without due process and Judgment of Law they have since then been put or kept out and may be answered of and for all the mean profits of the same in the interim and for all the time until they shall be so restored 19. That your Majesties said Protestant Subjects may also be restored to all their Monies Plate Jewels Houshold-stuff Goods and Chattels whatsoever which without due Process or Judgment of Law have been by the said Confederates taken or detained from them since the contriving of the said Rebellion which may be gained in kind or the full value thereof if the same may not be had in kind and the like restitution to be made for all such things which during the said time hath been delivered to any Person or Persons of the said Confederates in trust to be kept or preserv'd but are by colour thereof still withholden 20. That the establishment and maintenance of a compleat Protestant Army and sufficient Protestant Soldiers and Forces for the time to come be speedily taken into your Majesties Prudent Just and Gracious Consideration and such a course laid down and continued according to the Rules of good Government that your Majesties Right and Laws the Protestant Religion and Peace of that Kingdom be no more endangered by the like Rebellions in time to come 21. That whereas it appeareth in Print that the said Confederates amongst other things aim at the Repeal of Poyning's Law thereby to open an easy and ready way in the passing of Acts of Parliament in Ireland without having them first well considered of in England which may produce many dangerous consequences both to that Kingdom and to your Majesties other Dominions your Majesty would be pleased to resent and reject all propositions tending to introduce so great a diminution of your Royal and necessary Power for the confirmation of your Royal Estate and protection of your good Protestant Subjects both there and elsewhere 22. That your Majesty out of your grace and favour to your Protestant Subjects of Ireland would be pleased to consider effectually of answering them that you will not give order for or allow of the transmitting into Ireland any Act of general Oblivion Release or Discharge of Actions or Suits whereby your Majesties said Protestant Subjects there may be barred or deprived of their legal Remedies which by your Majesties Laws and Statutes of that Kingdom they may have against the said Confederates or any of them or any of their Party for and in respect of any wrongs done unto them or any of their Ancestors or Predecessors in or concerning their Lives Liberties Persons Lands Goods or Estates since the contriving and breaking forth of the said Rebellion 23. That some fit course may be considered of to prevent the filling or overlaying of the Commons House of Parliament in Irelaâ—d with Popish Recusants being ill affected Members and that provision be duly made that none shall vote or sit therein but such as shall first take the Oaths of Allegiance and Supremacy 24. That the proofs and manifestations of the truth of the several matters contained in the Petition of your Majesties Protestant Subjects of Ireland lately presented to your Majesty may be duly examined discussed and in that respect the final conclusion of things respited for a convenient time their Agents being ready to attend with proofs in that behalf as your Majesty shall appoint In Answer whereunto it was replyed by the Committee of Lords and others of Irish affairs at Oxford 1. THat their Lordships did not think that the Propositions presented by the Protestant Agents to his Majesty and that Morning read before their Lordships were the sense of the Protestants of Ireland 2. That those propositions were not agreeable to the Instructions given the said Agents by the Protestants of Ireland 3. That if â—hose Propositions were not withdrawn they would lay a prejudice on his Majesty and his Ministers to posterity these remaining on Record if a Treaty should go on and Peace follow which the Kings necessity did enforce and that the Lords of the Committee apprehended the said Agents did flatly oppose a Peace with the Irish 4. That it would be impossible for the King to grant the Protestants Agents desires and grant a Peace to the Irish 5. That the Lords of the Committee desired the Protestant Agents to propose a way to effect their desires either by Force or Treaty considering the condition of his Majesties affairs in England To the First Note the Paâ—â—liament of Iâ—eland was interogated on the point and did declare their concurrence with what their Agents had done the Protestant Agents replyed That they humbly conceived that the Propositions which they had presented to his Majesty were the sense of the Protestants of Ireland To the Second That the Propositions are agreeable to the instructions given to the said Agents by the Protestants of Ireland and conduced to the well settlement of that Kingdom To the Third that they had no thought to draw prejudice on his Majesty or their Lordships by putting in those Propositions neither had they so soon put in Propositions had not his Majesty by his Answer to the Protestant Petition directed the same To the Fourth The said Agents humbly conceived that they were imployed to make proof of the effect of the Protestant Petition to manifest the Inhumane Cruelties of the Rebels and then to offer such things as they they thought fit for the security of the Protestants in their Religion Lives Liberties and Fortunes that the said Protestants had not disaffection to Peace so as Punishment might be inflicted according to Law as in the Propositions are expressed and that the said Protestants might be repaired for their great Losses out of the Estates of the Rebels not formerly by any Acts of this present Parliament in England otherwise disposed of which the said Agents desired might be represented to his Majesty and the Lords of the Committee accordingly To the Fifth that the said Protestant Agents were Strangers to His Majesties affairs in England and conceived that part more proper for the Advice of his Councils than the said Agents and therefore desired to be excused for medling in the Treaty further than the manifesting of the Truth of the Protestant Petition and purposing in the behalf of the Protestants according to the Instructions given them which the said Agents were ready to perform whensoever they should be admitted thereunto Touching which and other particulars there were many motions but the proofs they would have insisted upon by the importunity of other affairs never came to their due discussion Appendix XXII Instructions for the Agents who are to attend His Most Sacred Majesty on the behalf of His Majesties Protestant Subjects of Ireland 1. FIrst most humbly to represent unto His Most Sacred Majesty the Remonstrance or Petition of his truly obedient and loyal Subjects the Protestants of this his Kingdom of Ireland intituled To the King 's Most Excâ—llent Majesty
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
indented with him That he should be Baron of Colthil and Castleton and have the Lands in Vpper Ossory granted to him at three Pound per annum And these Commissioners caused the Earl of Kildare's Estate to be surveyed Lib. H. and it amounted to eight hundred ninety three Pound eleven Shillings and eight Pence half Penny per annum which was a mighty Revenue in those Days And in the latter end of the Year viz. the twenty second of February the Earl of Ossory was restored to the Title of Earl of Ormond which was afterwards confirmed to that Noble Family by Act of Parliament anno 1541. On the twenty fifth of July 1538. 1538. the Lord of Trimletstown who was also Lord Chancellor departed this Life and in his stead Sir John Allen Master of the Rolls was first made Lord Keeper of the Great Seal by the Lord Deputy and Council and afterwards on the eigteenth Day of October was made Lord Chancellor by the King In the mean time in the beginning of May the Lord Deputy marched from Trim to pursue O Reyly but he prevented it by his Submission And thereupon the Deputy marched against Savage a degenerate Englishman into Ards and Lecale and there he took Mac Genis his Castle of Dundrum and seven Castles more and wasted and preyed all that Country and which was worse he burnt the Cathedral Church of Downe and defaced the Monuments of the Saints Patrick Bridget and Columbus and committed many other Sacriledges And about the same time Images were every where defaced or taken away and particularly the famous Image of the Blessed Virgin at Trim was burnt and the Oblations and Treasures which many superstitious Votaries had offered there were also taken and carried away And it seems That whilst the Lord Deputy was engaged in the North O Connor on the one side and O Toole on the other fell upon the Inhabitants of the Pale and committed what Robberies and Depredations they pleased and returned Home without Loss But when the Lord Deputy came back and understood what they had done he resolved to be revenged of O Connor and immediately invaded Ophaly and took the Castles of Braghnal and Dingen And in his Letter to the King of the twelfth of August he writes That he forced O Carol and O Magher to give Hostages and that O Carol paid him three hundred Marks to redeliver his Son and desired to take a Patent from the King for his Country but it is not fit to grant it to him because he is False And that the English do now so well understand the Irishmen and Country that if the King will send them Mony they will manage the Irish as he Pleases And in his Letter of the twenty first of March he acquaints the King That Brian O Connor submitted in the open Fild and that he pursued Cahir O Connor until he forced him to come to Dublin to make his Submission there In the mean time the Reformation of Religion went on but very slowly in Ireland for although Archbishop Brown was very zealous for it yet the Primate Cromer was as industrious against it as will appear by the following Letter from Archbishop Brown to the Lord Cromwel Right Honourable and my singular good Lord I Acknowledge my bounden Duty to your Lordships Good-Will to me April 8. 1538. next to my Saviour Christ's for the Place I now possess I pray God to give me his Grace to execute the same to his Glory and his Highness's Honour with your Lordship's Instructions The People of this Nation be Zealous yet Blind and Vnknowing Most of the Clergy as your Lordship hath had from me before being Ignorant and not able to speak right Words in the Mass or Liturgy as being not skilled in the Latin Grammar so that a Bird may be taught to speak with as much Sense as several of them do in this Country these Sorts though not Scholars yet crafty to cozen the poor Common People and to disswade them from following his Highness's Orders George my Brother of Armagh doth under-hand occasion Quarrels and is not active to execute his Highness's Orders in his Diocess I have observed your Lordship's Letter of Commission and do find several of my Pupils leave me for so doing I will not put others in their Livings till I do know your Lordship's Pleasure for it is meet I acquaint you first The Romish Reliques and Images of both my Cathedrals in Dublin took off the Common People from the true Worship but the Prior and the Dean find them so sweet for their Gain that they heed not my Words therefore send in your Lordship's next to me an Order more full and a Chide to them and their Canons that they might be removed Let the Order be That the Chief Governors may assist me in it The Prior and Dean have written to Rome to be encouraged and if it be not hindred before they have a Mandate from the Bishop of Rome the People will be bold and then tug long before his Highness can submit them to his Grace's Orders The country Folk here much hate your Lordship and despitefully call you in their Irish Tongue The Black-Smith's Son The Duke of Norfolk is by Armagh and the Clergy desired to assist them not to suffer his Highness to alter Church Rules here in Ireland As a Friend I desire your Lordship to look to your Noble Person for Rome hath a great Kindness for that Duke for it is so talked here and will reward him and his Children Rome hath great Favours for this Nation purposely to oppose his Highness and so have got since the Act passed great Indulgences for Rebellion therefore my Hopes are lost yet my Zeal is to do according to your Lordship's Orders God keep your Lordship from your Enemies here and in England And in May after he wrote the following Letter Right Honourable MY Duty premised It may please your Lordship to be advertized Sithence my last there has come to Armagh and his Clergy a private Commission from the Bishop of Rome prohibiting his Gracious Highness's People here in this Nation to own his Royal Supremacy and joyning a Curse to all them and theirs who shall not within forty Days confess to their Confessors after the publishing of it to them That they have done amiss in so doing the Substance as our Secretary hath translated the same into English is thus I A. B. from this present Hour forward in the presence of the Holy Trinity of the Blessed Virgin Mother of God of S. Peter of the Holy Apostles Archangels Angels Saints and of all the holy Host of Heaven shall and will be always obedient to the Holy See of S. Peter of Rome and to my Holy Lord the Pope of Rome and his Successors in all things as well Spiritual as Temporal not consenting in the least that his Holiness shall lose the least Title or Dignity belonging to the Papacy of our Mother Church or to
November 1558. And it is observable That though she was a very zealous Papist yet the Irish were not quieter during her Reign than they were under her Brother but on the contrary their Antipathy against Englishmen and Government induced them to be as troublesome then as at other times and prevailed with Mr. Sullevan to give this severe Character of her Reign Sullevan cath hist. 81. That although the Queen was zealous to propagate the Catholick Religion yet her Ministers did not forbear to injure and abuse the Irish Quae tametsi catholicam Religionem tueri amplificare conata est ejus tamen Praefecti Conciliarii injurias Ibernis inferre non destiterunt THE REIGN OF ELIZABETH QUEEN OF England France AND IRELAND ELIZABETH 1558. the only surviving Child of Henry the Eighth succeeded her deceased Sister Queen Mary on the seventeenth day of November 1558. and in the five and twentieth year of her Age the Parliament who were all Papists then sitting she was by their common consent immediately Proclaimed Queen And though Mary and Elizabeth could not be both legitimate no more than their Father could have two Wives at once for if the first Marriage and Dispensation were not good then was Queen Mary spurious and if they were valid then was Elizabeth the Issue of an adulterous Bed yet by a rare Example of Fortune they both enjoyed Successively the Dominions of their Father and Elizabeth succeeded as Heir to Mary But nothing in History is more strange than that the Papists who had the whole Power in their hands should so peaceably accept of a Queen who according to their Doctrine and by Act of Parliament primo Mariae was a Bastard and by Report was a Protestant and not so much as make one Essay in behalf of the Queen of Scots who was a Catholick Princess and in their Opinions the right Heir But the true Reason was because they believed Elizabeth would declare her self a Catholick and also marry the King of Spain both which Matters she managed so wisely that even the King of Spain himself was deceived thereby iâ— perhaps his Dread and Hatred of the Scots the ancient Allies of France did not prevail with him to favour Elizabeth even though she should prove a Protestant rather than see the English Crown placed on the Queen of Scotland who had espoused the Interests of France and was inseparably linked to them Nevertheless it must be confessed That the Statesmen of that time whose Interests and Designs were Popish were much overseen and did not build their Conjectures upon Reasons that were any thing solid for it was Elizabeth's greatest Interest to regard her own Legitimacy and it was notorious that by marrying King Philip her Sister's Husband she must justifie by her own example the Marriage of Henry the Eighth with his Brothers Wife and by submitting to the Authority of the Pope she must at least tacitly allow his Dispensation for the Marriage of Henry the Eighth and Princess Katherine both which things would by consequence bastardize her and render her Reign and Life precarious The Papists quickly perceived their Oversight and to redeem that Error fell into a worse and refused to Crown their Sovereign whom they had but a little before unanimously Proclaimed but at length it was performed by Doctor Oglethorp Bishop of Carlisle on Sunday the twenty fifth of January 1558. Thomas Earl of Sussex was Lord Deputy of Ireland and with an Army of one thousand three hundred and sixty Foot and three hundred and twenty Horse had kept that Kingdom for some time in a more peaceable and quiet condition than usually him the Queen continued for a while and sent him Instructions written by Sir William Cecil's own hand viz. That a new Survey should be made of all Lands Spiritual and Temporal and no Leases to be made but on the best Survey Secondly Lib. C. The Leases for Customs of Ports not to be renewed without increase of Rent Thirdly Leix Offaly Irys Glanmaliry and Slewmarge to be distributed according to Act of Parliament to Tenants and their Heirs Males Fourthly The Exchequer to be regulated according to that of England and a Book about the Methods of the Exchequer Signed by the Queen and subscribed by the Officers of that Court was sent to the Deputy but not long after he was recalled and thereupon the Council elected Sir Henry Sydny Lord Deputy whose Government was something troublesom by means of Shane O Neal who took upon him the Name of O Neal and disclaimed the English Jurisdiction because by the Laws of England he could not inherit for Henry the Eighth had given the Earldom of Tyrone to Con O Neal with Remainder to his Son Matthew whom for the present he made Baron of Dungannon as hath been already related This Con had two Sons Matthew and Shane but Shane alledging that Matthew was a Bastard and the Son of a Smith of Dundalk as inded he had been reputed for fifteen years did claim the Inheritance and having murthered his Brother Matthew and imprisoned his own Father who thereupon died with grief he set up for himself and broke out into Rebellion The Lord Deputy marched to Dundalk to fortifie and defend the English Pale and sent for Shane O Neal who lay at a House of his six Mile from Dundalk to come to him thither but Shane desired to be excused and prayed that the Lord Deputy would be pleas'd to be his Gossip and that then he would come and do all that should be requisite for her Majesties Service and though this seem'd dishonourable that the Deputy should be Gossip to a Rebel before Submission yet the necessity of the Queens Affairs required it and therefore he consented and on the last day of January he and James Wingfield Christned the Child After the Solemnity was over the Deputy expostulated with Shane about his Rebellion O Neal alledged the Bastardy of Matthew and that Con's Surrender was void because he had but an Estate for Life in his Principality nor could have more by the Law of Tanistry nor could surrender but by consent of the Lords of his Country and that even by the English Laws the Letters Patens were void because there was no Inquisition taken before they were pass'd nor could there be any Inquisition till Tyrone were made Shire-ground That he was elected O Neal by the Country according to custom and that he is the legitimate Son and Heir of his Father and that his Title to all he claims is by Prescription The Deputy replied That the Matter was of great moment and that he doubted not but that the Queen would do what was right and just and therefore advised him to a quiet and loyal Deportment till her Majesties Pleasure were known and so they parted in a friendly manner and by this means Shane O Neal continued pretty quiet during this Deputy's Government but on the twenty seventh of August Thomas Earl of Sussex 1559.
Counsels near Your Majesty in opposition of the Parliament and favour of the Malignant Party of this Kingdom 6. It will bereave Your Parliament of that advantage whereby they were induced to undertake this War upon Your Majesties Promise that it should be managed by their Advice which cannot be done if Your Majesty contrary to their Counsels shall undertake to Order and Govern it in Your own Person Upon which and divers other Reasons We have resolved by the full and concurring Agreement of both Houses that We cannot with discharge of our Duty Consent to any Levios or raising of Soldiers to be made by your Majesty for this your intended Expedition into Ireland or to the Payment of any Army or Soldiers there but such as shall be employed and governed according to Our Advice and Direction and that if such Levies shall be made by any Commission of your Majesty not agreed too by both Houses of Parliament We shall be forced to interpret the same to be raised to the Terror of your People and disturbance of the publick Peace and hold our selves bound by the Laws of the Kingdom to apply the Authority of Parliament to suppress the same And We do further most humbly Declare That if your Majesty shall by ill Counsel be perswaded to go contrary to this Advice of your Parliament which We hope your Majesty will not We do not in that Case hold Our selves bound to submit to any Commissioners which your Majesty shall chuse but do Resolve to preserve and govern the Kingdom by the Counsel and Advice of Parliament for your Majesty and your Posterity according to Our Allegiance and the Law of the Land Wherefore We do most humbly Pray and Advise your Majesty to desist from this your intended Passage into Ireland and from all Preparations of Men and Arms tending thereunto and to leave the managing of that War to your Parliament according to your Majesties Promise made unto Us and your Royal Commission Granted under your Great Seal of England by Advice of both Houses in Prosecution whereof by God's Blessing We have already made a prosperous Entrance by many defeats of the Rebels whereby they are much weakened and disheartened and have no probable means of Subsistence if Our Proceedings shall not be interrupted by this Interposition of your Majesties Journey but that we may hope upon good Grounds that within a short time without hazard of your Majesties Person and so much dangerous Confusion to your Kingdoms which must needs ensue if you should proceed in this Resolution We shall be enabled fully to vindicate your Majesties Right and Authority in that Kingdom and punish those horrible Outragious Cruelties which have been committed in the murthering and spoiling so many of your Subjects and bring that Realm to such a Condition as may be much for the advantage of your Majesty and this Crown the Honour of your Government and the Contentment of your People For the better and mâ—re speedy effecting whereof We do again renew Our humble Desires of your Return to your Parliament and that You will please to reject all Counsels and Apprehensions which may any way derogate from that Faithfulness and Allegiance which in Truth and Sincerity We have always born and professed to your Majesty and shall ever make good to the uttermost with our Lives and Fortunes To this Answer The King made the following Reply We are so troubled and astonished to find the unexpected Reception and mis-understanding of our Message of the Eighth of April concerning our Irish Journey that being so â—â—ch disappointed of the Approbation and Thanks we looked for to that Declaration We have great cause to doubt whether it be in Our Power to say or do any thing which shall not fall within the like Interpretation but as we have in that Message called God to witness the Sincerity of the Profession of Our only Ends for the undertaking that Journey So We must appeal to all our good Subjects and the whole World whether the Reasons alledged against that Journey be of weight to satisfie Our understanding or the Counsel Presented to disswade Us from it be full of that Duty as is like to prevail over Our Affections For Our Resolving of so great a business without the Advice of Our Parliament We must remember you how often by Our Messages We made the same offer if you should Advise Us thereunto To which you never gave Us the least Answer but in your late Declaration told Us That ye were not to be satisfied with Words So that we had Reason to conceive you rather avoided out of regard to our Person to give Us Counsel to run that hazard than that you disapproved the inclination And what greater Comfort or Security can the Protestants of Christendom receive tâ—â—n by seeing a Protestant King venture and engage his Person for the defence of that Profession and the Suppressing of Popery to which We Solemnly protested in that Message never to Grant a Toleration upon what Pretence soever or an Abolition of any of the Laws there in force against the Professâ—rs of it And when We consider the great Calamities and unheard of Cruelties Our poor Protestant Subjects in that Kingdom have undergone for the space of near or full Six Months the growth and increase of the Strength of those barbarous Rebels and the evident Probability of foreign Supplies if they are not speedily suppressed the very slow Succours hitherto sent them from hence That the Officers of several Regiments who have long time been allowed Entertainment from you for that Service have not raised any Supply or Succour for that Kingdom That many Troops of Horse have long lain near Chester untransported 〈◊〉 the Lord Lieutenant of Ireland on whom We relyed principally for the Conduct and managing of Affairs there is still in this Kingdom notwithstanding our Earnestness expressed that he should repair to his Command And when We consider the many and great Scandals raised upon Our Selves by report of the Rebels and not sufficiently discountenanced here notwithstanding so many Professions of Ours And had seen a Book lately Printed by the Order of the House of Commons Entituled A Remonstrance of divers remarkable Passages concerning the Church and Kingdom of Ireland Wherein some Examinations are set down which how improbable or impossible soever may make an impression in the Minds of many of Our weak Subjects And Lastly when We duly weigh the Dishonour which will perpetually lye upon this Kingdom if full and speedy Relief be not dispatched thither We could not nor cannot think of a better way to discharge Our Duty to Almighty God for the defence of the true Protestant Profession or to manifest Our Affection to Our Three Kingdoms for their Preservation than by engaging Our Person in this Expedition as many of Our Royal Progenitors have done even in Foreign parts upon Causes of less Importance and Piety with great Honour to themselves and advantage to this Kingdom and
and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed ☞ and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges For as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament that they will be able and doubtless will clear all the Popish Party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected demands of the Confederates we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Counsellors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observationsâ— and experience of the aâ—aâ—rs and state of Ireland are better ablâ— to give your Majesty morâ— full and satisfactory answers touching the premises than we can and conceiving that the Collection in answer to the said Confederates Remonstrance which we humbly presented to your Majesty the Seventeenth of the last Month of April may in many things give your Majesty more light than these our answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite Append. XXIV Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General Governour of his Majesties Kingdom of Ireland for and on the behalf of His most Excellent Majesty of the one part And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part 1. IT is concluded accorded and agreed upon by his Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholick Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy and that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba I A. B. do truly acknowledge confess testify and declare in my conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or their Crown or Dignity and do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors or to the Lord Deputy or other Governour for the time being all Treasons or Trayterout Conspiracies which I shall know or hear to be intended against his Majesty or any of them and I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman-Catholick happen to be promoted presented or advanced to any Ecclesiastical Promotion Dignity or Benifice according to the form now used in the Protestant Church of Ireland that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick Or if any being a Protestant be advanced promoted or presented to any Ecclesiastical Benefice Dignity or Promotion shall afterwards happen to become a Roman-Catholick that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said Benefice Dignity or Promotion according to the said Statue and it is further concluded accorded and agreed by and between the said Parties that for all matters concerning the first Proposition of the said Catholicks viz. That all Acts made against the Professors of the Roman-Catholick Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland may be Repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion That His Majesties said Roman-Catholick Subjects be referred to His Majesties gracious Favour and further Concessions and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects or any of them from the benefit of His Majesties further Graces and Concessions and that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman-Catholick Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholick Subjects to be accordingly drawn into Bills and transmitted according to the usual manner to be afterwards passed as Acts in the said Parliament 2. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution here or
Allegiance in haec verba viz. I A. B. do hereby acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other his Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
Protestant Doctrines about Free-Will Predestination and Justification and illustrates the Doctrine of Justification by this plain Simile viz. As the Eye only sees yet if separated from the Body cannot see so Faith alone justifies yet if it be alone that is if it be separated from good Works it cannot justifie because saving Faith is always a fruitful Faith he shews that S. Patrick and Paladius opposed and confuted the Errors of Pelagius and Celestius about the Grace of God and both Claudius and Sedulius affirmed That no Man is without Sin except the Man Christ Jesus and that there is no Perfection in this Life and whatsoever Men have from God is of Grace because they have nothing of due The third Chapter treats of Purgatory and Prayer for the Dead and first he shews the Cheat of S. Patrick's Purgatory which that good Man never dream'd of his Treatise de tribus habitaculis relates to Heaven Earth and Hell and has not the least mention of Purgatory it was a later Invention of the Monks and so firmly believed by their Votaries that S. Caesarius a German Monk has the confidence to advise all those who doubt of Purgatory to go to Ireland to S. Patrick's Purgatory in Loghdirge and he shall be convinced And Doctor Tyrry assures us That it is famous over all Europe but O Sullevan has gone farther Sullevan 23 and in his Catholick History of Ireland has given us the description of the Rooms and Furniture in this Purgatory and the several sorts of Punishments inflicted there and has acquainted us with the Methods of getting in and safely getting out again But after all this has proved the most fulfom Cheat that ever was imposed on Mankind and being about the Year 1636 digged up by the Order of the Lords Justices this Purgatory was found to be a small Cave under Ground where the Damps arising from the Earth so influenced crazy Melancholy People as to make them dream or fancy whatever they were beforehand told they should see But to proceed the Primate quotes the Saying of Sedulius and the Canon of an ancient Irish Synod That after this Life either Life or Death succeedeth and that Christ has loosed our Guilt and finished our Punishment He shews the Forgery of a story on S. Brendan inserted into the new English Legend but not to be found in the Ancient Manuscript He observes That the Oblations made for the Dead in former times were Sacrifices of Thanksgiving and not of Propitiation because they were made for such as they were confident were in Heaven as for S. Brendon c. And he concludes with the Saying of Claudius and Colombanus That when we come to the Judgment Seat neither Job nor Daniel nor Noah can intreat for any one but every one must bear his own Burthen To which I add the Saying ascribed by the Synod to S. Patrick mentioned page 36. He who deserveth not to receive the Sacrifice in his Life how can it help him after his Death In the fourth Chapter he cites Sedulius telling us That 't is Impiety to adore any other but God and reproving the Heathen for Simplicity in thinking that the Invisible God would be worshipped by a Visible Image to which Claudius adds That God is not to be worshipped in Metal nor in Stone And S. Patrick assures us That no Creature is to be sworn by but only the Creator And as for the Liturgy there was no Uniformity therein but several Forms of Divine Service were used in divers Parts of the Kingdom that the Roman Use began to be introduced by the Pope's Legate in the twelfth Century and was perfected by Christianus Bishop of Lismore in the Synod of Cashel and confirmed by Henry II wherein it was ordered That all Divine Offices of Holy Church should thenceforward he handled in all Parts of Ireland according as the Church of England did observe them The Word Mass is synonimous to Liturgy and therefore used for Evening Prayer but it commonly signifies the Sacrament being the principle Part of Divine Service and the Word Sacrifice did import then what we understand by the Word Sacrament now and might be either offered to God or given to the People and not as the Mass is now wherein the Priest doth all He farther sheweth that they received the Sacrament in both kinds and instances Hildmer's Wife and S. Bridget and her Companions c. and particularly that the Popish Legends mention That one of S. Bridget's Miracles happened when she was about to drink out of the Chalice He shews that the Holy Men of those Ages did use the Phrase of Scripture and called the Sacrament the Body and Blood of our Saviour because they thought the Impossibility and Unreasonableness of Transubstantiation would secure Mankind from Mistake for Christ being alive in Heaven cannot be corporally in the Sacrament because he is there represented as Dead and his Body Broken and his Blood Shed and there is no such thing in rerum natura for Christ being Raised from the Dead dyeth no more Rom. 6. 9. He quotes Sedulius and Claudius Henry Crump and Johannes Scotus distinguishing between the Sacrament and the Body of Christ that was crucified In Chap. 5 he proves by the Epistle of Lanfrank to King Tiâ—lagh That the Irish did not use Chrism in Baptism and by the Testimony of S. Bernard That the Irish in his time did not understand or did neglect Confession Confirmation and Marriage he proves that Confession in former Times was Publick and that Penance was but a Testimony of Penitence and always preceded Absolution and cites Claudius to prove that Sacerdotal Absolution is declarative and ministerial and not absolute Sedulius calls Marriage a Gift but not Spiritual ergo 'tis no Sacrament the Synod attributed to S. Patrick prohibits the Incest of marrying a Brother's Wife which was the Case of Henry VIII and Kilianus suffered Martyrdom for dissolving such an Incestuous Marriage by Gozbertus Duke of Franconia and that Clemens Scotuâ— was condemned by the Council of Rome anno 745 as a bringer in of Judaism among Christians by maintaing such Incestuous Marriages which Cambrensis says were common in Ireland he proves by Sedulius and S. Patrick That no Divorces were to be made except for the Cause of Fornication and that Coelibacy was so far from being enjoyned the Clergy That S. Patrick's Father was Calphurnius a Deacon and his Grandfather Potitus a Priest There was Order taken in the Synod held by S. Patrick Auâ—ilius and Isserninus That the Wives of the Clergy should not walk abroad with their Heads uncovered and Gildas reprehends the Clergy for corrupting their Children by evil Example and he proves by the Epistle of Pope Innocent III That the Sons and Grandsons did use to succeed their Fathers and Grandfathers in Ecclesiastical Benefices To which I add That this was so true in the See of Armagh that they feared that Archbishoprick would be made hereditary no less than ten
undertaken the Crusado I cannot determine which but for the one reason or the other he was removed and Henry de Londres Archbishop of Dublin April 23. 1219. was made Lord Justice and continued so for five years he was nick-named Scorchvillein Holingsh 32. by the Irish because they said he burnt his Tenants Leases and other Writings which they brought to shew him but this silly Story is not to be believ'd of so Learned a Man and so good a Governour as every body allows this Archbishop to have been especially since it is not denied but that he suffered all his Tenants to enjoy their Farms even according to their Claims It was this Lord Justice that built the Castle of Dublin anno 1220. 1220. And about the same time died at London William Earl Marshal Protector of the King and his Kingdoms Some Irish Antiquary was so silly to think he was call'd Marshal quas◠Mars his Seneschal for he was indeed a very warlike Man He was succeeded by his Son William against whom the Bishop of Fernes complained to the King That his Father had disseis'd the Church of two Mannors for which reason he was excommunicated and so died The King commanded the Bishop to go to the Earls Tomb and to absolve him and promis'd that he would endeavour his Satisfaction Hanmer 176. Whereupon the Bishop accompanied with the King went to the Grave and said O William that here liest wrapped in the Bonds of Excommunication if what thou hast injuriously taken be restored by the King or thy Heir or thy Friends with competent satisfaction I absolve thee otherwise I ratifie the Sentence that being wrapped in thy Sins thou maist remain damned in Hell for ever The King was dissatisfied with the rigour of the Bishop but could not prevail with the young Earl to part with any thing of his Estate wherefore the Bishop confirm'd his Curse and it brought no small Veneration to the Clergy that this Earl and his four Brethren died without Issue which the Superstitious People thought to be the Effect of that Execration The young Earl Marshal had great Contests with Hugh de Lacy Earl of Vlster 1221. so that Meath was wonderfully harass'd between them Trim was also besieged and reduced to an ill condition but it had the good Fortune to escape this Brush Hanmer 189. and to have a strong Castle built soon after to prevent the like Calamities for the future 6 Hen. 3. About this time Davis 15. 123. the King granted to O Brian King of Thomond the Country of Thomond habendum during the Kings Minority rendring an hundred and thirty Marks per annum which is the only Grant made by the Crown of England to any meer Irishman to that time except that to the King of Connaught And before this Davis 124. viz. 3 H. 3. Richard de Burgo for one thousand pound obtained a Grant of all Connaught to him and his Heirs after the Death of the then King of that Country The Lord Justice who was also Archbishop and Legate did in his Spiritual Capacity too much encroach on the Temporal Jurisdiction and therefore upon the Complaint of the Citizens of Dublin Aug. 9. 7 H. 3. he had a notable increpatory Writ sent to him 1222. which is to be found in Prin's Animadversions on the fourth Instit 251. And at the same time the King sent another Writ to the Justice to redress a Nusance to the Harbour and Citizens of Dublin Prin 251. according to the Law of England I find some Reasons to believe that the Lord Justice Londres was sent for to England anno 1220 and his Room supplied by Geofry de Marisco till his Return Octob. 28. the same Year but however that be it is certain that after this Justice had govern'd Ireland five Years he was removed And most probably was succeeded by 〈…〉 William Earl Marshal 1224. Lord Justice In whose Time in May 8 Hen. 3. Lacy was so effectually pursued that he was forced to submit and the same Year was pardoned About the same Time the King prohibited Appeals to be made to the Pope Lib. Z. Z. and by his Letter to the Archbishop of Armagh Lamb. 19. severely reprimanded him for sending to the Pope about Causes Ecclesiastick The King in the fifth Year of his Reign had granted to the Citizens of Dublin towards walling their City three Pence out of every Sack of Wool six Pence for every Last of Hides and two Pence out of every Barrel of Wine sold in their City 1225. and now 9 Hen. 3. he gave them fifty Marks in Mony to the same purpose On the tenth Day of June 10 Hen. 3. A Writ was sent to the Lord Justice to seize on the Country of Connaught forfeited by O Connor 1226. and to deliver it to Richard de Burgh at the Rent of three hundred Marks for the first five Years and afterwards of five hundred Pound per annum except five choice Cantreds near Athlone which I suppose were designed for the Conveniency and Support of that Garrison But on the first Day of August 10 Hen. 3. Geofry de Marisco was made Lord Justice and had a Sallary of five hundred Marks payable out of the Exchequer granted unto him It is probable That soon after his Arrival his Predecessor William Earl Marshal repaired to Court to give the King an Account of his Administration And the Irish were forward to take Advantage of his Absence and the ill Posture of the King's Affairs in Ireland and therefore to make the best Use they could of this Opportunity they made so general a Confederacy that their Army amounted to twenty thousand Men Sperantes says my Author se posse omne genus Anglorum ab Hiberniae finibus exterminare But all this Ostentation came to nothing and this numerous Rabble were without much Difficulty defeated by Hugh de Lacy and Richard de Burgh and their Followers And the Irish General O Connor King of Connaught was taken Prisoner The King Lib. GGG in the fifth Year of his Reign wrote to all the Ports of Ireland Lambeth To make some Gallies in their respective Havens for the Defence and Security of him and his Kingdom of Ireland And in the tenth Year of his Reign he prevailed with the Pope to write to the Irish Bishops to give him a Subsidy 1227. And now the eleventh Year of his Reign the Pope did write to the Clergy To give Subsidiary Aid to the King Which it seems was effectual for I find this Entry on the Roll. 11 Henric. 3. Rex habuit auxilium de Hibernia And the same Year the Lord Justice received a Writ To aid the Episcopal Excommunication with the Secular Arm as was usual in England which is to be found at large Prin's Animadversions Prin 252. 252 and bears Date the eighteenth of January And there was also a Writ or Charter enjoyning
them to secure the Peace of the Nation And sent them farther private Instructions by Robert Waspail who carried those Letters to whom he commanded them to give Credit And not long after the Lord Justice was removed and David Barry the worthy Ancestor of the Noble Family of Barrymore was made Lord Justice 1267. he so managed the Giraldines that he took from them the Castle of Sligo and all their Lands in Connaught and thereby put an End to those Wars and Differences that were between them and the Burks And in his Time the Friers Preachers were setled at Ross Kilkenny and Clonmel Sir Robert de Vfford was made Lord Justice of Ireland 1268. and began to build the Castle of Roscomon In his Time Cnoghor O Brian of Thomond was slain i.e. murdered by Dermònd mac Monard and Maurice Fitz-Girald not of Desmond as the Annals say but Son of Maurice Lord Justice anno 1272 was drowned between Ireland and Wales And about this Time came over a Writ from the King to levy Aurum Reginae for Elianor the Prince's Wife as was used in England which you may read at large 4 Inst 357. On which I will make but this one Remark That if the Sovereignty of Ireland were in the Prince how comes the King to send the Writ But it will evidently appear by the following Writ That the Prince had not the Sovereignty of that Kingdom CVm Rex per Cartam suam concessit Edvardo 52 Hen. 3. primogenito suo Terram suam Hiberniae cum pertinentiis Lib. GGG c. habendum sibi haeredibus suis Lambeth ita quod non separetur a Corona Angliae idem Edvardus sine Licentia Regis alienationes quorundam terrarum tenementorum spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis quod idem rex sustinere voluit ideo nunc dedit potestatem mandatum nepoti suo filio Regis Alemani the Son of Richard Earl of Cornwal King of the Romans revocandi omnia maneria terras tenementa quae dictus Edvardus filius Regis sic alienavit post feofamentum praedict c. Richard de Excester 1269. Lord Justice In whose time Othobon the Pope's Legate made excellent Constitutions at London He made a more firm Peace and Reconciliation between the Burks and Giraldines And not long after died and Sir James Audly 1270. or de Aldethel was made Lord Justice and had a very unfortunate Government of it for the Irish were every where troublesome Fragm M. S. Quasi omnes Hiberni guerraverunt omnes munitiones Fortifications in Ophaly praeter Castrum de Lega Ley destructi sunt Anglici inde expulsi magna strages utriusque nationis facta est in Connacia The Irish burn'd spoil'd destroyed and slew as well Magistrates as others and the King of Connaught in plain Field defeated Walter Burk Hanmer 202. Earl of Vlster and killed a great number of Nobles and Knights and particularly the Lords Richard and John Verdon and a great Famine and Pestilence the natural Consequences of War spread over all Ireland and sorely afflicted the whole Kingdom The Castles of Aldleck Roscomon and Scheligah perhaps Sligo were destroyed Nevertheless the Pope without Regard to these Universal Calamities required the Tiths of all Spiritual Promotions for three Years to maintain his Wars against a Christian King viz. of Arragon and tho' the People murmured and their Poverty and Misery pleaded loudly for them yet the rapacious Nuntio would not go empty away On the 23 of June 1272. the Lord Justice was killed by a fall from his Horse in Thomond and Maurice Fitz-Maurice Fitz-Girald was made Lord Justice 1272. and so continued till the sixteenth Day of November at which time the King died in Peace and full of Days in his Palace at London having reigned longer than any King since the Conquest viz. six and fifty Years c. THE REIGN OF EDWARD I. King of England c. And LORD of IRELAND EDWARD the First from the Talness of his Person Nicknamed Long-shanks succeeded his Deceased Father in all his Dominions on the 16th Day of November 1272 but he being at that time absent in the Holy Land the Nobility took care to keep all quiet until his Return and then on the 15th Day of August 1274. he was Crowned by Robert Archbishop of Canterbury Maurice Fitz-Maurice Fitz-Girald continued Lord Justice and to him Ware de pres 34. and to Hugh Bishop of Meath Lord Treasurer and to John de Sandford Escheator was a Writ sent December 7. 1272 Commissioning them to receive the Oaths of Fealty and Allegiance to the new King of all the Nobility Gentry and Commons of Ireland And the Lord Justice had another Writ of the same Date to proclaim the Kings Peace and to preserve it wherein 't is said That the King is willing and able by Gods Help to defend and do Justice to his People great and small And the Government of England being informed Prin. 256. That Avelina Countess of Vlster and Widow of Walter de Burgo had been endowed illegally both as to Quantity and Quality a Writ issued in the Kings Name to the Seneschal of Vlster to rectifie that Matter according to the Law and Usage of England In the mean time the Irish took advantage of the Kings absence from England and thought it an opportune Season to rebel 1273. they destroyed the Castle of Roscomon Aldleek Scheligath and Randon and found means to corrupt some of the Lord Justice Followers whereby he was betrayed into their hands in Ophaly and there taken and imprisoned whereupon Walter Genevil newly returned from the Holy Land was sent over Lord Justice Octob. 1273. to him a Writ was sent not to molest the Archbishop of Cashel for any Debts due from him to the King till his Majesties Return to England The Islanders and Red-shank Scots made a sudden incursion into Ireland and burnt several Towns and Villages killing Man 1274. Woman and Child most inhumanely and got away with vast Booty before the Country could get together or put themselves in a posture to prevent or resist this unexpected Torrent but not long after Richard de Burgo and Sir Eustace le Poer served them in their kind and entred the Islands and burnt their Cabbins and Cottages slew all they met with and smoakt out those that had hid themselves in Caves after the same manner that is used in smoaking a Fox out of his Earth Rosâ—omon-Castle was once again repaired 1275. or rather reedified and Mortagh a strong Tory being taken Prisoner by Sir Walter le Faunt was executed but the Lord Justice being recalled Sir Robert de Vfford was made Lord Justice 1276. in whose time Thomas de Clare Son of the Earl of Glocester came into Ireland and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald though some say it was anno 1274. There is little
Officer under the King that entred very poor could in one Year heap up more Wealth than Men of great Estates in many Years And III. How it chanced since they were all called Lords of their own that the Sovereign Lord of them all was never the richer for them The King who knew what they aimed at was very unwilling to restore the Lands and Jurisdictions he had resumed and therefore tryed all other ways to reform the Kingdom and please the People He turned out many of his Judges and Officers that were most obnoxious particularly Elias de Ashbourn whose Estate he caused to be seized Thomas de Montepessulano and Henry Baggott Judges of the Common Pleas He sent a Writ to the Lord Deputy to certifie the Qualities Services Fees Number and Behaviour of his Officers in Ireland He ordered that all Pardons or Suspensions of the King's Debts that were by green Wax or otherwise except Pardons or Releases under the great Seal should be vacated and the Debts levyed He also commanded the Lord Justice Darcy or his Deputy to employ no others in any considerable Office than such Englishmen as had Estates in England and to turn out all that were not so qualified And also enjoyned him not to alien or grant any of the King's Lands until he be fully informed of the Circumstances by Inquisition And whereas the Treasurer of the Exchequer did claim a Privilege to dispose of any Sum under one hundred Shillings toties quoties as he pleased without Voucher or Account the King supersedes that evil Custom and orders him to account for what is past since the beginning of his Reign and to issue no more Mony without the Presence or Consent of the Lord Justice Lord Chancellor and Council And whereas the Treasurer used to name Sheriffs that Nomination is conferred on the Chief Governour and Chancellor and Council who are enjoyned to put in Persons fit for the Office And whereas the Treasurer for Rewards used to forbear the King's Debts so that many of them were lost that Practice is also prohibited for the future And the Treasurer is ordered Not to receive the King's Mony in his Chamber or elsewhere privately but only in the publick Office The King also sent a Writ to be certified of the Particulars which were seized by virtue of the aforesaid Writ of Resumption And John Darcy Senior had an Order to have his Part of those Lands restored The Lord Justice the Deputy and the Chancellor or any two of them were authorized to supervise and regulate the Exchequer And yet all this and whatever else the King could do did not quiet the Kingdom until there was a general Restitution of these resumed Estates which was done 26 Edw. 3. And it must not be forgot that Walter Archbishop of Ardmagh Pryn 277. being in the time of Edw. 2. advanced to that See by the Popes Provision wherein were some Clauses prejudicial to the Crown the King refused to restore the Temporalities unto him until he had renounced all Clauses in the Pope's Bulls prejudicial to the King or his Kingdoms and engaged to pay a Fine of one thousand Crowns for that Misdemeanour but the Archbishop died before the Fine was paid And about this time Process issued to levy the same on the Temporalities of his Successor but it was irregular and illegal and therefore the King superseded that Process and directed that it should be levyed of the Heirs or Executors of the said Walter And about this time John Larch Prior of the Hospital of S. John of Jerusalem in Ireland and Mr. Thomas Wogan were sent to the King by the Prelates Earls Barons and Commons of Ireland with a long Catalogue of the Grievances of those Times to be seen at large together with the King's Answer in Mr. Pryns Animadversions 279. But Whether these Agents were sent from the Parliament at Dublin or the discontented Assembly at Kilkenny non constatâ— But 't is certain that not long after the Lord Justice was removed and Sir Ralph Vfford came over Lord Justice 1334. he married the Countess Dowager of Vlster and was a grave severe Man and the likeliest Person of that Age to reduce the Seditious to their Duty however the Irish and the old English speak very hardly of him and after they had given him the worst Character imaginable they add That there was a continual Tempest in Ireland from the time of his landing to the Day of his Death Camb. 189. 'T is certain they hated him so that in Sight of the People and at noon-day he was robbed of his Cloaths Mony Plate and Horses by Mac Cartane at Emerdullin no Body endeavouring to help or rescue him nevertheless he afterwards raised the Men of Vrgile and gained the Pass and entred Vlster On the twenty fourth of November the King and Parliament at Notingham made Ordinances for the Reformation of Ireland which are the same mentioned already 17 Edw. 2. ante pag. 112. which is there mistaken for 17 Edw. 3. as I suppose for though both my Lord Cook and Mr. Pryn quote 17 Edw. 2. yet I rather believe both their Books are misprinted than that the same Ordinances should be repeated at the same Place and in the same Year of both Kings But however that be my Lord Cook adds this Clause Volumus praecipimus quod Nostra Terrae nostrae negotia praesertim majora ardua per Peritos Conciliarios ac Praelatos 4 Inst 350 351. Magnates quosdam de discretioribus Hominibus i.e. the Commons in Parliamentis tractentur disâ—utiantur terminentur Vide postea ad annum 1357. And this he says does regulate the Parliaments of Ireland according to the Institution of England for before this time the great Meetings in Ireland were rather general Assemblies of the Great Men than properly Parliaments I find it asserted in the Argument of a Case about the Precedency of the Lord of Kerry before the Lord of Slane 12 Jac. 1. that the first regular Parliament in Ireland was held anno 12 Edw. 3. but I do not find any other Authority that there was any Parliament held that Year at all Certainly the greatest Assembly that was at any time in either of these King's Reigns at Parliament was anno 1302. being 30 Edw. 〈◊〉 the Number upon the Parliament Roll amounting to no less than one hundred fifty six The Parliament 8 Edw. 2. was nevertheless more considerable because of the Quality of the Persons for there were the four Archbishops ten Bishops the Abbot of S. Thomas the Prior of Kilmainham and the Dean and Chapter of Dublin There were also many Irish Lords as O Hanlon Duke i.e. Dux Captain or Chief of Orry O Donel Duke of Tyrconnel O Neal Duke of Tyrone c. and almost all the English Nobility in Ireland Others make a distinction between Grand and Petit Parliaments Lib. M. Lambetâ— the former were properly Parliaments and in them the
twenty pence or two shillings from every one that passed the Seas On the twenty fifth Day of March the King knighted four Irish Kings 1395. Selden tit hon 842. and some other great Lords whereof Mr Selden out of Froisart gives the following Account Four Kings of several Provinces in Ireland that submitted themselves to Richard II were put under the Care of Henry Castile an English Gentleman who spake Irish well in order to prepare them for Knighthood by the Kings Command he informed them of the English Manners in Diet Apparel and the like He asked them If they were willing to take the Order which the King of England would give them according to the Customs of England France and other Countries They answered They were Knights already and that the Order they had taken was enough for them and that they were made Knights in Ireland when they were seven Years Old and that every King makes his Son Knight and if the Father be dead the next of Kin does it and that the manner is thus The new Knight at his making runs with slender Lances against a Shield set upon a Stake in a Meadow and the more Lances he thus breaks the more Honour continues with his Dignity But Mr. Castile told them They should receive a Knighthood with more State in the Church and afterwards being perswaded and instructed especially by the Earl of Ormond they did receive Knighthood at Christ-Church Dublin after their Vigils performed in the same Church and a Mass heard and some others were knighted with them but the four Kings in Robes agreeable to their State sate that Day with King Richard at the Table And so Davit 202. when the King had supplied the Courts of Justice with able Men particularly with Sir William Hankford Chief Justice who was afterwards Chief Justice of England and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow he returned to England about Midsummer 1394. as I suppose for on the fourth of July 1394 Roger Mortimer Earl of March was sworn Lord Lieutenant Pryn. 294. And not long after the aforesaid excellent Ordinances of 31 Edw. 3. were ratified revived and exemplified and sent into Ireland to be more duly observed than hitherto they had been But the Scene was changed and the Irish despising the weak Forces the King had left behind him began to lay aside their Mask of Humility and to make Incursions into the Borders of the Pale Nevertheless the English were not daunted their Valour supplyed what was wanting in their Number Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham with their Forces slew six hundred of the Irish and their Captain Mac Con and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow and took O Birnes House whereupon the Lord Lieutenant made seven Knights But this Victory was much overballanced by the Loss of forty principal Englishmen slain by the O Tools on Ascension-day and not long after by the Death of the Lord Lieutenant himself who was slain at Kenlis in Ossory by the O Birnes on the twentieth of July 1398. And thereupon Roger Gray was chosen Lord Justice 1398. pro tempore until the King sent over his half Brother Thomas Holland Duke of Surry Lord Lieutenant 1398. who landed at Dublin the seventh of October 1398. but did not long continue in that Office before the King pretending a Resolution to revenge the Death of his Cousin and Heir the Earl of March who was slain by the Irish as aforesaid He left the Government of England in the Hands of his Vnkle the Duke of York And on the first Day of June Richard 1399. King of England landed at Waterford with a good Army which he marched to Dublin through the wast Countries of Murroughs Kinshelaghs Cavenaghs Birns and Tooles but the Army was much distressed for want of Victuals and Carriages in those Deserts so that he performed no memorable Exploit save that he cut and cleared the Paces in the Cavenaghs Country and knighted Henry the Duke of Lancaster's Son afterwards Henry V for his briskness against the Irish On the sixth of June being the Friday after the King's arrival Jenico de Artois his faithful Gascoign slew two hundred Irish at Ford in Kenlis in the County of Kildare And the next Day the Citizens of Dublin made Incursions into Wicklow and killed thirty three Irishmen and took eighty Prisoners And on the twenty sixth of June the King came to Dublin and received the Submission of many Irish Lords But whilst he was consulting how to proceed he received the unwelcome News of the Duke of Lancaster's Progress in England whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym and though he sent the Earl of Salisbury before him to gather an Army in Wales yet the King followed after so slowly that the Army was disperst before he arrived in England with which Misfortune his Courage fell so that on Michaelmass day he tamely surrendred the Crown and gave a just occasion for this true Remark Baker 152. That never any Man who had used a Kingdom with such Violence gave it over with such Patience He was afterwards deposed by Parliament and several Articles exhibited against him one of which was That he forced divers Religious Persons in England to give Horses Arms and Carts towards the Irish Expedition And another was That he carryed into Ireland the Treasure Reliques and other Jewels of the Crown which were used to be kept in the King's Coffers from all Hazard The King created Edward Plantagenet Earl of Cork in the twentieth Year of his Reign And the same Year gave a Licence under the Privy Seal to William Lord Courcy to buy a Ship to pass and repass to and from England And in this Reign happened this famous Case One Thomas a Clerk in England obtained a Judgment at Westminster against Robert Wickford afterwards Archbishop of Dublin and upon Affidavit That the Defendant lived in Ireland and had Goods and Lands there and the Sheriffs Return That he had no Lands nor Goods in England the Plaintiff had a Writ against the said Archbishop in haec verba IDeo vobis mandamus quod de terris catallis ejusdem Roberti Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict decem libras illas habeatis coram c. This Archbishop died anno 1390 so that this Writ must issue before that time THE REIGN OF HENRY IV. King of England c. And LORD of IRELAND HENRY Duke of Lancaster eldest Son of the famous John of Gaunt fourth Son of King Edward the Third upon the Resignation of King Richard procured him to be deposed in Parliament and himself to be elected King and the Crown to be entailed on him and the Heirs of his Body His Claim was as Heir to Henry III but finding that
this he did because he was then in Rebellion against Henry the Sixth and to encourage his Partizans to repair to him in Ireland and by vertue of this Act he Executed William Overy Esq who was Servant to the Earl of Ormond And now the Abettors of Lambert Symnel and Perkin Warbeck which are the Lads mentioned in the new Statute excused themselves upon the aforesaid Act and therefore it was now repealed and all Receivers and Maintainers of Traytors are by this Act made guilty of Treason and Obedience is commanded to be paid to the Great Seal and Privy Seal of England and to Letters Missive under the Kings Signet IV. The Famous Statute commonly called Poyning's Act That no Parliament should for the future be holden in Ireland until the Chief Governor and Council do first certifie the King under the Great Seal of that Land as well the Causes and Considerations as the Acts they design to pass and till the same be approv'd by the King and Council and a Licence thereupon do issue from the King to summon a Parliament and that all Parliaments hereafter holden in other manner be void and of none effect And it is to be noted That this Act was by the Statutes of 28 Hen. 8. c. 4. c. 20. suspended as to that Parliament and by the Statute of 3 4. Philip and Mary it is very excellently and at large explained and by the Statute of 11 Eliz. c. 1. Poyning's Act was again suspended or superseded as to that Parliament in confidence that their most worthy Governour Sir Henry Sydny would not pass any Bills prejudicial to the Queen or the Kingdom but because they had not the same Assurance of their future Governours they did upon second thoughts and in another Session make a Law 11 Eliz. c. 8. That no Bill should for the future be certified into England for the Repeal of Poyning's Act until first such Bill should be approved of by the Majority of both Houses of Parliament in Ireland nevertheless whenever it shall happen that the English and Protestant Interest in Ireland shall overtop its Enemies and make a Majority in Parliamentary Assemblies that Act of Poyning's which was made only to help the English when too weak for the Irish will be obsolete and useless when the Irish Popish Interest becomes inconsiderable V. That all the Statutes against Provisors made in England or Ireland be put in execution here VI. That no Citizen or Townsman receive Livery or Wages from any Nobleman or Gentleman neither engage themselves by Indenture or otherwise to any Lord or Gentleman on pain of being disfranchis'd and expell'd the Corporation and the chief Magistrate to forfeit Twenty Pounds if he fail to punish the Transgressors of this Law and that no Lord or Gentleman shall retain any other but his Officers and Menial Servants on pain of Twenty Pounds VII That none be Aldermen Jurors or Free-men in any Town but such as have been Apprentices or constant Inhabitants there and that no man be Mayor but one known to be Loyal nor no Lord or other be made privy to their Consultations except their Recorder on pain of an hundred Marks and all their By-Laws contrary to the Kings Prerogative and Jurisdiction to be void and that this Act be recorded in every Corporation VIII That the Statutes of Kilkenny be confirm'd and executed except those about the Irish Language and riding on Saddles IX That the Subjects keep Bows and Arrows X. That the Captains of Marches do present the Names of their Retinue by Indenture that they may answer for their Defaults and that it be Felony to succour or willingly suffer Rebels or Enemies to pass and re-pass the Marches and that every Proprietor of Land in the Marches do reside thereon or appoint a sufficient Deputy to do so on pain of losing his Estate during his Absence and that all People near the Marches from Sixteen to Sixty be ready on warning in their best defensible Array to defend the same XI That no man compound for the Death or Murder of his Friend or Relation nor revenge it but according to Law XII That no man keep Fire-Arms after Proclamation on pain of Twenty Pounds XIII That it be Treason to stir up the Irishry to make War on the English or any body to make war against the chief Governour of Ireland XIV That one of the Realm of England be Constable of the Castle of Dublin and the like of Trim Lexlip Athlone Wicklow Green-Castle Carlingford Castlefergus repeal'd 11 Car. 1. c. 6. And hence arose the vulgar Error That no man can be Lord Lieutenant of Ireland but an Englishman born XV. An Act about the Records of Vlster Conaught and Trim. XVI That the Lords appear in their Robes every Parliament on pain of one hundred Shillings XVII That no man shall make Peace or War without the Consent of the Chief Governour on pain of one hundred Pounds c. for it is to be noted that before this time every Lord made War or Peace as he pleased without Pay or Commission XVIII That no man take Money or Horsemeat by colour of Gift Reward or otherwise by reason of any Menace and if he do the Giver is to forfeit an hundred Shillings unless he complains seasonably and the Taker is to suffer the Punishment appointed for the Takers of Coyn and Livery XIX That the Souldier shall pay three halfpence a Meal and his Man a Penny and a Penny for six Field-sheaves of Oats and Litter according and whoever refuses to quarter Souldiers at this Rate forfeits twelve pence a time unless he be a Man of twenty Marks Estate per annum and except Cities and Corporate Towns XX. That the Words Cromabo and Butlerabo and such like Words of Faction be abolished XXI That wilful Murder be High Treason XXII That all the Statutes late made in England concerning or belonging to the Publick Weal be henceforth good and effectual in Ireland And XXIII That the Statutes made by the Lord Gormanstown aforesaid he repeal'd and null There were many other Statutes made at this Parliament Lib. D. although they are not Printed Davis 171. One was That the King should have a Subsidy of twenty six shillings and eight pence out of every sixscore Acres of Arable Land in lieu of Purveyance which it seems was together with Coyn and Livery supprest by that Act Rot. Parl. c. 4. And another Act gave Power to the Lord Treasurer to govern the Kingdom on the Death or Surrender of the Chief Governor until the Kings Pleasure were known There was also an Act made in favour of the Knights of St. John's of Jerusalem to resume all their Possessions alienated by Prior Keating or his Predecessor Thomas Talbot and to restore the Jewels and Reliques they had pawn'd to depose the Preceptors they had placed in the Commanderies and that no man but an Englishman should be Prior for the future Another Act made a general
Faghil Abbot of Derry and Richard O Craghan 1531. who in the behalf of their Master perfected Indentures and swore Fealty to the King in presence of the Lord Deputy Davis 105. at Tredagh on the sixth of May 1531. And at the same time it is probable he made the Proposal mention by Sir John Davis Quod si Dominus Rex velit reformare Hiberniam He and His would gladly be governed by the Laws of England O Sullevan tells us a Story Sullevan 77. with great Ostentation That an English Ship took a Spanish Vessel that was fishing on the Coast of Ireland near the Dursies And that his Grand-Father Dermond O Sullevan Prince of Bear and Bantry having notice of it manned out a small Squadron of Ships and took both the Englishman and the Spaniard and hanged the English Captain but set the Spaniard at Liberty By which may be easily perceived What sort of Inclinations that sort of Men bear to an Englishman and what kind of Loyalty they paid to their King when they murdered his Subjects and cherished his Enemies But the Animosities and Feuds between the Lord Deputy and the Earl of Kildare did every Day increase and at length came to that height that they reciprocally impeached each other in England and Kildare did wisely to sail thither and personally solicite his own Affairs which he managed so successfully that Skeffington was superseded and Girald Earl of Kildare made Lord Deputy in his stead He also procured Alan the Lord Chancellor a Creature of Wolsies to be removed and Cromer Primate of Armagh to be placed in the Chancery July 5. 1532. in his room Nevertheless lest Kildare should grow too powerful the King to ballance him gave the Lord High Treasurers Staff to James Lord Butler who notwithstanding that he was Kildare's Nephew was nevertheless his bitter Enemy and heartily espoused the Quarrels of his Father the Earl of Ossory as it was his Interest and Duty to do But the Earl of Kildare having again gotten the Supreme Power into his Hands little valued the Opposition of his Enemies On the contrary he was transported with the Contemplation of the prodigious Success he had hitherto met with and presumed so far on its continuance that he precipitated himself into many vain and unaccountable Actions for he not only married two of his Daughters to O Connor and O Carol obstinate Enemies to the Crown of England but also with his Forces invaded Kilkenny and destroyed all he found belonging to the Earl of Ossory and his Friends he also persuaded his Brother John Fitz-Girald and O Neal to invade the County of Louth which they burned and preyed without Resistance And all these Extravagances contributed to the Destruction of a Noble Family and to leave this Earl of Kildare an Example to Posterity of the great folly of using Power immoderately On the nineteenth of May 25 Hen. 8. which was anno 1533 and not 1534 as is mistaken in the printed Statutes the Parliament met and enacted I. That sturdy Beggars should not leaze Corn nor any Body out of his Parish And that no Body should give Sheaves of Corn for Reaping or Binding And in all these cases the Corn may be taken away from the Transgressor II. That the Parsonage of Galtrim should be appropriated to the Priory of S. Peter's near Trim. III. That the Royal Fishing of the Banne be resumed into the King's Hands Ware 's Annals 130. But this last Act is not printed At this Parliament the Controversie was renewed between Cromer Primate of Armagh and Allan Archbishop of Dublin about Precedency in Dublin which was determined in favour of the Primate O Carol that married Kildare's Daughter was Tanist and Brother to the deceased O Carol and by the Law of Tanistry claimed the Signiory but the Son of the Desunct being of Age and a brisk Man would not be so served and therefore as Heir to his Father he seized on the Castle of Bi r which the Lord Deputy in favour of his Son-in-Law undertook to besiege and did so but it was in vain for at that Siege he received a Shot in his Head which sent him back faster than he came out and though he regained his Health yet he never recovered his Intellectuals but was ever after as we say A little crackbrained It is reported That when he was wounded he sighed deeply which a Soldier that was by observing he told his Lordship That himself had been shot three times and yet was recovered To whom the Earl replyed Would to God thou hadst also received the fourth Shot in my stead About this time John Allen who had been Clerk of the Council and was now Master of the Rolls a Creature of the deposed Chancellor Alans was sent by the Council into England about Publick Affairs Lib. 〈◊〉 His Instructions were To acquaint the King with the Decay of the Land and that neither English Order Tongue or Habit nor the King's Laws are used above twenty Miles in compass That this Decay is occasioned by the taking of Coyn and Livery without Order after Men's own sensual Appetites and taking Cuddees Garty and Caan for Felonies and Murder Alterages Bienges Saults and Slanciaghs c. And that they want English Inhabitants who formerly had Arms and Servants to defend the Country but of late the English Proprietor hath taken Irish Tenants that can live without Bread or good Victuals and some for Lucre to have more Rent and some for Impositions and Vassalage which the English cannot bear have expelled the English and made the Country all Irish without Order Security or Hospitality Formerly English Gentlemen kept a Retinue of English Yeomen according to the Custom of England to the great Security of the Country but now they keep Horsmen and Kernes who live by oppressing the poor People The great Jurisdiction of the Nobility is another Cause of destroying the King's Subjects and Revenue And the Black Rents which the Irish exact enriches them and impoverisheth the Englishman Also the making of a Native chief Governour and often change of the Lord Deputy are great Faults And ill keeping of the King's Records and putting unskilful Clerks in the Exchequer do occasion much Mischief But the Alienation of the Crown Lands so that the King's Revenue is not sufficient to defend the Realm is the greatest Grievance of all It is probable that these Instructions were kept secret from the Lord Deputy for it cannot be imagined That he would have consented that Articles which in effect were an Impeachment of himself should be communicated to the King and in truth Allen's Errand was to accuse the Deputy and he was imployed so to do by the Archbishop of Dublin the Earl of Ossory Ware 131. Sir William Skeffington and others and he performed his Commission so effectually that the Lord Deputy was sent for by the King's Letter to repair to England and answer the Crimes that were objected against him Kildare
and Language and not to forestal the Markets of Limerick nor correspond with the Irish And so we come to the Parliament which began at Dublin on the first Day of May and on the last Day of that Month was adjourned to Kilkenny and did there sit the twenty fifth Day of July and on the twenty first was adjourned to Cashel and on the twenty eighth was from Cashel adjourned to Limerick and there it sat on the second of August and continued until the nineteenth and then was adjourned to Dublin to meet the fifteenth Day of September and so after several Prorogations it was finally dissolved the twentyeth Day of December 1537 and enacted as followeth I. The Attainder of the Earl of Kildare and his Complices This Act recites all their Treasons and Retrospects to the eighth Day of July 20 Hen. 8. II. The Parliament reciting That Ireland is appending and belonging to the Crown of England doth make void and nullifie the King's Marriage with the Princess Katharine his Brother's Wife and doth ratifie the Divorce judicially made between them by the Archbishop of Canterbury It also confirms the King's Marriage with Anne Bullen and prohibits Marriage within the Levitical Degrees and orders that Persons so married shall be divorced and their Children after such Divorce shall be illegitimate Then it entails the Crown on the King's Heir Males by Queen Anne and for want of such to his Heirs Males by any other Wife and for want of such to the King's Heirs Female by Queen Anne and particularizes the Princess Elizabeth and the Heirs of her Body c. And that it shall be Treason to Write or Act against the aforesaid Marriage or the Settlement of the Crown and Misprision of Treason to speak against either of those things and deprives the Offenders of Benefit of Sanctuary it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen if it so happen till their respective Ages of sixteen if a Queen and eighteen if a King and prescribes an Oath for the Observation of this Settlement to be taken by the Subject and makes it Misprision of Treason to refuse it III. The Act of Absentees recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland and then vests in the King the Honours and Estates of the Duke of Norfolk the Lord Berkly the Earl of Waterford and Shrewsbury the Heirs General of the Earl of Ormond the Abbot of Furnes the Abbot of S. Augustins of Bristol the Prior of Christ-Church of Canterbury the Prior of Lanthony the Prior of Cartinel the Abbot of Kentesham the Abbot of Osny the Abbot of Bath and the Master of S. Thomas of Dacres 4 Inst 354. And it was resolved anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan by this Statute Nevertheless he had a very good Recompence in England for his Losses in Ireland And it is not unworthy our Remembrance How this Statute came to be made and the Occasion was thus The King being inclined to make Mr. Ailmer who was then Lord Chief justice of the Common Pleas Lord Chief Justice of the King's Bench the Earl of Shrewsbury at the instance of some of his Tenants in Waterford or Wexford opposed his Preferment alledging That Ailmer was a silly fellow and unfit for such a Place whereupon the King repremanded the Lord Cromwel for recommending such a Coxcomb to him the Lord Cromwel begs the King to discourse with Ailmer assuring his Majesty That he was misinformed The King consented and Ailmer being come the King asked the true reason of the Decay of Ireland Ailmer Answered That it was because the Estated Men who used to Reside and Defend their own Estates and countenance their Tenants did now generally dwell in England and left Ireland a Prey to the Natives But that if his Majesty would oblige the Estated Men to Residence or seize their Estates to his own use he would soon find a Reformation The King tickled with this Advice gave Ailmer Thanks and assured him Care should be taken of it next Parliament IV. A Suspension or Repeal of Poyning's Act pro hac Vice V. That the King his Heirs and Successors be Supreme Head on Earth of the Church of Ireland and shall have Power to reform redress c. Heresies Errors and Offences c. And that his Commissioners shall take no Proxies for their Visitations but convenient Meat Drink and Lodging on pain of four times the value VI. That there shall be no Appeals to Rome on Pain of Premunire and that the Chancellor with the Consent of the two Chief Justices the Master of the Rolls and the Vice-Treasurer or any two of them may assign Delegates to Hear and Determine all Appeals to the Chief Governour VII An Act against slandering the King or Queen or their Title c. And that those guilty of High Treason shall not have the Benefit of Sanctuary and that Treasons committed beyond Seas may be tried in Ireland and that all Estates of Inheritance ergo Estates Tail shall be forfeited for High-Treason VIII That the Clergy shall pay Annates or First-Fruits i.e. a Years Profit and shall pay or compound before Possession The Chancellor Master of the Rolls and Vice-Treasurer or any two of them whereof the Vice-Treasurer to be one or any others commissioned by the King may compound and give Instalments That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple and eight Pence to be paid for a Bond and four Pence for an Acquittance and no more IX An Act to vest in the King Sir Walter Delahide's Lands in Carbry in the County of Kildare X. That if the Robber or Felon be found Guilty upon an Indictment by means or Prosecution of the Party robbed that then he shall have Restitution as if it had been done upon an Appeal XI An Act to suppress all Tributes Pensions and Irish Exactions claimed by the Irish from Towns or Persons for Protection XII An Act against the Pope to suppress his Usurpations and that it shall be Premunire to defend or assert his usurped Authority or Jurisdiction and that all Persons Ecclesiastical or Lay That have Office or Benefice c. shall take the Oath of Supremacy mentioned in the Act and the Refusal of that Oath shall be Treason It seems there was much Difficulty to get this Act and the former Act for the King's Supremacy to pass both Houses many of the Clergy opposing them stifly until the Archbishop Brown made the following Speech which being well sconded by Justice Brabazon so startled the rest that at length both Bills passed The Archbishop's Speech was thus My Lords and Gentry of his Majesty's Kingdom of Ireland BEhold your Obedience to your King is the observing of your Lord and Saviour Christ Bish Brown's Life 7. for He that High-Priest of our
the Ordinances already mentioned The Seventh Article is That if any of their Followers break the Peace they will prosecute and pursue him till he make amends And the Eighth is That they will not exact any Black Rents for the future from the Inhabitants of Cork Youghal or Kingsale And it seems that about this time Commissioners were appointed in every Province to decide the Controversies instead of Brehons viz. in Connaught the Bishops of Tuam and Clonfert and the Captains Wakely and Ovington in Munster the Bishops of Cork and Waterford and the Mayors of Cork and Youghal and in Vlster the Archbishop of Armagh and Lord of Louth And it is to be noted Davis 215. That these Submissions were so universally made all over the Kingdom that there was not a Lord or Chieftain of any note in Ireland but submitted in this or the like Form for they made no scruple to renounce the Pope when once they had resolved to obey the King And by these Means the Kingdom was so quiet and there was so great a Prospect of a Settlement that several of the Principal Lords of the Irish took Patents for their Estates and desired Titles of Honour according to the Law of England which hitherto they had despised But alass Ireland is an unfortunate Country that cannot be happy any considerable time and notwithstanding these dawnings of Felicity it must expect nothing but War and Desolation and this fourth general Submission of the Irish will be as vain and ineffectual as the other three and will manifest to the World That that Kingdom is not to be governed by Kindness but by Force But let us not anticipate our Misery by dreadful Prognostications of War but rather enquire into the management of Affairs during the short interval of Peace And first we shall find the great O Neal in September sailing toward England accompanied with the Bishop of Clogher and attended with many Gentlemen his Followers He came to the King at Greenwich where he was well received and having surrendred his Estate to the King and covenanted 1. To renounce the Name of O Neal. 2. That he he and his Followers should use English Habit Language and Manners 3. That their Children should learn English 4. That they should build Houses and husband their Land in English manner 5. That they should obey English Laws and not Cess their Tenants nor keep more Gallowglasses than the Lord Deputy allows And 6. That they should answer all general Hostings as those of the Pale do and shall not succour any of the King's Enemies On the first of October his Estate was regranted to him by Patent and he was created Earl of Tyrone for Life with remainder to his Son Matthew who for the present was made Baron of Dunganon in Tayl and two of his Followers Denis and Art Mac Genis were knighted and the Bishop of Clogher was confirmed and the Earl after his return was on the seventh Day of May sworn one of the Privy Council of Ireland In like manner the Earl of Desmond pursuant to his Promise repaired into England where he was graciously received and having made his Submission he returned with Orders likewise to be of the Privy Council In the mean time the Lord Deputy on the twenty fourth Day of May made an Order of Agreement between the Macgenis's and did the like between the O Carols on the second of July And on the fourth of July the O Birnes did submit by Indenture and granted the Town and Castle of Wicklow to the King and also surrendred to his Majesty the Castle of Mac Eningham and all spiritual Livings in their Possession Lib. D. They also covenanted to find one hundred and twenty Gallowglasses and their Servants for three Months when the Counties of Carlow and Kildare do so and twelve Horse and twenty four Foot at every Hosting and to raise their whole Force and keep them three days on any emergency And it is allowed by the Deputy that O Birn shall have twenty four Kerns called Kerne Tee for this year at the Charge of the Country as is usual wherewith he promises to aid the Sheriff and if O Birn misbehave himself the Lord Deputy may give the Kerns next year to whom he pleases And 't is agreed That no body shall keep Idlers but in his own House and concludes Quod si posthac ad morem Hibernicorum resilierit vel cum Hibernicis aliis susurraverit confederaverit vel consentierit impedire vel obstare Reformationi Hiberniae quam Dominus Rex intendit that then they will forfeit all And it seems that at the same time they proposed to have their Country made a County Davis 104. by the Name of the County of Wicklow and that in consideration thereof they would divide it into eight Plow-Lands and pay ten Groats per annum for ever to the King out of each Plow-Land On the 19th of November Thomas Butler was made Baron of Cahir and in the beginning of the next year Maurice O Bryan 1534. and Vlick Burk induced by the Example and Success of the Earl of Tyrone went to wait upon the King in England and having made their Submissions and surrendred their Estates O Brian obtained a Grant of all his Lands in Thomond and all the Abbies and Patronage of Benefices in the King's Gift within his Precincts to him and his Heirs Males and he was made Baron of Insiquine to him and his Heirs and Created Earl of Thomond for Life with a remainder to Donough O Bryan and his Heirs for ever who for the present was made Baron of Ibracane but whether this Donough were Nephew or Natural Son of the Earl's is not very plain This Lord of Ibrahcan had also an Annuity of twenty Pounds per annum granted to him in Tail and the Abby of Insula Canonicorum and half the Abby of Clare and the King bore the Earl of Thomond's Charges and gave him an Order to be of the Privy Council As for Vlick Burk he had likewise his Charges born and was Created Earl of Clanrickard and his Estate was regranted to him and the Abbies and Patronage of all Benefices within his Precincts The Cocquets of Galway were excepted in the Patent but in lieu of them the Earl had a Pension of thirty Pound per annum and the third part of the First-Fruits and the Abby of Via Nova or Confert And about the same time the Lord of Upper Ossory obtain'd a Grant for Fairs and Markets and the House of the Friars at Haghevo and the Monastery of Hackmacart and to each of these four Noblemen Davis 219. viz. the Earls of Desmond Tyrone Thomond and Clanrickard the King gave a House and a Parcel of Land near Dublin to encourage them to make their Appearance frequently at Court And it is to be noted Council Book of Ireland fol. 73. That many times the chief Governors of Ireland instead of Risings out and
Carriages to a general Hosting did coss the Country or tax it to find so much Mony as would maintain a certain number of men three Months and accordingly in July this Year the Counties of Kilkenny Waterford Typerary and Wexford were ordered to levy Maintenance for two hundred and forty Kerns for three Months which came to no more than two hundred and four Pounds thirteen Shillings and four Pence whereby one may perceive that the Tax was easie enough but the Grievance was in the irregular Assessments and the oppressive manner of levying it The French King by his Ambassador Theobald de Boys tempted O Donel with Offers of Money and Arms to make an Insurrection but he could do little of himself and it was too soon to seduce others after such solemn and formal Submissions so lately made and so that Negotiation had little or no effect but in February the Lord Deputy was recalled to give the King an Account of his Administration of Affairs in Ireland and Sir William Brabazon was sworn Lord Justice in his stead Ware 168. his Patent bears date the twelfth of October 35 Hen. 8. To this Lord Justice new Seals were sent because of the Alteration of the King's Stile from LORD to KING of Ireland and the old Seals were sent back to England The Lord Justice 1544. by the King's Orders sent him seven hundred Men to Calice under the Command of the Captains Poer Finglass and Skurlock they were very serviceable to the King at Bulloign and did much Mischief to the French for being light of foot Holingshead 103. they would often range twenty or thirty Mile into the Country and as they returned would burn and spoil where-ever they came They had a pretty Trick to get a Prey which was to tie a Bull to a Stake and set fire about him and as the Fire scorched him the Bull would bellow and thereupon all the Cattel within hearing of him would flock that way and so were taken These Irishmen would never give Quarter and therefore whensoever the Frenchmen took any of them they gelded them and otherwise tormented them exceedingly After the Surrender of Bulloign a large Frenchman on the other side of the Haven braved and defied the English Army whereupon one Nicholas Walsh did swim over the River and cut off the Frenchmans Head and brought it back over the River in his Mouth for which bold Action he was bountifully rewarded Sir Anthony Saintleger June 11. 1544. being for his good Services made Knight of the Garter returned Lord Deputy and found the Kingdom quiet and he made it his Business to keep it so which he effectually accomplished by imprisoning two or three turbulent People and by taking Indentures and Hostages from those he suspected And this Lord Deputy knowing it was the only way to keep the Kingdom in peace Lib. D. made it his Business to break the Dependencies of the Irish and to that end upon all References to him he took care that the weaker Party might depend on the Government for Protection and that he should not rely upon nor be under the Subjection of any other and particularly on the fourteenth of July he made an Award or final Order between the Earl of Tyrone and O Donel whereby O Donel was freed from depending on O Neal any farther than that he still continued obliged to pay a yearly Rent of sixty Beeves to O Neal for the Island of Inisowen and it so hapned that the very next year O Neal invaded Tyrconel because that Rent was not paid whereupon there was another Reference to the Government and a new Peace was made between them Aug. 24 1546. In the mean time the Earl of Lenox 1545. who fled out of Scotland was kindly received by King Henry and married his Neece was by the King sent into Ireland to levy an Army to recover his Inheritance in Scotland he came to the Deputy at Kilmainham where he lived and being effectually recommended by the King he was so kindly received and his Business so heartily followed that by the middle of November he had raised fifteen hundred Men under the Command of Sir John Travers Master of the Ordnance to whom the Earl of Ormond joyned as many of his own Followers and was himself General of the Army They set Sail for Scotland in twenty eight Ships but the Levity of their Confederates in Scotland or the Power of Duke Hamilton disappointed this Design for not being able to gain Dunbritton-Castle which was promised to be delivered up to them and finding a potent Army ready to encounter them instead of Friends which they expected to embrace them and being shattered by a violent Storm the Irish were necessitated to return home re infecta In the mean time Lib. D. on the Nineteenth of October died Vlick Earl of Clanrickard whereupon a great Contest arose between his Sons about the Title and Inheritance because the Earl's first Wife Grany O Carol Mother of the Earl's Eldest Son Richard Burk had been formerly married to O Mlaghlin who was still living and undivorced as was alledged and she being still alive the Earl married Honora Burk and was afterwards divorced from her and married Mary Linch Mother of John Burk Grany the first Wife being still living But the Earl of Ormond and other Commissioners sent by the Lord Deputy and Council to settle this Affair soon determined the Matter and finding that the pretended Marriage with O Mlaghlin could not be proved they adjudged Grany to be the Earl's true Wife and placed her Son Richard Burk in the Earldom and Estate of his Father according to the Law of England and because he was under Age they made Vlick Burk Captain of the Country during his good Behaviour and the Minority of the Earl But now the Spirit of Rebellion had again seized the Irish Melvin's Memoirs 8 9. and O Neal O Donel O Dogharty and one Callock had made some Overtures to the French King about assistance to manage an Insurrection and they proposed to him to become his Subjects and to shake off the Yoke of England provided he would procure the Pope's Gift of Ireland and send two thousand Harquebusses two hundred Light Horsemen and four Canon to their assistance The French King thought the Offer so considerable that he sent over John de Monluck Bishop of Valence his Ambassador to Ireland to learn the Truth of their Circumstances and to certifie the King what probability there was of Success if he should engage in that Affair The Bishop arrived at Loghfoyle on Shrovetuesday and the next day was by O Dogharty carried to his House which was a great dark Tower there the Bishop found bad Entertainment and was forced to be contented with Herrings and Bisket and such like Lenten Fare which was the best the House afforded The Bishop had a Months Mind to O Dogharty's Daughter which two English Fryers observing to prevent any Abuse of the Damsel
Knight of the Garter came over Lord Lieutenant Lib. C. says Burlace Lord Deputy says the Statute-Book He arrived at Bullock and was sworn in Christ-Church on the thirtieth day of August His Instructions bear Date the tenth of May and are to this effect First That the Army or rather Garrison shall be three hundred twenty six Horse eight hundred sixty four Foot and three hundred Kern Secondly That Port-Corn shall be reserved towards victualling the Army Thirdly That he endeavour to People Vlster with English and to recover Lâ—cale Newry and Carlingford from the Scots and to recompence Sir Nicholas Bagnal for his Interest in Vlster Fourthly Lib. H. That Mac Cartymore be ordered to hold his Estate after the English manner as the Earls of Thomond and Clanrickard do And he had also other Instructions to him and the Council to set up the Worship of God as it is in England and to make such Statutes next Parliament as were lately made in England mutatis mutandis and to dispose of Leix and Offaly to the best Advantage of the Queen and the Country This Lord Deputy held a Parliament at Dublin on the twelfth day of January which enacted the following Laws and then was dissolved on the twelfth of February First That the ancient Jurisdiction over the State Ecclesiastical and Spiritual be restored to the Crown And Foreign Authority abolished and that the Acts of Appeals and Faculties be revived and also as much of the Act of Marriage as concerns Consanguinity And the Act of Repeal made the 3 and 4 Philip and Mary repealed And an Act of 3 and 4 Philip and Mary to revive three Statutes concerning Heresie and the three Statutes therein named be repealed except so much thereof as concerns Premunire And that the Queen and her Successors may appoint Commissioners to exercise Ecclesiastical Jurisdiction And that all Officers and Ministers Ecclesiastical or Lay all Ecclesiastical Persons and every one that has the Queen's Wages shall take the Oath of Supremacy on pain of losing his Office And shall be uncapable to take any Office Ecclesiastical or Temporal if he obstinately refuses the Oath tendered to him He that sues Livery or takes Orders must take the Oath And a Penitent upon taking the Oath shall be restored to his Office of Inheritance He that shall extol maintain or advance Foreign Jurisdiction shall for the first Offence lose his Goods and if they be not worth twenty Pound then a Years Imprisonment without Bail besides and if it be an Ecclesiastical Person shall likewise lose all his Benefices and the second Offence to be Premunire and the third High-Treason provided the Prosecution for Words be within half a Year after the speaking Nothing shall be adjudged Heresie but what has been so by the Scripture first four General Councils or some other General Council by express Words of Scripture or shall be by Act of Parliament That there must be two Witnesses And that no Man be esteemed as Accessary till two Witnesses prove he knew the guilt of the Principal before he relieved him c. Secondly An Act for Uniformity of Common-Prayer Thirdly An Act for Restitution of the First-Fruits and twentieth part of Spiritual Benefices to the Crown Fourthly An Act for consecrating Archbishops and Bishops Bramhal 438. And it is observed by Archbishop Bramhal That no Papists ever did or could make the least Objection against the Ordination of the Protestant Bishops in Ireland For besides that Archbishop Brown the first Protestant Bishop in Ireland was ordained by the Bishops of Canterbury Rochester and Salisbury and many of the Irish Bishops were ordained by Brown The very Popish Bishops did assist at the Consecration of most of the Protestant Bishops and complied with the Government and kept their Sees until they had sacrilegiously betrayed the Church and alienated most of its Possessions one Bishoprick being left so poor that it had but forty Shillings per annum Ware de Praesulibus 27. and another but five Mark Thus Loftus Archbishop of Armagh was consecrated by the Popish Archbishop Curwin Ibid. 128. 59. Thomas Lancaster the first Protestant Bishop of Kildare Ibid. 148. was consecrated by Archbishop Brown and John Merriman Ibid. 188. the first Protestant Bishop of Down and Connor was consecrated by Lancaster when Primate Bale Bishop of Ossory was consecrated by the Popish Bishops of Armagh Kildare and Down Casy Bishop of Limerick was consecrated by Archbishop Browne assisted by the Popish Bishops of Kildare Ferns and Leighlin c. Fifthly An Act of Recognition of the Queen's title Sixthly That it be Premunire to say the Queen has no Right to the Crown and Treason to write it Seventhly That the Priory of S. John of Jerusalem be united to the Crown The Parliament being dissolved the Deputy went immediately to England to give an Account thereof and by the Queen's Orders substituted Sir William Fitz Williams 1559. Lord Deputy he was sworn in Christ Church on the fifteenth of February and his Patent bears date at Westminster the eighteenth day of January 2 Eliz. In his time Shane O Neal broke out again into Rebellion Cambd. 121. and overthrew O Reyly in the Field and took Calagh O Donel Lord or Chief of Tyrconnel Prisoner together with his Wife and Children and afterwards lived with her in Adultery and kept her by Force and he seized upon O Donel's Castles Lands and Goods and in all things behaved himself as King of Vlster 1560. And about the same time Money which in King Henry the Eighth his Days was much debased was raised near to the intrinsick value and Sterling Money was stamped but it was made currant at a fourth part more than it passed for in England so that an English nine Pence was twelve Pence Irish and so it continued until the Year 1601. when her Majesty's vast Expence in Ireland forced her by the Advice of the Lord Buckhurst to mingle Brass with the Silver which was therefore called mixt Monies but the Government then was so steady that the Soldiers suffered it without Mutiny although it was of infinite Prejudice to them But to proceed Thomas Earl of Sussex came over again Lord Lieutenant 1560. I suppose in April for on the seventh of May the Queen sent him Orders to perswade the Earl of Kildare to go to England and that the Queen would lend him Money in England on his Bond and if the Earl refused then the Lord Lieunant was to shew him the Queen 's positive Commands to that effect and if he still declined the Voyage then the Lord Lieutenant was to apprehend him This Lord Lieutenant brought with him new Instructions Lib. C. 1. To build Castles in Leix and Offaly and to people those Countries by granting Estates to the Planters and their Heirs Males 2. To settle Vlster and to admit Surleboy Tenant to the Lands he claims in Fee binding him to contribute to the Publick Service
and sixty Horse and thence he went to Connaught to settle the new President Sir Nicholas Malby and so on the sixth of September he came to Dublin and on the fourteenth of the same Month at St. Patrick's Church he surrendred the Sword to Arthur Lord Grey Baron of Wilton Knight of the Garter 1580. Lord Deputy whose Instructions bearing date in July were 1. To observe former Instructions whereof he shall have a Copy 2. To assure the Irish of the Queens Protection and Favour if they deserve it 3. To hinder the Soldier from oppressing the Subject and to notifie this by Proclamation and to punish the Offenders though Captains 4. To shorten the War by effectual Prosecution 5. To continue the Justice of Munster and to encrease his Allowance as you and the Council think fit 6. After All-hollantide to disband as many of the new Soldiers as can be well spared and secure their Arms. 7. Not to grant Pardons and Protections but upon especial reasons and to mention the Crime in the Pardon This Lord Grey before he was sworn viz. in August having notice that one Fitz Girald with his Company which he had in the Quens Pay was revolted to the Lord Baltinglass and being joyned with Pheagh Mac Hugh and other Rebels had secured themselves in the fastnesses of Glendilogh in the County of Wicklow and did daily encrease both in number and mischief ordered a smart Party to attack them Cosby an experienced Soldier disswaded the Attempt but having positive Orders the Foot entred the Glins whilst the Lord Grey with the Horse scowred the Plains but the Rebels being well acquainted with these Woods Camb. Eliz. 241. laid their Ambushes so cunningly that the English could neither fight in that divelish place nor retire out of it Courage could but little avail them whilst being mired in the Bogs they were forced to stand still like Butts to be shot at Discipline or Conduct were of no use in that place where it could not be practised in short the English were defeated and the whole Company slain except some few that were rescued by the Horsemen August 25. and amongst the rest Sir Peter Carew Collonel Moor and the valiant Captains Audely and Cosby were killed in this unfortunate Conflict About the latter end of September seven hundred Spaniards and Italians under the Command of San Joseph an Italian landed at Smerwick in Kerry being sent by the Pope and King of Spain to propagate Catholick Religion in Ireland they immediately built a Fort and called it Fort del ore and they fortified and furnished it the best they could having brought with them Money and Ammunition and Arms enough for five thousand Men. Ormond encamped at Traley and the next day marched toward the Fort which the Spaniards deserted and retired to the fastness of Glanigall Cambd. Eliz. 242. but finding the English Army was small three hundred of them went to their Fort again and the next day sallied on the English who came to view the Fort whereupon Ormond finding he was not sufficiently provided with Artillery and other Necessaries retired to Rakele where he met the Lord Deputy The Deputy accompanied with the Captains Zouch Rawleigh Denny Macworth c. and about eight hundred Men discamped from Rakele and marched towards the Enemy but Captain Rawleigh well knowing the Customs of the Irish stayed some hours behind in Ambush till several Kearns came into the forsaken Camp as they were accustomed to scrape up what was left-behind but he surprized them all and punished them according to their Deserts Now was Sir William Winter return'd with his Fleet out of England so that he by Sea and the Lord Deputy by Land laid close Siege to the Fort having first summoned it and received for Answer That they held it for the Pope and the King of Spain to whom the Pope had given the Kingdom of Ireland and not long after the Spaniards made a Sally which was well received by Captain Denny and the Assailants were forced to retire That Night the English raised a Battery with great dexterity Cambd. Eliz. 242. which was ready by Break of Day nevertheless the Spaniards made a Sally but very faintly and without effect nor did they do any thing the third Day worthy their Reputation and on the fourth Day being close pressed from Land and Sea and all Conditions refused they yielded at Mercy which was too sparingly extended to them every one being put to death except the Commanders which very much displeased the Queen although there was a necessity for it by reason of the paucity of the English Army and the number of the Rebels approaching Sir John Fitz-Girald Lord of the Decies being a Prisoner to the Earl of Desmond was here found and set at Liberty the Fort was razed and the Army dispersed into Garrisons the Lord Deputy returned to Dingle where Ormond met him with Supplies and there Captain Zouch with four hundred and fifty Men was left Governor of Kerry and Desmond and had all the Victuals given him that were found in the Fort and then the Deputy returned to Limerick Now came out of England six new Companies under Barkley Cruse and others whereof Barkly and two hundred Men were placed at Askeaton and the rest were sent into Connaught where the Mac an Earla's or Clanrickard's Sons began to be unruly as the Lord Baltinglass and his Complices were in Leinster The Deputy having left Ormond Governor of Munster returned to Dublin where he took care of the other Provinces and being supplied with an hundred and fifty Horse out of England which were set out by the English Clergy under the Command of William Russel Son to the Earl of Bedford and Bryan Fitz-Williams he committed to the Custody of Wingfield Master of the Ordnance the Earl of Kildare and his Son in Law the Lord Delvin who were suspected to favour the Leinster Rebels whereupon the Lord Henry Fitz-Girald retired into Ophalia and was detained by the O Connors till the Deputy sent Ormond and several Persons of Quality for him to whom after much ado he was delivered and with his Father sent into England together with the said Baron of Delvin There was certainly a Plot to surprize the Lord Deputy Camb. Eliz. 257. and to seize on the Castle of Dublin Sullevan 93 and to Massacre the English and John Nogent one of the Barons of the Exchequer and others were Executed for it but whether they were guilty or not I leave as I found it doubtful however it seems that this severity frightned Thurlogh Lynogh O More O Brine and the Cavenaghs into a Submission In the mean time Captain Raleigh went to Dublin to complain of the Barryes and Condons Hooker 173. and obtained a Commission to seize upon Barryescourt and the rest of Barryes Estate and had some Horsemen added to his Company to enable him thereunto but Barry had notice of it and to prevent him Burned
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
that Our Realm are to be admitted to Sue their Liveries Ouster le Mains and other Grants depending in Our Court of Wards taking only the Oath here under expressed and any other Oath to be forborn in that Case And the Natives of that Kingdom being Lawyers and who were heretofore Practisers there shall be admitted to practise again and all other Natives of that Nation that have been or shall be Students at the Inns of Court in England for the space of Five Years and shall bring any Attestation sufficient to prove the same are also to be freely admitted by the Judges there to practise the Law taking only the said Oath I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of all other His Majesty's Dominions and Countries And I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavor to disclose and make known unto His Majesty or His Heirs and Successors or to the Lord Deputy or other Governor for the time being all Treasons and Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God XVI All Compositions in the Court of Wards or Alienations made bona fide for valuable Considerations Intrusions Primier Seisins Ouster les Mains and Liveries are to be reduced and limited to the Eighth part of the true Value of the Lands and Hereditaments so to be Compounded for And all Wardships and Custodies of Lands during the Minority of Our Wards are to be moderately valued according to the Discretion of the Judges of that Court Provided That if any Alienations shall be made whereby We shall be prevented of Primier Seisin and Relief of Wardship and that sufficiently proved In all such Cases Our said Court of Wards is not to be restrained to the limitation of the Rates of the Alienations as aforesaid but our Officers of the same are to impose such reasonable Rates and Values as may recompence Us in some measure of those Duties and Profits which otherwise should have accrued unto Us if no Alienation to Uses had been made XVII Our Court of Wards is not to make any Inquiries further then to the last Deceased Ancestor except it be by Special direction from Us. XVIII All Escheators and Feodaries are to be specially directed where any Freeholders Estate in Land doth not exceed the worth of Five Pound English yearly in the true improved value to return the Offices taken of such Land into the proper Courts without Charge to the Subject or other Fees to any Court or Officer save only Ten Shillings Sterling to the Officer that shall take and return the Office but no Charge is to be set upon the said Lands nor any Process to issue upon the said Inquisitions but only for our Reliefs due upon the Tenures Provided that if any such Freeholder have the value of one Hundred Marks English in Chattels Real or Offices then this Grace is not to be extended to him although his Estate in Land be under Five Pound per Annum XIX In General leading Cases that Court is to be regulated according to the Laws and Courses practised here in England whereof Our Judges here shall deliver their Opinions if it shall be desir'd And our Judges of that Court there are to nominate some of the best Quality of the several Counties to be joyned in Commission with the Feodary or Escheator to take Inquisitions XX None of the Clerks or inferior Ministers of that Court or Servant to any of the said Court is to be a Commissioner for taking Offices Not intending hereby to exclude the Officers of the said Court and others who by their Places are to be Commissioners XXI No Grants of Intrusions or Alienations or Leases of Mens Lands are to be made out of that Court to any before the Party interessed shall have personal warning and Affidavit returned thereof who is to be preferred before any other if he come in the next Term after the Office is returned and will accept it at the Rates thought fit by the Court. XXII Upon a Contempt in that or any other Court the first Attachment is to be directed to the Sheriff and if he make not a good return and the Party come not in during that Term to purge his Contempt then the further Process is to be directed to the Persuivant and no further in our Court of Wards Our Exchequer in this Point is to proceed according to the Law and Ancient Custom of that Court and our other Ancient Courts are to bold their Ancient Course and not to permit any Innovations of sending Messengers or other Officers XXIII For reducing and moderating of Fees taken by Officers and Clerks in our Courts there whereof great Complaint is made It is Our Pleasure That a Commission be directed under our Great Seal of that Our Realm to the Persons nominated in a List Signed by Us and herewith sent unto you for the regulating of Fees of all Courts Spiritual and Temporal according to the Form of a like Commission Granted here in England to some of Our Council here and others whereof a Copy is transmitted unto you upon return whereof an Act of State to pass for Establishing the same accordingly untill there may be an Act of Parliament XXIV For the better settling of our Subjects Estates in that Kingdom We are pleased That the like Act of Grace shall pass in the next Parliament there touching the limitation of our Titles not to extend above Sixty years as did pass 21 Jacobi Regis wherein are to be excepted the Lands whereunto We are intituled by Offices already taken and those already disposed of by our Directions And We are further Graciously pleased for a more ample Testimony of Our Goodness to Our Subjects of that Kingdom to direct hereby That from henceforth no advantage be taken for any Title accrued to Us Sixty years and above Except only to such Lands in the Kings County and Queens County whereunto We are intituled by Offices already taken within the said Term of Sixty years and which are not yet Granted nor Lawfully conveyed from Us and Our Crown XXV And We are Graciously pleased and accordingly do hereby require You That You give present Order for the Inhabitants of Conaught and County of Clare to have their Surrenders made in the time of our late most Dear Father inrolled in our Chancery there as of the time of our said Father according to the Date of the said Surrenders and allowing what Fees were formerly paid for
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
hurt his Kinsman had given the Lord Deputies Foot Perhaps it was done in revenge of that Affront my Lord Deputy did me publickly but I have a Brother would not have taken such a Revenge and the like Sentence was given against Thomas Dennit who was executed thereupon To this the Earl Answers That he was General of the Army and had Power of Martial Law which is usual in Ireland and the Lord Mountnorris was an Officer in the standing Army and by those mutinous Words had transgressed the Thirteenth and the Twenty first Articles of War That he was not a Judge of it but the Council of War were the Judges that the Lord Mountnorris suffered nothing but a short Imprisonment and was told at that time by the Earl that he should not suffer according to the Sentence and as for Dennit he had stoln a quarter of Beef and also ran away from his Colours which is Felony in Ireland and it was at a time when a Regiment was imbarking for England The Sixth Article is That on a Paper Petition without legal Proceedings he caus'd the Lord Mountnorris to be dispossessed of Land that he had enjoy'd quietly Eighteen years To this the Earl says That that sort of Proceeding was usual in Ireland and he had a positive Order for it except in special Cases by the King's Letter 5th October 9 Car. 1. that Three of the Judges assisted him in the Tryal and that the Judgment was very just The Eight Article was That he imprison'd the Lord Chancellor Loftus for not obeying his Decree on a Paper Petition and also imprison'd him for not giving up the Great Seal and also imprison'd the Earl of Kildare for not submitting his Title to Castle-Ley to the Lord Deputies Pleasure and that contrary to the Major Vote of the Council He caused an Order of Council-board to be made against the Widow Hibbott and threatened to Fine her so high if she had disobeyed it that she was thereby forced to quit her Lands which are since conveyed to the use of the Earl but it seems the Imprisonment of the Lord Chancellor and the Earl of Kildare was by the Kings Order and so the Managers insisted only on that of Hibbotts To which the Earl Answer'd That it was a Case of Fraud and Oppression and that the Council-board in Ireland had Jurisdiction in such Cases and that the Major Vote was against her and denies the Lands were conveyed to his use The Ninth Article was That he gave Warrants to the Bishop of Down and Connor and others of their Officers to Arrest and Imprison such of the poorer sort as refuse to appear upon their Summons or disobey their Sentences until they give security to shew cause at the Council-Table for such Contempt To which he Answers That such Warrants were formerly used and even at the desire of the Papists to save the Charge of the Writ de Excommunicato capiendo that he never Granted but this one and finding it abus'd he soon call'd it in again The Tenth Article was That he procured the Customs to be Farmed to his own use and advanced the Book of Rates on Native Commodities to excessive Prizes as every Hide at 20 s. a Stone of Wooll at 13 s. 4 d. c. whereby the Custom that should be but the 20th became the Third or Fourth part of the true value of the Commodity and there is a Clause in the Grant That it should be good tho' an Act of Parliament should be made against it To this the Earl Answers That the Book of Rates was advanced before his Farm that it was so moderate that the King sent a Letter 1637. to raise it higher which he oppos'd that he was drawn into the Farm by the Kings Command and the Lord Portlands importunity and that the King had â— of the Profit of it and that Trade is exceedingly increased since his coming to the Government And the Matter of Fact prov'd to be thus the Customs of Ireland were 16 Jac. 1. demised to the Duke of Buckingham for Ten years at 6000 l. per Annum and half the clear Prohts above the Rent which half Communibus annis amounted to 3700 l. per Annum so in effect the Duke paid 9700 l. per Annum but he had allowance for several Desalcations as 1400 l. per Annum in lieu of the Customs of Wines which were Leased to the Earl of Carlisle at that Rent and the Customs of Derry Colerain Knockfergus and Strangford are reserv'd to the King On the 24th of March in the Seventh Year of King Charles I. The Customs were set to the Dutchess of Buckingham for 20000 l. Fine and 11050 l. per Annum Rent and Derry c. are included and the Lord of Carlisles Lease was surrendered to the King the 21st day of the same Month and then the new Book of Rates was made And on the 21st of April following viz. 8 Car. 1. The Dutchess of Buckingham's Lease being surrendred a new one was made to Lord Straffard and Partners for 8000 l. Fine and 15500 l. per Annum And they manag'd it so well that this branch of the Revenue yielded them as followeth viz. Anno. 1636 39936 1637 38889 1638 57380 1639 55582. The Eleventh Article was For restraining Transportation of Pipe-staves c. without Licence But that Article was waved by the Managers The Twelfth was That he Monopoliz'd the whole Trade of Tobacco by his Proclamation that none should be imported without his Licence and another Proclamation that none should be Sold by Wholesale unless it were made up in Rolls Seal'd at both ends with a Seal appointed by him and that divers were Pillory'd Whipt Fined Imprison'd c. for transgressing that Proclamation And whilst he raised the Impost on other Goods he reduced that on Tobacco from 6d to 3d. per Pound whereby he got 100000 l. per Annum And that he raised several other Monopolies on Starch Iron-Pots Glasses Tobacco-pipes c. To which he Answers That 6th June 13 Jac. 1. the King granted the Impost on Tobacco being 18 d. per Pound to William Massam and John Pit for Seven year at 10 l. per Annum and 8th February 19 Jac. 1. it was let to Mr. Lyne for Twenty one years at 20 l. per Annum that upon the Commons advice in Parliament that Lease was bought in and on 18th of July 12 Car. 1. the King Orders the Lord Deputy to assume the Pre-emption of Tobacco c. to advance the Revenue and this Letter is the ground of the first Proclamation which in this Matter followed the Example of England and the Second Proclamation is in effect but the Duplicate of the Proclamation in England of the 14th of March 13 Car. 1. mutatis mutandis that hereupon the 7th of November 1637. He contracted with Mr. Carpenter c. for the sole Importation of Tobacco for Eleven years at 5000 l. per Annum for the first Five years and 6000 l. per Annum
and attacked them so briskly that they quickly fled but by reason of the adjacent Bog and the harrass'd Condition of the English Horse there was not much Execution done the number of the Slain not exceeding Five hundred amongst which were the Lord Dunboyn's Brother the Lord Ikerin's Son and Colonel â—â—vâ—nagh and on the English side not above Twenty killed and Forty wounded However it was an entire Victory all their Powder and Amunition the Generals Waggon drawn with Eight Oxen his and the Lords of Ikerin's Sumptures and Twenty Colours being taken and for this great Service the Lieutenant General had a Letter of thanks from the Parliament of England and a Jewel worth 500 l. Soon after arrived at Dublin Philip Lord Lisle Lieutenant General of the Horse and his first Essay was to relieve the Castle of Geashill which with Three hundred Horse and One hundred and twenty Foot he easily effected he was accompanied by old Sir Charles Coot in this Action who at a Council of War told the rest that if they made haste they might easily pass the Defiles and Causeways before the Enemy could get together to oppose them whereto another reply'd that perhaps that might be so but when the Countrey was Alarm'd how should they get back I protest said Sir Charles Coot I never thought of that in my Life I always considered how to do my business and when that was done I got home again as well as I could and hitherto I have not mist of forcing my way and accordingly they went and their march was so swift that they came unexpectedly to Phillipstowne and took it and on their return they followed some of the Popish Lords of the Pale to Trim and forced that place likewise and by Coot's advice resolved to make it a Garison and therefore in order to settle this Affair with the Lords Justices the Lord Lisle guarded by some of the Horse went to Dublin but the next night after he was gone the Irish to the number of Three thousand came in the dead of the night to surprise Trim but the Centinel gave the Alarm and thereupon Sir Charles Coot with all the Horse he could get being not above Seventeen issued out of the Gate and was followed by others as fast as they could get ready The Success was answerable to so generous an Undertaking and the Irish were routed without any other considerable Loss on the English Side except that of Sir Charles Coot himself who was shot dead but whether by the Enemy or one of his own Troopers is variously reported Upon his Death the Government of Dublin was given to the Lord Lambert on the Twelfth of May and tho' in July Colonel Monk had it by the Lord Lieutenant's Order yet as soon as the King was informed that it had been predisposed to the Lord Lambert Monk was removed and the Lord Lambert was confirmed And on the Twenty third of May the Marquis of Ormond publish'd a Proclamation against the Exorbitances of the Soldiers and to supply their Necessities the Lords Justices gave them Custodiums on the Villages in the Irish Quarters which produced good Effects both in relieving the Soldiers and in annoying the Rebels On the first of June came over some Regiments under the Conduct of Sir Foulk Hunks and Lieutenant Colonel Kirke whereupon the Earl of Ormond with Four thousand five hundred Foot and Six hundred Horse marched to the Relief of Athlone and in his way took in the Castles of Knocklinch Trimletstown and Kinkelfe and beat Five hundred Rebels from Ballynecurr but upon his approach the Rebels burnt Molingar and Bullymore and Sir James Dillon and the Irish Army thought fit to withdraw so that the Lord President of Connaught with Fifty Horse and Two hundred Foot met the Marquis of Ormond Five Miles from Athlone and received from him Two Regiments of Foot and Two Troops of Horse and then both these Lords return'd the one to Athlone and the other to Dublin About the same time viz. in June Colonel Monk marching to reinforce the Lieutenant-General took Castleknock and killed Eighty Rebels besides some that he hanged and a while after he took the Castles of Rathroffy and Clongowswood in the County of Kildare and did good Execution upon the Enemy and of Seventy which he had taken Prisoners most of them being murdering Rebels were afterwards executed at Dublin And on the Twentieth of the same Month Colonel Gibson made a prosperous Incursion into Wicklow and killed many of the Confederates and brought home a considerable Prey But on the Twenty first of June the Irish Parliament sat according to the Prorogation and the Lower House voted That the Oath of Supremacy should be tendred to all their Members that so the Rotten ones may be cut off and new ones chosen in their room and to that purpose a Bill was prepar'd and sent into England and it seems that they did proceed to chuse new Members for the Corporations and Counties within their power in stead of those that were in actual Rebellion which was one of the Grievances the Confederates afterwards complain'd of And it is worthy Observation The Proclamation Burlace Append. p. 57. That the Lords Justices and Council finding the Rebellion to be so general that all Degrees and Conditions of the Irish had with hateful and bloody obstinacy either publickly or privately contributed to the Destruction and Extirpation of the Protestants and that those under Protection abused that Favour to murder and rob the English the more slily and securely they did by their Order of the Nineteenth of August revoke repeal and annul all Protections that had been given to any Rebel before that time which was one of the wisest Acts that was done in the whole War for nothing is more experimentally true than this That the English never or very seldom suffered by the Irish at open Defiance but have been often destroyed by their Perfidiousness and Treachery But to proceed In August the Lord Moor Sir John Burlace junior and Colonel Gibson with Fifteen hundred Men two Pieces of Battery and two Field-pieces marched into the Counties of Louth and Meath and took the strong Castle of Sedan with the Slaughter of Five hundred Rebels whereat the Lords Gormanstown and Nettervill were so frightned that the former quitted the Fort of Nabar and the other deserted the Castle of Newtown whereby those Counties of Louth and Meath were cleared of the Enemy And this good Success was followed by more of the same sort for the Captains Piggot and Grimâ—s defeated a Party of Eight hundred Rebels near Athy and killed Two hundred of them and the Lord Lisle in the midst of September marched without controul through West-Meath and Cavan and destroyed the Country burnt the Earl of Fingall's House and his Town of Virginia and at last sat down before Carrickmacross which after one days Battery was deserted by the Cowardly Ward But in October the Rebels to the number of Two
consent upon whatsoever Pretence to a Toleration of the Popish Profession there or the Abolition of the Laws now in force against Popish Recusants in that Kingdom His Majesty hath further thought fit to advertise His Parliament That towards this Work He intends to raise forthwith by His Commissions in the Counties near Westchester a Guardâ— for His own Person when he shall come into Ireland consisting of Two thousand Foot and Two hundred Horse which shall be Armed at Westchester from His Magazin at Hull at which time all the Officers and Soldiers shall take the Oaths of Supremacy and Allegiance The Charge of Raising and Paying whereof His Majesty desires His Parliament to add to their former Undertakings for that War which His Majesty will not only well accept but if their Pay be found too great a Burthen to His Subjects His Majesty will be willing by the Advice of His Parliament to sell or 〈◊〉 any of His Parks Lands or Houses towards the Supplies of the 〈◊〉 of Ireland with the Addition of these Levies to the former of English and Scots agreed upon in Parliament he hopes so to appear in this Action that by the Assistance of Almighty God in a short time that Kingdom may be wholly reduced and restored to Peace and some measure of Happiness whereby he may chearfully return to be Welcomed home with the Affections and Blessings of all His good English People Towards this good Work as His Majesty hath lately made Dispatches unto Scotland to quicken the Levies there for Ulster so he heartily wishes That His Parliament here would give all possible Expedition to thâ—se which they have resolved for Munster and Conaught and hopes the Encouragement which the Adventures of whose Interest His Majesty will be always very careful will hereby receive as likewise by the lately signing of a Commission for the Affairs of Ireland to such Persons as were recommended to Him by Both Houses of Parliament will raise full Sums of Money for the doing thereof His Majesty hath been likewise pleased out of His earnest desire to remove all Occasions which do unhappily multiply Misunderstandings between Him and His Parliament to prepare a Bill to be offered to them by His Attorney concerning the Militia whereby He hopes the Peace and Safety of this Kingdom may be fully secured to the general satisfaction of all Men without violation of His Majesty's just Rights or prejudice to the Liberty of the Subject If this shall be thankfully received He is glad of it if refused He calls God and all the World to judge on whose part the Default is One thing His Majesty requires if this Bill be approved of That if any Corporation shall make their Lawful Rights appear they may be reserved to them Before His Majesty shall part from England He will take all due Care to entrust such Persons with such Authority in His absence as He shall find to be requisite for the Peace and Safety of this Kingdom and the happy Progress of this Parliament To which the Parliament returned the following Answer May it please Your Majesty YOur Majesty's most Loyal and Faithful Subjects Husbands 141. the Lords and Commons in Parliament have duly considered the Message received from Your Majesty concerning Your Purpose of going into Ireland in Your own Person to prosecute the War there with the Bodies of Your English Subjects lâ—vied transported and maintained at their Charge which You are pleased to propound to us not as a Matter wherein Your Majesty desires the Advice of Your Parliament but as already firmly resolved on and forthwith to be put in Execution by granting out Commissions for the Levying of Two thousand Foot and Two hundred Horse for a Guard for Your Person when You shall come into that Kingdom Wherein we cannot chuse but with all Reverence and Humility to Your Majesty observe That You have declined Your Great Council the Parliament and varied from the usual Course of Your Royal Predecessors That a Business of so great Importance concerning the Peace and Safety of all Your Subjects and wherein they have a special Interest by Your Majesty's Promise and by those great Sums which they have disbursed and for which they stand ingaged should be concluded and undertaken without their Advice Whereupon we hold it our Duty to declare That if at this time Your Majesty shall go into Ireland You will very much endanger the Safety of Your Royal Person and Kingdoms and of all other States professing the Protestant Religion in Christendom and make way to the Execution of that cruel and bloody Design of the Papists every where to root out and destroy the Reformed Religion as the Irish Papists have in a great part already effected in that Kingdom and in all likelihood would quickly be attempted in other Places if the Consideration of the Strength and Union of the Two Nations of England and Scotland did not much hinder and discourage the Execution of any such Design And that we may manifest to Your Majesty the Danger and Misery which such a Journy and Enterprize would produce we present to Your Majesty the Reasons of this our humble Opinion and Advice 1. Your Royal Person will be subject not only to the Casualty of War but to Secret Practices and Conspiracies especially Your Majesty continuing Your Profession to maintain the Protestant Religion in that Kingdom which the Papists are generally bound by their Vow to extirpate 2. It will exceedingly encourage the Rebels who do generally profess and declare That Your Majesty doth favour and allow their Proceedings and that this Insurrection was undertaken by the Warrant of Your Commission and it will make good their Expectation of great Advantage by Your Majesty's Presence at this time of so much Distraction in this Kingdom whereby they may hope we shall be disabled to supply the War there especially there appearing less Necessity of Your Majesty's Journy at this time by reason of the manifold Successes which God hath given against them 3. It will much hinder and impair the Means whereby this War is to be supported and increase the Charge of it and in both these respects make it more insupportable to Your Subjects And this we can confidently affirm because many of the Adventurers who have already subscribed do upon the knowledge of Your Majesties Intention declare their Resolution not to pay in their Money and others very willing to have subscribed do now profess the contrary 4. Your Majesties Absence must necessarily very much interrupt the Proceedings of Parliament and deprive Your Subjects of the Benefit of those further Acts of Grace and Justice which we shall humbly expect from Your Majesty for the Establishing of a perfect Union and mutual Confidence between Your Majesty and Your People and procuring and confirming the Prosperity and Happiness of both 5. It will exceedingly increase the Jealousies and Fears of Your People and render their Doubts more probable of some force intended by some evil
Confederates and that Goods recovered he restored to the right Owners and that all who assist or favour the Enemies or stand Neuter be Excommunicated and that all Invaders of any Irishman's Property be Excommunicated and that those Excommunicated shall be excluded from Confession and Sacrament and that Importers or Makers of Arms Powder c. shall pay no Taxes and that in the next Congregation Embassadors be appointed to be sent to the Pope the Emperor and the Kings of France and Spain and that a Clergyman or a Lawyer be of the Quorum in every Embassie and that part of the Church-Livings be given to the Clergy and the rest to support the War and that Two Confessors and One Preacher be appointed for every Regiment c. And afterwards viz. on the Twenty fourth of October there was a General Assembly of the Lords Spiritual and Temporal and others the Representatives of the Confederates at Kilkenny and they likewise made many Ordinances mention'd at large Burlace Appendix 8. which are to this effect That the Popish Church in Ireland shall enjoy all Privileges according to Magna Charta and that the Common Law of England and all Statutes not inconsistent with the Freedom of Religion and the Liberty of the Subject be of force That Allegiance shall be continued to the King and His Prerogatives supported That the Law shall be executed as well as the Circumstance of War and the Absence from Dublin will permit That a Supreme Council of Twenty four be establish'd whereof Twelve constantly to reside and One of them to be President and Nine to be a Quorum of which Seven must concur to make any Vote obligatory and if a greater Number be present Two thirds must agree This Council shall have Authority over all Officers Civil and Military shall name Sheriffs Supreme Provost-Marshals c. and may do any thing for the Advantage of the Cause and determine Causes Capital and all other Matters except Title of Land and shall have a Guard of Five hundred Foot and Two hundred Horse That there be also Provincial and County Councils the former may receive an Appeal from the latter and may try Causes as Judges of Assize and Gaol-delivery use to do but must not meddle with Title of Land except Dowers and Jointures And the County Council shall have the Power of Sessions of Peace and an additional Authority to determine Personal Actions That the Sheriff in every County be Provost-Marshal and may execute any Man not worth Five pounds for any Capital Offence giving the Offender Twenty four Hours time to prepare his Soul And that no Temporal Government or Jurisdiction shall be assumed kept ☞ or exercised in this Kingdom or within any County or Province thereof during these Troubles other than is before expressed except such Jurisdiction or Government as is or shall be approved by the General Assembly or the Supreme Council And that every body quit the Possessions he hath wrongfully gotten and to avoid Debate that all Estates continue as they were possess'd for Three years last past unless the Title be determin'd or redeem'd and that to avoid all Distinction of Nation any British Papist that was so before this War and will come and reside in Ireland shall be privileg'd in a Third part of the Publick Taxes And that no Distinction or Comparison be made between Nations Provinces or Towns and that all New Converts be esteemed as Catholick Natives and that an Inn of Court be erected here and that Cess and Coyn and Livery be punish'd And no Soldiers shall be paid or relieved by the Country but such as are in the Marshal's List and none to be Billetted but by the Constable And that Free-Schools be erected in every Province And that the King's Revenue and the Enemies Rents be collected and dispos'd of by the Provincial or Supreme Council for His Majesty's Use and Service And that Popish Impropriators may retain their Tythes till that Matter be setled in Parliament And that there be Collectors of Publick Money in every County And that the Popish Wife of an Enemy shall have her Jointure and sue and be sued as if her Husband were naturally dead ☞ And that the Possessions of the Protestant Clergy in Right of the Church shall be deemed the Possessions of the Catholick Clergy And that no Man imprison'd by one Council shall be inlarg'd by another And that no Protection be given to the Enemy or their Servants with-without special Order That Merchants and their Ships be protected in their Importations and that Commissioners be appointed in every Port to view the Arms and Ammunition that shall be imported and to certifie the same to the Supreme Council That Fugitive Soldiers be sent to their respective Commanders That the Estates of Neuters and Enemies do first pay their Debts to any of the Confederates before any of it be put into the Publick Stock and that no Soldier meddle with an Enemies Lands or Goods without Order And lastly That the * * Append. 14. Oath of Association be taken solemnly after Confession and the Sacrament in the Parish-Church and the Names of all Persons of Rank and Quality that take the same to be enroll'd The Assembly did also 25 October order Proclamation to be made to invite all the Adherents of the English of what Nation soever to come from them over to the Confederates by the Last of November and 27 October they ordered a Seal to be made and 28 October they appointed a Committee to inquire how Money and Ammunition come from Foreign Parts hath been disposed of and that Mr. Baron bring in Writing the Propositions and Messages from Foreign Parts to him committed by the Pope's Nuncio and others and 29 October they appoint Auditors of the Account of Moneys received and what hath been made of Protestants Rents Goods or Chattels and that the Enemy be not called Protestants or English but the Puritanical or Malignant Party and 30 October they order That no Man be privileg'd from Contributing to the Maintenance of the Catholick Army On the First of November they appointed the Lords of Castlehaven and Gormanstown Doctor Fennell Colonel Dermond O Bryan Sir Lucas Dillon Sir Phelim O Neal Thomas Burk Richard Martin Feigh O Flin Richard Beling Adam Cusack James mac Donell Patrick Crelly Rory Macguire Patrick Darcy and all the Lawyers to prescribe a Form of Government And 2 November they order Philip Hore to Account for 120 l. received of the Gentry of the County of Dublin to buy Arms And 4 November That the Prelates enjoyn the Priests to administer the * * Append. 14. Oath of Association to every Parishioner and to take his Subscription thereunto And 11 November That the Supreme Council shall manage the Admiralty And 13 November That the next Assembly shall be on the Twentieth of May next unless the Supreme Council find cause to convoke it sooner and that Thirty thousand Pounds be levied on Leinster by
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
Cessation pretending that they were just then come to hand and that he was sorry they did not come sooner 2. By the like Action in continuing the Siege of Castle Coot after notice of the Cessation as aforesaid 3. By Publishing the Pope's Bull after the Cessation which was an Encouragement to the Rebels to persist in their Rebellion and did seduce others of the Papists that were not then engaged in it 4. By taking 369 Head of Cattel from the Suburbs of Dublin on the 18th of September 5. By seizing on the Black Castle of Wicklow and murdering the Protestants there And 6. In not sending any formed Troops or Regiments to the King's Assistance as they promised to do And lastly In not paying the 30800 l. according to Agreement But if we are curious to know what was done in England in reference to the Affairs of Ireland we may find That on the 5th of May Sir Robert King Mr. Jepson and Mr. Hill waited on His Majesty with a Bill For a speedy Payment of Moneys subscribed towards the Reducing the Rebels in Ireland Husbands 2. Part. 161. which yet remains unpaid which they prayed Him to pass into an Act but His Majesty desired first to be satisfied how the rest of that Money was disposed of and how he should be secured that what is yet unreceived shall not be misemployed and whether it be fit to compel voluntary Subscribers by a greater Penalty than was at first made known to them viz. The loss of what they have already paid and whether the Power given by this new Bill to Warner Towse and Andrews whose Integrity he has no assurance of be not too great and whether Purchasers and Creditors may not be prejudiced by the Extents mentioned in this new Act. And on the 16th of June both Houses issued a Declaration purporting That the Kingdom of Ireland is in a sad condition but that the Papists are in as much want as the Protestants and therefore if the later were well supplied the former would be easily subdued that their Ambition to be independent from England and their inveterate Hatred against the Protestant Religion Ibid. 217. have been the causes of their Barbarousness to the English that they have been assisted by the Catholicks of other Countries And can it be say they that God's Enemies should be more violent and indefatigable for restoring Idolatry in a Kingdom foreign to theirs than we zealous in propugning God's Truth in our own against Barbarous Traytors and Monstrous Idolaters Shall the common Incendiaries of both Kingdoms strip themselves of all they have to accomplish our Destruction by devouring that rich and fruitful Island And shall the good People of this Nation of the same Blood and Religion with them think any thing too dear to redeem them seeing thereby we secure our selves by preventing the Rebels from coming hither We will therefore even in this distracted time assess 200000 l. on the Kingdom of England to be paid in two Years which will give credit for the present Relief of the Starving condition of Ireland and shall be reprized to the several Counties in the nature of the Adventurers for Land in Ireland Therefore we cannot doubt of chearful Submission hereunto since we cannot expect that God should bless us if we be wanting to our distressed Brethren and indeed to our selves for the malice of the Rebels is such that if they can root us out of that Kingdom they will not despair of extirpating us out of this and therefore we recommend all well-affected persons to a liberal Contribution to such a pious and commendable Work And on the 14th of July they issued another Declaration Ibid. 233. for the farther encouragement of Adventurers And on the 25th of July the Parliament publish'd their long Declaration which deduces the Affairs of Ireland historically from the beginning of the King's Reign and concludes that the Irish Rebellion was projected and incited by those Councils then prevalent with the King and that the Queen and her Priests and the Papists of all the three Kingdoms have been principal Actors and Sticklers therein And on the 5th of September they made an Ordinance That no man upon pain of losing his Ship do transport any Person out of Ireland into England without license c. And on the 18th they made an Ordinance for a Collection for the Clergy of Ireland and on the 18th of October they made a Weekly Assessment for the Support of such Forces in Ireland as oppose the Cessation and on the 24th they order That no Irish man or Papist born in Ireland shall have Quarter in England and in November they ordered That the Solemn League and Covenant should be taken in Ireland But the Cessation being confirmed by Patent under the Great Seal the Lieutenant General pursuant to His Majesty 's repeated Orders was busie in sending Forces to the Kings Assistance in England and because the Soldiers were generally very unwilling to fight against their own Country men whilst the Irish Rebels would insult over their distressed Companions and Relations that should be left behind there was an Oath of Fidelity contrived Sâ—e it Burlace 133. which every one of them were forced to take and several Penal Edicts were published against those who should desert or return and so in January the Regiments of Sir Michael Ernly Sir Richard Fleetwood Colonel Monk Colonel Gibson Colonel Warren c. were sent from Leinster as Sir William Saintleger and Colonel Myn were from Munster and though most of the former met with their Destiny at Nantwich and the later at the Siege of Glocester yet the arrival of these and other Forces out of Ireland did influence the Parliament to consent to the Treaty at Uxbridge which nevertheless did not produce that happy effect which all good men desired And little more than this was done in Ireland except Contests about setting out of Quarters and other Executions of the Articles of Cessation which shall be mentioned in each Province apart and the Preparations for the Treaty at Oxford which shall also be taken notice of in our account of that matter until the 21th day of January at which time JAMES Marquis of ORMOND was sworn Lord-Lieutenant at Christchurch in Dublin and took the following Oath Viz. You shall swear That you shall faithfully and truly to your power serve our Sovereign Lord the King's Majesty in the Room and Authority of Lord Lieutenant and Chief Governor of this His Realm of Ireland you shall maintain and defend the Laws of God and the Christian Faith you shall to your power not only keep His Majesty's Peace amongst His People but also maintain His Officers and Ministers in the Execution and Administration of Justice you shall defend His Majesties Castles Garisons Dominions People and Subjects of this Realm and repress His Rebels and Enemies you shall not consent to the Damage and Disherison of His Majesty His Heirs nor Successors neither shall you
at London you do not advertise us that Succours are coming our Necessities can admit of no delay but will oblige us to think of some other Course The Instructions from the Council were 1. To demonstrate that the Lord Lieutenant and Officers now employ'd being experienced will be more Serviceable to the Preservation and Reduction of Ireland than any others 2. That we prefer the interest of the Crown of England before our particular advantage and therefore rather than our continuance shall hinder Supplies we will surrender but because Patentees cannot leave their Places without His Majesties allowance and are sworn to that effect you must declare that they will resign So as His Majesties Direction be therein obtained and all of them preserved in Persons and Estates and indemnified from publick Engagements and repaid their Disbursements for the publick and be protected for Six Months from private Debts and have Liberty to transport themselves and their Apurtenances where they please And Pursuant hereunto there were two Sets of Proportions delivered to the Agents the first from the Lord Lieutenant only was 1. That he would prosecute the War against the Irish Rebels as vigorously as he shall be thereunto enabled by the Parliament and will faithfully serve the Crown of England therein 2. That neither the Forces he has nor the Forces or Supplies that shall be sent him shall be otherwise employed than according to the Directions of the Parliament of England 3. That he will neither make Cessation or Peace with the Rebels without Consent of King and Parliament of England 4. That he will be oblig'd hereunto by Oath or otherwayes Competent for a Man of Honor and Conscience The other Proposals were from the Lord Lieutenant and Council demanding 1. Three thousand Foot and Five hundred Horse which will make up those here to be Seven thousand fifteen hundred Foot besides Officers and One thousand Horse besides Officers which at three days Pay in a Week amounts to 8258 l. 12 s. od per Month of Twenty eight days and that three Months Pay for them be sent and 1000 l. for Contingencies and Ammunition c. convenient and some spare Arms and Swords 2. That all that have constantly and faithfully served in this War may be preserved in Persons Estates and Employments and the like by those that were for some time forcibly kept by the Rebels but left them as soon as they could and the same of those that went to serve the King in England and the like of so many of the Irish as are accepted of as Adherents to His Majesties Protestant Subjects in this Cause They also wrote to the Speaker of the House of Lords That they were necessitated to make the Peace and the Irish broke it because the British Plantations in Ulster were not subverted And Secondly because Popery was not established in its fulness of Jurisdiction and Practice That Athlone was surpriz'd That they were reduced to Extremity and refer'd themselves to the farther report of their Agents and prayed immediate Assistance Upon the Receipt of these Letters the Parliament of England resolved to send Succours as fast as they could but well knowing that Ormond and his Party were unmoveably fixed in their Loyalty they resolved not to continue him in the Government but to proceed upon the other Overture and to send Commissioners over to receive the Sword and Garisons from him and that being done to settle such a Chief Governour as they should think fit And accordingly they did send over Sir Thomas Wharton Sir Robert King Sir John Clotworthy Sir Robert Meredith and Richard Salway Esquire Who on the 13th day of November arrived in the Bay of Dublin they immediately sent to the Lord Lieutenant that they had matters of importance for the Preservation of the Protestants of Ireland to Communicate to his Excellency and desired his safe Conduct which was accordingly sent them and the next day they Landed and on the 15th they delivered his Excellency a Copy of their Commission and of the Ordinance of Parliament and of their Instructions which were to this Effect To assure the Marquis of Ormond and Earl of Roscomon c. that the Parliament would take the Protestants of Ireland into their Protection and if he would surrender up the Sword and Garisons in four days that then Ormond should enjoy his Estate and have Indemnity from Debts contracted on the publick Accoâ—â—â—s and shall be protected against all Debts for a Twelvemonth that he and his followers may have Passes to go where they please that Ormond should have Two thousand Pound per annum for five years and longer if he cannot receive so much out of his own Estate and that Ormond may live in England if he will submit to all Ordinances of Parliament and that for a Twelvemonth he may live in England and shall not be pressed to any Oath he engaging his Honour not to do any thing disserviceable to the Parliament during that time Then the Lord Lieutenant demanded if by the word Protection it was intended that the Protestants should enjoy their Lives Liberties Estates and Employments without Molestation of the Parliament he also desired to know when the abovesaid four days were to begin and to what Persons and to whose use the Sword and Garisons were to be delivered The Commissioners answer'd They could not explain the word Protection but doubted not but a fair Interpretation would be made thereof That the four days commenc'd 15 November at Nine in the Morning and the Sword and Garisons were to be surrendred to them the Commissioners to the use of the Parliament of England in order to the Preservation of the Protestants of Ireland Ormond repli'd That he could not remit the Safety of the Protestants to the incertainty of a future Interpretation The Commissioners then produc'd an additional Instruction to give such Protestants as they condition withal except such as have been in the Irish Rebellion Assurance of Security to their Persons Estates and Goods in Ireland and that they may live quietly under the Protection of the Parliament submitting to the Ordinances of Parliament and compounding for their English Estates at two years Purchase On the Sixteenth of November the Commissioners offered Assistances of Men and Ammunition for the present Defence of Dublin or Caution they be employ'd to no other use and be restored if the Treaty break off Then Ormond demanded Whether the Protestants that concluded the Cessation or Peace should be interpreted to be in the Irish Rebellion To which the Commissioners answered in the Negative And being farther demanded Whether they expected every protestant should treat for himself or that Ormond's Treaty should suffice for all they answer'd It should serve for all that submitted to the Parliament within twenty days after notice Then Ormond ask'd Whether it was expected they should submit to all Ordinances of Parliament that were or should be made The Commissioners answer'd He saw the Words and they had no
was taken at such a day and hour with all the circumstances at large and Letters to that purpose dated from Drogheda by the Rebels that that besieged it That Dublin was taken and being infinitely Ambitious of gaining the Earl of Ormond to their Part for the greater countenance to their Cause giving out that he was their own which was so long believed by the said followers until that Noble Earl giving daily those Honorable Testimonies to the contrary and they finding it to their cost tho' with the hazard of his own Person further than his place might well allow they are now otherwise satisfied and place him in the rank of their mortal Enemies together with that terror to them Sir Charles Coot and others And thus have I laid down all that I have heard to me related omitting what I find others more largely to insist upon All which their Treacherous vain and Airy projects God disappoint As for my own private sufferings by the present Rebellion I refer them to another Schedule this being so far taken up Hen. Jones Deposed before us March 3d. 1641. Roger Puttock John Stern John Watson William Aldrich William Hitchcock Appendix X. An Abstract of the Examination of Doctor Robert Maxwell afterwards Bishop of Kilmore THAT he observed Sir Phelim O Neal and other Irish overjoy'd at the Scots Invasion of England and as much dejected at the Pacification calling the English base degenerate Cowards and the Scots dishonorable Bragodochios that merchandiz'd their Honor for Mony and being asked the reason of their joy at bad news and their sorrow at good answered That if the Fewd had continued they hoped the Earl of Strafford would have perished in the Combustion That the Irish had frequent meetings Two or Three thousand in a company before the Rebellion and borrowed great Sums of Mony of the English without any apparent necessity but paid little or none that one Mac Case a Priest being disoblig'd by Sir Phelim inform'd the Lord Deputy Wandesford of a Plot but either he was not believ'd or said nothing to the purpose That Phelim O Neal brought home two Hogsheads of Powder under colour of Wine a little before the Rebellion and the Powder was bought by small parcels Ten or Twelve pound at a time in the Names of several Gentlemen and he brag'd that his Servants James Warren and Paul O Neal were in the Plot and apprehended but contrary to his expectation were dismiss'd at Council Table and that some Lord or other spoke for them there That Sir Phelim O Neal said that the Plot was in his Head Five or Six years before he could bring it to maturity and dissembled himself as a Fool to bring it about but since it was concluded on by the Catholick Members of the Parliament he was one of the last it was communicated to That Tirlogh O Neal Sir Phelim's Brother said that the business was communicated by the Irish Committee to the Papists in England who promis'd their Assistance and that by their advice some things formerly resolved on were alter'd and that it was a good Omen and Sign of Divine Approbation that the major part of the Irish Committee were Papists and that whilst the Protestants retir'd to a separate meeting at Chichester-Hall the remaining Papists sign'd a Combinatory writing of this Rebellion in the Tolsel which that Session drew on sooner than was at first intended That Sir Phelim said That if the Lords and Gentlemen of the other Provinces then not in Arms would not rise but leave them in the Lurch for all he would produce their Warrant Signed with their Hands and Written in their own Blood that should bring them to the Gallows and that they Sate every day at Council Board and whispered the Lords Justices in the Ear who were as deep in that business as himself That the Earl of Antrims Sister said Her Brother had taken Dublin Castle being removed thither to that purpose and her Brother Alexander had taken Carigfergus and that all Ireland was in the same Case with Vlster That the British should be preserv'd as long as it was consistent with publick safety and when not ' t is better an Enemy perish than ones self That Alexander Hovenden half Brother to Sir Phelim told him that the Fryers of Drogheda by Father Thomas Brother to the Lord of Slane had the Second time invited Sir Phelim and offered to betray the Town to him and Sir Phelim said of the same Fryer that he said Mass at Finglass on Sunday morning and in the afternoon did beat Sir Charles Coot at Swords and the Fryar being by answered that he hoped to say Mass at Christchurch Dublin within eight Weeks That several of the Irish Officers and Fryers said Why may not we as well fight for Religion which is the Substance as the Scots fight for Ceremonies which are but Shadows and that Straffords Government was intollerable and being answered that it lay no heavier on them than on the British they replied the British were no considerable part of the Kingdom and besides they were certainly inform'd that the Parliament of England had a Plot to bring the Papists to Church or cut them off viz. in England by English and in Ireland by the Scots that they were sure of aid next Spring from the Pope France and Spain and that the Clergy of Spain had already contributed Five thousand Arms and Powder for a whole Year then in readiness That the Priests and Fryers were their best Agents especially Paul O Neal upon whose arrival with advice from Spain the War broke out and since that he had gone to Spain with Letters and return'd back again with instructions in a Month. That being asked why they pretended a Commission from the King and at other times from the Queen they answer'd That it was Lawful for them to pretend what they could in advancement of their Cause and that in all Wars Rumours and Lies served to as good purpose as Arms. That Sir Phelim at first pretended only to Liberty of Conscience but as his Success so his Demands increased viz. To have all Offices of State and Justice in Irish hands and no Army Tithes and Church-Lands be restor'd to the Papists all Plantations since 1 Jacobi Dissanul'd no payment of Debts nor restitution of Goods to the Protestants all Fortiffcations in Popish hands British to be restrain'd from coming over Poynings Act and all Statues against Papists repealed and the Irish Parliament made Independent and even all this would not reduce Sir Phelim without a grant of the Earldom of Tyrone and the Priviledges of O Neal. That Sir Phelim pretended to a Prophesie that he should drive King Charles and his whole Posterity out of England to be profugi in terta aliena in aeternum and that several great Men drank a Health on the Knee to Sir Phelim O Neal Lord General of the Catholick Army in Vlster Earl of Tyrone and King of Ireland That he was informed That
Protestant Subjects And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants may continue of Force and be put in due Execution 3. That Restitution be made of all our Churches and Church Rights and Revenues and all our Churches and Chappels re-edified and put in as good Estate as they were at the breaking out of the Rebellion and as they ought to be at the charge of the Confederate Roman-Catholicks as they call themselves who have been the occasion of rhe Deftruction of the said Churches and possessed themselves of the Profits and Revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdom and that all Persons duly Indicted in the said Kingdom of Treason Felony or other Heinous Crimes may be duly and legally Proceeded against Outlawed Tryed and Adjudged according to Law and that all Persons lawfully Convicted and Attainted or to be Convicted and Attainted for the same may receive due Punishment accordingly 5. That no man may take upon him or execute the Office of a Mayor or Magistrate in any Corporation or the Office of a Sheriff or Justice of Peace in any City or County in the said Kingdom until he have first taken the Oaths of Supremacy and Allegiance 6. That all Popish Lawyers who refuse to take the Oath of Supremacy and Allegiance may be Suppressed and Restrained from Practice in that Kingdom the rather because the Lawyers in England do not here practise until they take the Oath of Supremacy and it hath been found by Woful Experience that the Advice of Popish Lawyers to the People of Ireland hath been a great cause of their continued disobedience 7. That there may be a present absolute Suppression and Dissolution of all the Assumed Arbitrary and Tyrannical Power which the said Consederates exercise over your Majesties Subjects both in Causes Ecclesiastical and Temporal 8. That all the Arms and Ammunition of the said Confederates be speedily brought into your Majesties Stores 9. That your Majesties Protestant Subjects Ruined and Destroyed by the said Confederates may be Repaired for their great Losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise disposed of whereby they may the better be enabled to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may Rebuild the several Plantation-Houses and Castles Destroyed by them in Ireland in as good state as they were at the breaking out of the Rebellion which your Majesties Protestant Subjects have been bound by their several Patents to Build and Maintain for your Majesties Service 11. That the great Arrears of Rent due to your Majesty out of the Estates of your Majesties Protestant Subjects at and since Michaelmas 1641 may be paid unto your Majesty by such of the Consederates who have either received the said Rents to the uses of the said Confederates or destroyed the same by disabling your Majesties Protestant Subjects to pay the same and have also destroy'd all or the most part of all other Rents or means of support belonging to your said Protestant Subjects And that your said Protestant Subjects may be discharged of all such Arrears of Rents to your Majesty 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion and that such Commanders as have raised Forces at their own charges and laid forth great Sums of Money out of their own Purses and engaged themselves for Money and Provisions to keep themselves their Holds and Soldiers under their Commands in the due necessary defence of your Majesties Rights and Laws may be in due sort satisfied to the encouragement of others in like times and cases which may happen 13 That touching such parts of the Confederate Estates as being forfeited for their Treasons are come or shall duly come into your Majesties Hands and Possession by that Title your Majesty after the due satisfaction first made to such as claim by former Acts of Parliament would be pleased to take the same into your own Hands and Possession And for the necessary encrease of your Majesties Revenue and better security of the said Kingdom of Ireland and the Protestant Subjects living under your Gracious Government there to plant the same with British and Protestants upon reasonable and honourable Terms 14. That one good Walled Town may be Built and kept Repaired in every County of the said Kingdom of Ireland and Endowed and Furnished with necessary and sufficient means of Legal and Just Government and Defence for the better security of your Majesties Laws and Rights more especially the true Protestant Religion in time of danger in any of which Towns no Papist may be permitted to Dwell or Inhabit 15. That for the better satisfaction of Justice and your Majesties Honour and for the future Security of the said Kingdom and your Majesties Protestant Subjects there exemplary Punishment according to Law may be inflicted upon such as have there Traiterously Levied War and taken up Arms against your Majesties Protestant Subjects and Laws and therein against your Majesty especially upon such as have had their hands in the shedding of Innocent Blood or had to do with the First Plot or Conspiracy or since that time have done any notorious Murder or Overt Act of Treason 16. That all your Majesties Towns Forts and places of Strength destroyed by the said Confederates since the said Rebellion may be by them and at their Charges Re-edified and delivered up into your Majesties hands to be duly put into the Government under your Majesty and your Laws of your good Protestants and that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion may be slighted and thrown down or else delivered up and disposed of for Protestant Government and Security as aforesaid 17. That according to the Presidents of former times in cases of general Rebellions in Ireland the Attainders which have been duly had by Outlawry for Treason done in this Rebellion may be established and confirmed by Act of Parliament to be in due form of Law transmitted and passed in Ireland and that such Traitors as for want of Protestant and indifferent Jurors to Indict them in the proper County are not yet Indictd not Convicted or Attainted by Outlary or otherwise may upon due proof of their Offences be by like Acts of Parliament Convicted and Attainted and all such Offenders forfeit their Estates as to Law appertaineth and your Majesty to be adjudged and put in possession without any Office or Inquisition to be had 18. That your Majesties Protestant Subjects may be restored to the quiet Possession of all their Castles Houses Mannors Lands Tenements Hereditaments and Leases and to the quiet possession of the Rents thereof as they had the same before and at the time of the breaking forth of this Rebellion and from whence
or any of them be taken off the File annulled and declared void First by your Majesties Proclamation and after by Act to be passed in the said free Parliament Answ This we conceive to be a very bold Proposition not warranted as we also conceive by any Example and tending to introduce an ill President in After-times for that was never seen that the Records were taken off the File but where there was some Corruption or Fraud or some illegal or unjust Carriage used concerning the procuring or making up of such Records and the same first we 'll proved upon due Examination and that may not only conceal but in some sort seem to justify their abominable Treasons Murders Cruelties Massacres and Plunders acted against your Majesties Person Crown and Dignity upon the Persons of your Majesties most Loyal Protestant Subjects in that Kingdom and encourage the Papists to do the like again besides the discouragement it may beget in your Majesties Officers and Subjects to do their duties in the like Insurrections which may happen hereafter which also may prove very prejudicial to your Majesties Rights and Revenues if the Records to support the forfeitures wherein many of them are or may be grounded should be taken off the File and Cancelled 5. Prop. That inasmuch as under colour of such Outlawries and Attainders Debts due unto the said Catholicks have been Granted Levyed and disposed of and of the other side that Debts due upon the said Catholicks to those of the adverse Party have been levyed and disposed of to publick use that therefore all Debts be by Act of Parliament mutually released or all to stand in Statu quo notwithstanding any Grant or Dispossession Answ We humbly conceive that in time of Peace and most setled Government when the course of Law and Justice is most open and best observed that Debts due unto the Crown actually levyed and paid in to your Majesties use ought not to be restored though the Records of the Forfeitures should be legally reversed which is far from the present Case and this Proposition tendeth to cross that just right of your Majesty and to make the disposition by the Confederate Papist Rebels of Debts due to Protestants and by the said Rebels by Fraud and Force levied and disposed in maintenance of their Rebellion which cunningly they call by the name of Publick use to be in equal degree to the debts owing by the Rebels and by them all forfeited and many of them by Law duly levyed which is a most unequal and unjust thing and the said Proposition cannot nor doth make offer to have the Pope's Confederates cut off from the debts due to them which they have justly forfeited but only for a colour of consideration to have the Protestants lose such Debts justly due to them as have been unjustly taken from them who have done no Act at all to forfeit them 6. Prop. That the late Officers taken or found upon feigned or old Titles since the Year 1634 to intitle your Majesty to several Counties in Connaught Thomond the County of Tipperary Limrick Killkenny and Wicklow be vacated and taken off the File and the Possessors thereof setled and secure in their antient Estates by Act of Parliament and that the like Act of Limitation of your Majesties Titles for the security of the Estates of your Subjects in that Kingdom be passed in that Parliament as was enacted in the One and Twentieth Year of his late Majesties Reign in this Kingdom Answ We know not of any Offices found or feigned Titles nor what the Confederates may demand in respect of any Graces promised by your Majesty which we intend not nor have any occasion to dispute but do humbly conceive that all those who have committed Treason in the late Rebellion subsequent to your Majesties Promise of those Graces have thereby forfeited the benefit thereof together with the Lands to which the said Graces might else have related and so their whole Estates are now justly fallen to your Majesty by their Rebellion which we conceive is of great importance for your Majesties Service to be taken into consideration As First with regard of the Statutes made in the present Parliament of England Secondly that necessary increase of your Majesties Revenue decayed by the present Rebellion Thirdly the abolishing the evil Customs of the Irish and preservation of Religion Laws and Government there Fourthly the satisfaction of the Protestant Subjects losses in some measure Pifthly the Arrears of your Majesties Army and other debts contracted for the War and for preservation of that Kingdom to your Majesty Sixthly the bringing in of more British on the Plantation Seventhly the building of some walled Towns in remote and desolate places for the Security of that Kingdom and your Majesties good Subjects there Eighthly the taking of the Natives from their former dependency on their Chieftains who usurped an absolute Power over them to the diminution of all Regal power and to the oppression of the Inferiors 7. Prop. That all Marks of Incapacity imposed upon the Natives of that Kingdom to purchase or acquire Lands Leases Offices or Hereditaments be taken away by Act of Parliament and the same to extend to the securing of Purchases Leases or Grants already made and that for the Education of Youth an Act be passed in the next Parliament for the erecting of one or more Inns of Court Vniversities Free and Common-Schools Answ This we conceive concerneth some of the late Plantations and no other part of that Kingdom and that the restriction herein mentioned is found to be of great use especially for the indifferency of Trials Strength of the Government and for Trade and Traffick and we humbly conceive that if other Plantations shall not proceed for the setling and securing of the Kingdom and that if no restraint be made of Popish purchasing or buylng of the Protestants out of their former Plantations where they were prudently setled though now cast out of their Estates by the late Rebellion and unable to plant the same again for want of means and therefore probably upon easie Terms will part from their Estates to the Confederates that those Plantations will be destroyed to the great prejudice of your Majesties Service and endangering of the Safety of that Kingdom Touching bearing of Offices we humbly conceive that their now Conformity to the Laws and Statutes of that Realm is the only Mark of Incapacity imposed upon them We humbly conceive that we ought not to expect to be more capable there than the Englssh Natives are here in England In like manner for Schools in Ireland there are divers setled in that Kingdom already by the Laws and Statutes of that Realm if any Person well affected shall erect and endow any more Schools there at their own Charges so that the School-masters and Scholars may be governed according to Laws Customs and Orders of England and the rest of Free-Schools here we cannot apprehend any just exception thereunto But
touching Universities and Inns of Court We humbly conceive that this part of the Proposition savoureth of some desire to become independant upon England or to make aspersion on the Religion and Laws of the Kingdom which can never be truly happy but in the good Unity of both in the true Protestant Religion and in the Laws of England for as for matter of charge such of the Natives that are desirous to breed their Sons for Learning in Divinity can be well content to send them to the Universities of Lovane Doway and other Popish places in foreign Kingdoms and for Civil Law or Physick to Padua and other places which draws great Treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheeply be bred up and become as Learned which course I conceive is holden out of their Pride and Disaffection towards this Kingdom and the true Religion here professed And for the Laws of the Land which are for the Common Law agreable to England and so for the greatest part of the Statutes the Inns of Court in England are sufficient and the Protestants come thither without grudging and that is a means to civilize them after the English Customs to make them familiar and in love with the Language and Nation to preserve Law in the Purity when the Professors of it shall draw from one original Fountain and see the manner of the practice of that in the same great Channel where His Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in that place of their principal Instruction where their Foundations of Learning are to be laid a degenerate Corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any Discipline to be used in Ireland or punishment there to be inflicted for departing from the true Grounds of things which are best preserved in Unity when they grow out of the same Root than if such Universities and Inns of Court as are proposed should be granted all which we humbly submit to your Majesties most pious and prudent Consideration and Judgment 8. Prop. That the Offices and Places of Command Honour Profit and Trust within that Kingdom be conferred upon Roman Catholick Natives in equality and indifferency with your Majesties other Subjects Answ We humbly conceive that the Roman Catholicks Natives of Ireland may have the like Offices and Places as the Roman Catholicks Natives of England have here and not otherwise howbeit we conceive that in the generality they have not deserved so much by their late Rebellion therefore we see not why they should be endowed with any new or farther Capacities or Priviledges than they have by the Laws and Statutes now in force in that Kingdom 9. Prop. That the insupportable Oppression of your Subjects by reason of the Court of Wards and Respit of Homage be taken away and certain Revenue in Lieu thereof setled upon your Majesty without Diminution of your Majesties Profits Answ We know of no Oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for the raising of your Majesties Revenues the preservation of your Majesties Tenures and chiefly the Education of the Gentry in the Protestant Religion and in Civility and Learning and good Manners who otherwise would be brought up in Ignorance and Barbarism their Estates be ruined by their Kindred and Friends and continue their depending upon their Chieftains and Lords to the great prejudice of your Majesties Service and Protestant Subjects and there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be pressed unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerns Respit of Homage We humbly conceive that reasonable that some way may be setled for that if that standeth with your Majesties good Pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Prop. That no Lord not estated in the Kingdom or estated and not resident shall have vote in the said Parliament by proxy or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdom Answ We humbly conceive that in the Year 1641 by the Graces which your Majesty then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limiting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more Proxies than two and prescribing the Peers of that Kingdom not there resident to purchase fitting Proportions of Land in Ireland within five Years from the last of July 1641 or else to lose their Votes till they should make such purchases which purchases by reason of the Troubles hapning in the Kingdom and which have continued for two years and a half have not peradventure yet been made and therefore your Majesty may now be pleased and may take just occasion to enlarge that time for five Years more from the time when that Kingdom may again be setled in a happy firm peace And as to Members of the House of Commons the same is most fit as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom 11. Prop. That an Act be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of it self independant of and not subordinate to the Parliament of England and that the Subjects of Ireland are immediately subject to your Majesty as in right of your Revenue and that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independant and no way to be ordered or concluded by the Parliament of England and are only to be ordered and governed within that Kingdom by your Majesty and such Governours as are or shall be there appointed and by the Parliament of that Kingdom according to the Laws of the Land Answ This Proposition concerns your Majesties High Court of Parliament both of England and Ireland and is beyond our Abilities who are not acquainted with the Records and Presidents of this Nature to give an Answer thereunto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Prop. That the assumed Power or Jurisdiction in the Council Board of determining all Manner of Causes be limited to Matters of State and all Patents Estates and Grants illegally and extrajudicially avoided there or elsewhere be left in State as before and the Parties grieved their Heirs or Assigns till legal Eviction Answ The Council-Table hath always exercised Jurisdiction in some Cases ever since the English Government
in England provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant Party or their Adherents or to any of his Majesties Roman-Catholick Subjects Party or their Adherents other than such things as upon this Treaty shall be concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and such other things as shall be propounded to either or both Houses by the Lord Lieutenant or other chief Governour or Governours for the time being during the said Parliament for the advancement of His Majesties Service and the Peace of the Kingdom which Clause is to admit no construction which may trench upon these Articles or any of them 3. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman-Catholick Subjects of this Kingdom or any of them since the Seventh of August 1641 shall be vacated and that the same and all exemplifications and other Acts which may continue the memory of them be made void by Act of Parliament 4. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiams Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries since the Seventh of August 1641 in prejudice of the said Catholicks their Heirs Executors Administrators and Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done immediately after concluding of these Articles and at furthest before the First day of October next or in case the said new Parliament be called sooner than the said last day of November then Forty days before the said Parliament And that all impediments which may hinder the said Roman-Catholicks to Sit or Vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to Sit or Vote there shall be removed before the said Parliament provided that no man shall be questioned by reason of this Article for mesne rates or wastes saving wilful wastes committed after the First of November 1645. 5. It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all debts do stand in state as they were in the beginning of those troubles and that no grant or disposition made or to be made thereof by vertue or colour of any Attainder Outlawry Fugacy or other Forfeiture whatsoever or otherwise shall be of force and this to be passed as an Act in the said next Parliament 6. It is concluded accorded and agreed by and between the said parties and His Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Country of Thomond as of the County of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the Five and Twentieth Article of the Graces granted in the Fourth year of his Majesties Reign the Tenor whereof for so much as concerneth the said Proposition doth ensue in these words viz. We are Graciously pleased that for the securing of the Inhabitants of Connaught and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Vs Our Heirs and Successors in which Act of Parliament so to be passed you are to take care that all Tenures in Capite and all Rents and Services as are now due or which ought to be answered unto Vs out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighht or found by any Office taken from the said first year of King Henry the Eighth until the One and Twentieth of July 1615 whereby our late dear Father or any His Predecessors actually received any profit by Wardship Liveries primer Seisins mesne rates Oâ—ster le mains or fines of alienations without licence be again reserved unto Vs Our Heirs and Successors And all the rest of the premises to be holden of Our Castle of Athloane by Knights Service according to our said late Fathers Letters notwithstanding any Tenures in Capite found for Vs by Office since the One and Twentieth of July 1615 and not appearing in any such Letters Patents or Offices within which rule it is His Majesties pleasure and it is so concluded and agreed that the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the Fourth Year of His Majesties Reign Provided always and it is the intention of the said parties to these presents that the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and Country of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such Composition and Agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respites and Issues of Homage any clause in this Article contained to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was Intituled by Offices taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is graciously pleased that the state thereof shall be considered in the next intended Parliament wâ—â—rein His Majesty will assent unto that which shall be Just and Honourable And it is further concluded and agreed by and between the said Parties and His Majesty is further graciously pleased that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and Twentieth Year of His late Majesty King James His Reign in England 7. It is further concluded accorded and
secured in their Persons Estates and Goods that they have in Ireland and that they may live quietly and securely under the Protection of the said Parliament and their Forces either within England Ireland or Wales and that they shall enjoy those their Estates and Goods without any molestation or question from the said Parliament as any others do who have not offended the said Parliament they submitting to all such Ordinances of Parliament made or to be made as all others do submit unto who have never offended the Parliament 3. Item It is fâ—rther agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion who have any Estates or Lands in England though they have of late consented or submitted either to the Cessation of Armes or the Peace concluded with the Irish Rebbels may compound for the same at the raâ—e of two years profit as they were before the beginning of these troubles they submitting to such Ordinances of Parliament as all Persons now compounding in England do submit unto Provided that they effectually prosecute the same within six months after the publication of this Article 4. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that such as have come under contribution and do now live in the English Quarters and will continue payment of contribution shall be protected in their persons and estates as well from the violence of the Souldiers under the Parliament as of the enemy and this to be extended to all without any distinction of offence or religion and that they shall receive Safeguard by the countenance of the Forces under the Parliament 5. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Onmond that the said Lord Marquess shall enjoy his Estate without molestation or disturbance from the Parliament and shall have indemnity against all debts contracted by reason of any goods Money Debts or Victuals taken up by vertue of any Warrant signed by him and the Councel from any person for the maintenance and support of the Army or any of the Garrisons now under his Lordships Command 6. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall be protected in his person and goods for the space of twelve Months against all Suits Arrests molestation or disturbance from any person whatsoever for any debt owing by him to any person whatsoevert before the Rebellion in Ireland 7. Item It is agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that the said Lord Marquess and all such Noblemen Gentlemen and Officers as shall be desirous to go with him or by themselves into any place out of Ireland shall have free passes for themselves their Families Goods and travelling Arms and a competent number of servants sutable to their respective qualities Provided they demand the said passes within twenty days after the date of these Articles and the said passes are to be in force for three months and no longer after the date of the said passes 8. Item It is agreed and concluded and the said Arthur AAnnesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall have liberty to come and live in England with the like liberty that others have he submitting to all Ordinances of Parliament and for the time of twelve moneths shall not be prest to any Oaths he engaging his honour to do nothing in the mean time that shall be disservice to the Parliament 9. Item Forasmuch as in the sixth Article of the said Lord Marquess of Ormonds additional instructions to Sir Gerrard Lowther Sir Francis Willoughby and Sir Paul Davies it is affirmed by his Lordship that the sum of thirteen thousand eight hundred seventy seven pounds fourteen shillings nine pence is less than the sum disbursed by his Lordship for the maintenance of the Garrisons of Dublin Dundalke Newry Narrow water Green Castle and Carlingford which sum upon Accompt ☜ appeared to the Councel of this Kingdom and to us by their Certificate to be disbursed as aforesaid it is therefore concluded and agreed and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess that upon performance of what is undertaken by his Lordship he shall receive three thousand pounds in mony to answer his occasions in and until his Transportation and likewise Bills of exchange to be accepted by sufficient men in France or Holland to pay unto him ten thousand eight hundred seventy seven pounds fourteen shillings and nine pence of currant mony of and in England either in English mony or such other Coyns as shall be of equal value or worth as so much English mony to be paid to such as his Lorship shall appoint to wit the one half at fifteen days after sight and at six months the other half 10. Item It is agreed and concluded and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude and agree and undertake to and with the said Loâ—â— Marquess of Ormond that there shall be pensions to such as the said Commissioners shall think fit forthwith ascertained to the value of two thousand pounds sterling per annum unto such of the Civil and Martial List as also of the distressed Clergy as shall be thought meet to extend it to in such way as may give best satisfaction those Pensions to continue during the Wars till they can receive the like benefit by their own Estates And to the end that upon publication of the Articles these popish Recusants who have not assisted nor adhered to the Rebellion in this Kingdom may be incouraged to continue in their habitations and in enjoyment of their Estates with confidence 't is declared by the said Arthur Annesly Esquire c. in behalf of the Parliament of England that the said Parliament will take them into consideration for favour according as they shall demean themselves in this present Service and thereof they are hereby assured IN WITNESS whereof the said Lord Marquess
of Ormond in behalf of himself and others his Majesties Subjects and the said Arthur Annesly Esq c. for and in behalf of the Parliament of England have to these Articles interchangeably set their Hands and Seals And the day before these Articles were Sign'd Viz. 18 July the Parliament Commissioners Signed the separate engagement following Viz. We do hereby consent that the most Honourable the Marquess of Ormond shall be permitted with his Family to continue without trouble or molestation in the Castle of Dublin until the 28 th day of July next unless the Parliament or the Committee at Derby House declare their pleasure for his removal sooner which is to be observed within four days after signification thereof and in the mean while his Lordships own Company commanded by Captain Fortescue Sir Francis Willoubyes Company Collonel Willoubyes Company and Captain Charles Blundells Company shall do the duty for the Guard of the Castle and such as are compriz'd within the Treaty shall have liberty to repair to his Lordship as they shall have occasion and during such his Lordships continuance there he may give the order in the said Castle And at the same time the Marquess of Ormond signed an engagement to leave the Castle and to depart thence according to the abovesaid agreement Appen XXIX The Remonstrance of the Lord Inchiquen and the Army of Munster Mr. Speaker IT is not without an unanswerable proportion of Reluctancy to so heavy an Inconvenience that we are thus frequently put upon the asserting of our own fidelities to the Services of the honourable Houses whereunto as we have by several evidences the mention whereof we make without vain glory manifested our selves sincerely faithful so hath it pleased the Divine providence to prosper our endeavours with very many improbable successes to the attainment whereof though we have strugled thro' all the difficulties and contended with all the sufferances that a People unsupply'd with all necessary and secondary means could undergo yet have we encountred nothing of that dis-affection or dis-couragement as we find administred unto us by a constant observation that it is as well in the power as it is in the practice of our malicious and indefatigable Enemies to place and foment differences upon us not only to our extream scandal and disgrace which we should the less resent â—f their malice could terminate in us but to the obstructing of the supply order'd and design'd for publick service and to the irreparable prejudice thereof which our Enemies can value at so low a rate as to put it into the bargain they are in hand to make for our destruction It being very approvable by us that several Persons in power there do interpose their endeavours to continue us by the Impeding of supplies in a desperate languishing and perishable condition upon the Place and in a despicable and doubtful esteem with the honourable Houses whereof there will need no other instances than that after the several promises made by Letters from the Honourable Committee at Darby house and votes pass'd for transmitting supplys unto us especially in case of Major General Starling his being sent to attend the pleasure of the Houses the only Remora then alleadged to make stay of seven thousand Suits of cloaths and ten thousand pounds in money being before designed for our releif there is no more than two thousand seven hundred pounds sent unto us in mony and thereof but fifteen hundred pounds design'd for the feeding of us and the Souldiers under our Command And that notwithstanding the signal Testimony given of our real intentions and affections to that Cause and service in a late Engagement against the Rebels at Knockninosse which we touch at without any affection of vain-glory the Votes then renewed for our Relief and the Order for our Indemnity which was conceived would not have found so much hesitation with those whose service we had only profest are laid aside and nothing effectual or advantagious done in order thereto for our avail save the transmittal of two-thousand seven hundred pounds but on the contrary new jealousies and distrusts of us are reimbrac'd and fomented It is not therefore so insupportable a dis-comfort to us to observe our own lives exposed a sacrifice to the malice of our now potent publick Enemies who by the conjunction of three several armies are not more encourag'd to confront us in the field than we by the art and practice used to withhold those just and necessary supplyes from us disabled to joyn battle with them as to observe our honourable Reputation and Integrity dearer to us than our lives brought into such frequent question and unworthily mangled depraved and slaughtered by the calumnious aspersions of our powerful and prevailing adversaryes in despight of all our zealous and cordial Endeavours to give indubitable testimony and evidence of our Fidelities What if we are beyond any common measure afflicted and dismay'd we are confident that all persons of honour will acknowledge that we have much more than common cause And now that our adversaries have prevailed to deprive us not only of all hopes of subsisting here in your service but have proceeded for to provide that we may not live hereafter but out of your favour So having intercepted and perverted the comfort we well hoped to have received from other testimonies of our sincerity they have only left us this expedient to testifie our mindfulness of our duty by which is to give humble intimation to that honourable House that we are involved in so great and extream Exigences of distress and universal want with the pressure of three joynt Armies upon our weak and naked forces that there remains no humane means discernable amongst us to subsist by any longer in this service unless it shall stand with the pleasure and piety of those in whose service we have exhausted both our blood and Livelyhoods to send us some seasonable and considerable supplyes or that we should be inforced to entertain such terms as the Rebels will give us which of all things we abominate as knowing our necessities will render them such as must be both obstructive and dishonourable and therefore shall resolve of making that the last Expedient to preserve our own and many thousands of poor Protestants lives by or that it shall please the honourable Houses to send Shipping to fetch us off And so in discharge of our dutyes both to God and man we humbly offer to consideration and remain Subscribed by the Officers under the Lord Inchiquen Appendix XL. The Instructions from the Confederate Catholicks to their Ambassadors Instructions to be observed by the Bishop of Fernes and Nicholas Plunket Esq Commissioners Authorized by and in the behalf of the Confederate Roman Catholicks to the Pope IMprimis You are to represent unto his Holiness the deplorable condition wherein the confederate Catholicks are and for your better information to take with you the draught of the representation of the present condition