their Party to joyn or interpose in
many and pernicious to Ireland that this Parliament should betray the trust reposed in them if they did not declare against this Cessation and use all means in time to make it abortive and therefore they desire that it may be observed and taken notice of First From whence the Counsel and Design of this Cessation ariseth even from the Rebels and Papists themselves for their own Preservation for soon after they had missed of their intent to make themselves absolute Masters of that Kingdom of Ireland by their treacherous Surprises and seeing that this Kingdom did with most Christian and Generous Resolutions undertake the Charges of the War for the Relief and Recovery of Ireland Propositions were brought over from the Rebels by the Lords Dillon and Tafe at which time they were intercepted and restrained by the Order of the House of Commons after that they had the boldness even while their Hands were still imbrued in the Protestants Blood to petition his Majesty that their demands might be heard And for this purpose they obtained a Commission to be sent over into Ireland to divers Persons of Qality whereof some were Papists to Hear Receive and Transmit to his Majesty their Demands which was done accordingly and one Master Burk a Notorious Pragmatick Irish Papist was the chief Sollicitor in this business After this the Just Revenging God giving daily success to handfuls of the Protestant Forces against their great numbers so that by a wonderful Blessing from Heaven they were in most parts put to the worst Then did they begin to set on Foot an Overture for a Cessation of Arms concerning which what going and coming hath been between the Court and the Rebels is very well known and what Meetings and Treatties have been held about it in Ireland by Warrant of his Majesties Ample Commission sent to that effect and what Reception and Countenance most Pragmatical Papists negotiating the business have found at Court and that those of the State in Dublin who had so much Religion and Honesty as to disswade the Cessation were first discountenanced and at last put out of their Places and restrained to Prison as Sir William Parsons One of the Lords Justices there Sir John Temple Master of the Rolls Sir Adam Loftus Vice-Treasurer of Ireland and Treasurer at Wars and Sir Robert Meredith one also of the Council Table Secondly The Lords and Commons desire it may be observed that during all these Passages and Negotiations the Houses of Parliament were never acquainted by the State of Ireland with the Treaty of a Cessation much less was their Advice or Counsel demanded notwithstanding that the care and managing of the War was devolved on them both by Act of Parliament and by his Majesties Commission under the Great Seal to Advise Order and Dispose of all things concerning the Government and Defence of that Kingdom But the wants of the Army were often represented and complained of whereby with much craft a ground was preparing for the Pretext wherewith now they would cover the Counsels of this Cessation as if nothing had drawn it on but the extream Wants of their Armies whereas it is evident that the Reports of such a Treaty have been in a great part the cause of their wants for thereby the Adventurers were disheartened Contributions were stopped and by the admittance to Court of the Negotiators of this Cessation their wicked Councels have had that influence as to procure the Intercepting of much Provisions which were sent for Ireland so that Ships going for Ireland with Victuals and others coming from thence with Commodities to exchange for Victuals have been taken not only by Dunkirkers having his Majesties Warrant but also by English Ships commanded by Sir John Pennington under his Majesty And moreover the Parliament Messengers sent into several Counties with the Ordinance of January last for Loans and Contributions have been taken and imprisoned their Money taken from them and not one Peny either Loan or Contribution hath been suffered to be sent for for Ireland from these Counties which were under the power of the Kings Army while in the mean time the Houses of Parliament by their Ordinances Declarations and Solicitations to the City of London and the Counties free from the terror of the Kings Forces were still procuring not contemptible Aid and Relief for the distresses of Ireland Thirdly As the Lords and Commons have reason to declare against this Plot and Design of a Cessation of Arms as being treated and carryed on without their Advice so also because of the great prejudice which will thereby redound to the Protestant Religion and the encouragement and advancement which it will give to the practice of Popery when these Rebellious Papists shall by this agreement continue and set up with more freedom their Idolatrous Worship their Popish Superstitions and Romish Abominations in all the places of their Command to the dishonouring of God the grieving of all true Protestant Hearts the disposing of the Laws of the Crown of England and to the provoking of the wrath of a Jealous God as if both Kingdoms not smarted enough already for this sin of too much conniving at and tolerating of Antichristian Idolatry under pretext of Civil Contracts and Politick Agreements Fourthly In the Fourth place they desire it may be observed that this Cessation will prove dishonourable to the Publick Faith of this Kingdom it will elude and make null the Acts and Ordinances of Parliament made for the forfeiting of the Rebels Lands at the passing of which Acts it was represented that such a course would drive the Rebels to Despair and it proves so but otherways than was meant for despairing of their Force and Courage they go about to overcome us with their Craft Fifthly and Lastly What shall become of the many Poor Exiled Protestants turned out of their Estates by this Rebellion who must now continue begging their Bread while the Rebels shall enjoy their Lands and Houses And who shall secure the rest of the Protestants that either by their own Courage Industry and great Charges have kept their Possessions or by the success of our Armies have been restored Can there be any assurance gotten from a Perfidious Enemy of a Cossation from Treachery and breach of Agreement when they shall see a fit time and opportunity These and many other considerations being well weighed it will appear evidently that this Design of a Cessacion is a deep Plot laid by the Rebels and really invented for their own Safety and falsly pretended to be for the benefit of the Armies And whereas the Lords and Commons have no certain Information that the Treaty is concluded but are informed by several Letters that all the Protestants as well Inhabitants as Soldiers in that Kingdom are resolved to withstand that proceeding and to adventure on the greatest extremities rather than have any sort of peace with that generation who have so cruelly in time of Peace Murdered many Thousands of our Countreymen
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
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
perfect Obedience and immediately be put under a Military Government for Military Matters and thereby into a Condition of Defence and Offence Which to conceal from the People were towards them as great a Treachery as it would be in Us a vain Rashness without such Obedience first gained to attempt the opposing the Strength and power of the Rebels And therefore We must and do declare that as the particular Refractoriness of the City of Waterford hath more than any other humane means contributed to all the Successes of the Rebels in those parts since Our being at Waterford And as the want of a strong Garrison in Limerick which we long since desired might be received there but could not prevail hath been the greatest visible means whereby the said Rebels have with small or no Resistance gained or destroyed the County of Limerick and other parts adjacent So the entire Loss of the Kingdom to his Majesty and the Destruction of the Nation which We have no hope to prevent but by strongly and presently garrisoning and fortifying the said City must be imputed to the Obstinacy of that City if it shall persist therein and to whosoever encourages or contrives with them therein As to these Distrusts and Jealousies of the People occasioned as you say for want of Success in Services the Sense of their Sufferings and their Apprehensions for want of Redress of their Grievances we answer That both the Want of Success and the Sense of their Sufferings whether from the Enemy or the Souldier cannot be so reasonably attributed to any human Cause as to the want of garrisoning the Army in principal Towns and Cities wherein we cannot yet prevail ☞ nor ever could till by the Enemies lying at one end of a Town we were not without articling and conditioning permitted to put such Men as We could then get in at the other end For for want of garrisoning the Army and by being forced to quarter it at large it was not possible to have them exercised their Arms kept in Order nor they under necessary Discipline which when they were to be brought together rendred them worse than so many new-raised Men by how much they had contracted a licentious Liberty and Habit of Rapine and Disobedience Nor could we prevent the Fraud in Musters or reasonably exact a strict Accompt from Officers of Men so scattered who when they should be employed upon Service were forced or pretending a Necessity wherein We could not disprove them to range the Country to get in the means that should enable them to serve As to their Apprehension for want of Redress to their Grievances We understand not what Grievances are thereby meant unless those delivered unto Us by the Arch-Bishop of Tuam on the first of April For other Grievances though We long expected and desired them We never 〈◊〉 save 〈…〉 on the 13th of March at Limerick which for the 〈…〉 and other misbecoming Passages contained in it was as â—uch disavowed by the Clergy then met And to those given Us on the first of April We return herewith such Answers as considering the Generality of them is possible for Us to give We have already with the Advice of the Commissioners and as We believe with the Approbation of such of the Bishops as were present appointed the Earl of Castle-Haven to command the Forces in Leinster And in Munster with 〈…〉 We have employed Colonel David Roch to command for a necessary Expedition besides there always is upon the Place one general Officer that will readily receive and employ any that shall be prevailed with to take Arms as is promised And in case We find fitting Obedience and Reception from the City of Limerick We shall in Person be ready to receive and conduct the Forces in the said Province In Vlster We have in Pursuance to the Agreement made with that Province given Commission to the Bishop of Clâ—gher and in Connaught the Lord Marquess of Clanrickard commands the Army We know no use to which any Money raised upon the People hath been employed but to the Maintenance of the Forces if you do We shall desire to be therein informed to the end that any past Misapplication thereof may be examined and punished and the like prevented in future To conlude We seriously recommend to your Consideration the ways of procuring such Obedience to his Majesty and his Authority in the general and particularly from the City of Limerick as may enable and encourage Us with Honour and Hope of Success according to Our Desire to use Our utmost Industry and encounter all Hazards for the Defence of this Kingdom and Nation against the Tyranny that will certainly be exercised upon them and the unsupportable Slavery they will be subject unto if the Rebels prevail And so We bid you heartily farewel from Loghreogh May 1. 1650. Your very loving Friend ORMOND Since the Writing hereof We have received a Message by a Committee and delivered by our very good Lord the Lord Viscount Taaffe whereunto We cannot return unto you other answer than what is contained in this Letter till We shall receive your Resolution thereupon which we desire may be with Expedition For the Arch-Bishops Nobility Bishops the Commissioners authorized by Us in Pursuance of the Articles of Peace and others assembled at Loghreogh Append. XLVII The Commissions to the Bishop of Fernes and Hugh Rochfort NOS Commissarii Deputati a Congregatione Cleri totius Regni Hiberniae habita in oppido James-town die sexto Augusti anno Salutis 1650. cum Authoritate Potestate ejusdem Congregationis ad tractanda disponenda expedienda agenda quaecunque negotia spectantia conducentia ad Catholicae hoc in Regno Religionis Regiorum Jurium hujus Nationis Conservationem prout constat ex Commissione Congregationis super hac data undecimo ejusdem Augusti 1650 reponentes especialem ac certam Fiduciam Confidentiam in Prudentia Fidelitate ac Integritate dilectorum nobis Illustrissimi Reverendissimi D. Nicoali Fâ—rensh Episcopi Fernensis Comitis Assistentis sacrae Capellae Pontificiae D. Hugonis de Rupe forti alias Rochford Armigeri constituimus nominavimus authorizavimus prout hisce constituimus nominamus authorizamus Procuratores nostros dictos Dominos Nicolaum Hugonem quemlibet illorum junctim seperatim nostro Catholicorum hujus Regni nomine ad proponendum agendum perficiendum ac conveniendum cum quovis Catholico Principe Statu Republica Persona aut Personis quodcunque negotium aut rem quae dictis Reverendissimo D. Nicolao D. Hugoni Procuratoribus nostris aut cuivis illorum junctim ac seperatim videbitur seu judicabitur necessaria expediens aut conducens ad Catholicae inter nos Religionis Regis Nationis Conservationem hisce promittimus spondemus ac in nos suscipimus nostro Catholicorum Regni nomine quod testificabimur approbabimus confirmabimus praestabimus quemcunque actum pactum aut