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
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
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
Soldier because he had English Bisket in his Pocket Sullevan 67 O Sullevan tels us that from 1168. to the Apostacy of Henry VIII the English though Catholicks by continual Tyranny and Rapine destroyed the Discipline of Church and State and fol. 67. that the English were Irreligious Inconstant and Heretical being in Dioclesian's Persecution Apostates afterwards Arians then Pelagians then Heathens then Idolaters then Murderers of S. Thomas of Becket and then Protestants in a Word wherever they dare do it they do not spare to asperse the English Nation and Government with most Malicious and Opprobrious Accusations and whoever considers That the Bishop of Clogher did so purge his Ulster-Army that he would not suffer any Papist to be in it that was of English Extraction and the Advice of Mr. Mahony in his Disputatio Apologetica Not to make a Priest of English Race nor to trust any that are so Whoever I say considers this and the true Reasons of it will easily be convinced That the Old English and the Old Irish will one Time or other split upon the old indelible National Antipathy As to the second viz. Interest it concerns the Irish and the Old English both of which have Inteterests incompatible with the New English For when the English Lords usurped Irish Arbitrary Power as aforesaid and the Commons being made Vassals to their Lords and holding their Properties but precariously fell naturally into Licentiousness to the Ruine of the Commonwealth The Duke of Clarence in the Reign of Edward III thought to cure this Malady by resuming those Palatinate Jurisdictions and other great Priviledges those English Lords had so enlarged and abused whereupon the Earl of Desmond broached the distinction between the English of Blood and the English of Birth and the former did not only confederate together but also brought in the Irish to their Assistance and Gosip'd Foster'd Married and Incorporated with them so that the Government was obliged to relax their intended Severity and to let these old Englishmen lord it as they pleased till a better Opportunity should be offered for the intended Resumption However from henceforward the Old English and Irish kept a Correspondence and upon the Reformation became more firmly united by the common tye of Religion and under Pretence of defending Religion and their usurped Jurisdictions they were found together in many Rebellions and their Estates confiscated and given to the new English so that they are united in a common Interest to recover their forfeited Estates if they can and when that is done the Irish have their particular Interest apart to recover their old Estates from the first Conquerors or Intruders As for the third viz. Religion I need not explain the Irreconcilable Antipathy that is between the Roman Catholick Religion and Heresie or between true Religion and Idolatry the Differences of Nation and Interest may be suspended lessned ay buried and annihilated but there is no Reconciliation to be made between God and Mammon This great concern has so silenced all the rest that at this Day we know no difference of Nation but what is expressed by Papist and Protestant if the most Ancient Natural Irish-Man be a Protestant no Man takes him for other than an English-Man and if a Cockny be a Papist he is reckoned in Ireland as much an Irish-man as if he was born on Slevelogher the Earls of Insiquin and Castlehaven are Examples hereof the one being of the best and ancientest Family in Ireland was yet the beloved General of an English Army and the other being the second Baron of England was Commander of the Irish Forces There is also another Difference in Religion between the Episcoparians and the Dissenters which last are branched into several Sects but it is not at all or very little taken notice of in Ireland because they do really manage this Affair more prudently than some other more celebrated Nations and sacrifice these petty Fewds to the common Interest of opposing Popery And that these Distinctions may appear to be neither trivial nor meerly Notional it will be necessary to give Instances of these several Factions in the late Irish Wars and first there was an Army of all meer Irish not an English Papist among them commanded by the Bishop of Clogher and another of meer English all Papists under General Preston And secondly There was an Army of Old English and Irish under the Lords Mountgarrat Taaf c. and an Army of New English commanded by the Earls of Ormond Insiquin c. And thirdly there was an Army of Papists under the Nuntio and an Army of Protestants commanded by the Marquess of Ormond But how stand these great Differences at this Day Why truly worse than ever for as to the first Whereas the Old English were heretofore on the British side in all National Quarrels they are now so infatuated and degenerated that they do not only take part with the Irish but call themselves Natives in distinction from the New English against whom they are at present as inveterate as the Original Irish though perhaps Time may open their Eyes and rectifie that Error And as to the Second whereas at Queen Elizabeth's Death the Protestants had not above a fourth part of the Kingdom the Escheats in Ulster in King James his time and the Act of Settlement since has given them two fourths more so that now they have three Quarters of the whole and thereby more Irish are disobliged than were formerly and their Loss is greater and consequently their Interest to regain it is larger and more pressing than it was in former Times As to the third viz. Religion it 's certain the Papists were never so enraged at the Northern Pestilent Heresie as of late they have been and the Folly Insolence and Cruelty of these last seven Years has justly rendred Popery more odious than ever to the Protestants But was there no way to secure Ireland without Sanguinary Laws and Inhuman Persecutions Yes sure if People would in time have set themselves to repair the State of Ireland as the Jews under Nehemiah did to re-edifie the Walls of Jerusalem viz. every one build over against his own House the Matter had been easily and quietly accomplished for the formidable Bulk of Irish Papists were for the most part Servants or Tenants to Protestants and of their breeding up and if the English would have sacrificed a little sordid Profit to the Publick Good and have countenanced and indulged Protestant Servants and Tenants instead of Papists a very few Years would have put themselves and their Religion out of Danger But at this Day the Provocations are carried so high and the Irish have abused the English to that degree of Barbarity and Ingratitude that it will be hard to perswade the Protestants to trust them again or to live neighbourly with the many more Nevertheless since Extirpations are Cruelty in the Abstract and odious to Human Nature there must be a Method found out to
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
at any Alarm Maurice Fitz Girald as soon as he discover'd O Mlaghlin's Design gave the Signal to Griffith but before he could come up the Irish had kill'd Lacy's Interpreter who interposed to save his Master and had his Arm cut off for his Pains Lacy himself was twice knockt down but Griffith being come he soon ended this Skirmish by the Death of O Mlaghlin whose Head he cut off and sent it into England But Lacy being unable to manage the Kingdom and the King being so perplexed with the Rebellion of his Sons that he could not personally attend the Irish Affairs it was necessary to send for Strongbow into Normandy where the King was and to give him the Government of Ireland Strongbow being sent for did readily wait on the King and being made acquainted with his Majesties Intentions he made it his Request That to avoid Envy and Jealousie Reymond le Gross might be his Colleague in the Government The King replyed That Reymond should be joyned with him as an Assistant but not in Commission And so having express'd much Confidence in the Earl he gave him the City of Wexford and the Castle of Wicklow and sent him to his Government Richard Earl of Chepstow commonly call'd Strongbow Chief Governour or Lord Justice of Ireland at his arrival there found all things in Disorder many of the Irish actually revolted and all of them confederated to shake off the English Yoke the Army also was Mutinous for want of Pay and the Generals Hervy and Reymond were at odds Immediately he put the Army under the Conduct of Reymond 1174. who led them into Ophaly where they met with good Prey Thence he advanced to Lismore and spoiled both the Town and the Country and so by the Sea-side he marched towards Waterford At Dungarvan he found thirteen Boats which he seized and loaded with Prey and Plunder But being detained there a long time by contrary Winds the People of Cork found means to fit out thirty two Barques and manfully assaulted the English in their Boats nevertheless the English Bows and Arrows prevailed and the Corcagians were defeated and their Admiral Gilbert mac Turger slain Whereupon the English under their Admiral Adam de Hereford sailed triumphantly into Waterford Dermond mac Carthy King of Cork came with his Forces by Land to countenance the aforesaid Attempt of the Corcagians by Sea and to seize on the English Boats if perhaps they should be forced ashore as he expected but Reymond met him and gave him such a Brush that he got a Prey of four thousand Cows by the Bargain and brought them safe to Waterford But whilst Reymond was thus busied in Munster he received Advice of the Death of his Father William Fitz-Girald which obliged him to take a Voyage into Wales to get Possession of the Inheritance descended to him By this Accident the Command of the Army fell to Hervy and abundance of Trouble and Misfortune hapned to the Earl For it was not long before Hervy perswaded the Earl to an Exploit 1175. somewhere about Cashel and in order to it to send for more Forces from Dublin but Donald Prince of Ossory having Notice of it surpriz'd them in their March and fell upon them in Ossory where he slew four Gentlemen and four hundred Soldiers being of that sort of the Citizens of Dublin which were called Easterlings With this great Victory the Irish were elevated beyond measure and fansied They had now got a favourable Opportunity to extipate the English And to that End they armed every where and even those Irish whom he had most obliged and those also from whom he had Oaths and Pledges did nevertheless joyn with the rest in this General Conspiracy Rotherick with a mighty Army passed the River Shenin and Burnt and Prey'd the Country even to the Walls of Dublin And Strongbow was coopt up in Waterford in continual Fear of a Massacre thereâ— In this miserable Condition he sent to Reymond into Wales desiring him to hasten over and promised him the Fair Basilia Strongbow's Sister as the Reward of his Expedition Reymond made all possible Hast and with thirty Gentlemen an hundred Horsemen three hundred Archers and Footmen and in twenty Barques arrived at Waterford very seasonably for the Citizens were then conspiring the Murder of the English which by this Accident was postponed for a Time Immediately the Earl Reymond and the Army march'd to Wexford and soon after the Citizens of Waterford murdered the Governour Pursel and butcher'd all the English Men Women and Children except such as saved themselves in Reginalds Tower But they manfully kept that Tower and afterwards regained the City and forced the Citizens to submit to hard Conditions Strongbow and the Army being at Wexford Reymond was married to the Fair Basilia and had with her Idrone Glascarig Fothard and the Constableship of Leinster But in the midst of their Jollity they received Information That Rotherick had invaded Leinster wherefore the next Day they marched towards Dublin But Rotherick at the News of their Approach retreated and Reymond caused the ruined Castles to be repaired particularly the Castle of Trim and so hoped that he might now enjoy his Beautiful Spouse in quiet But the Prince of Limerick was resolved to follow his Blow and continued in open Defiance so that Reymond was forced to march to him September 1176. with twenty six Gentlemen three hundred Archers and three hundred Horsemen David Walsh forded or rather swam the River of Shenin into the Island of Limerick whom by Reymond's Persuasion and Example the rest followed October 1. and took that City and after plundering it they left a Garrison in it under Meyler of S. Davids consisting of fifty Gentlemen two hundred Horse and two hundred Archers and returned Hervey of Mount-Morris by his Letters to the King had suggested That Reymond intended to keep Limerick for himself and that he and Strongbow would monopolize Ireland and several other Falsities which so moved the King's Jealousie that he sent over Robert Power Osbert of Hereford William Bending and Adam of Germeny whereof two were to bring over Reymond and the other two to stay and watch the Earl In the mean Time Letters came from Limerick importing That the Garrison was in Distress besieged by Daniel O Bryan Whereupon it was resolved as well by Strongbow as by the new Messengers That Reymond must undertake to relieve it Wherefore taking with him eighty Gentlemen two hundred Horse and three hundred Archers with some Irish under Morough of Kensile and Donold of Ossory he marches towards Limerick but O Bryan not willing to fight with the Army and Garrison at once raises his Siege and marches towards Cashel 1177. and by plashing the Trees and trenching his Camp he made it as strong as he could It was pleasant to behold the Prince of Ossory who was O Bryans Mortal Foe to tell the English That they must fight valiantly and be Victors or He
and His would cut their Throats for he was resolved to be of the strongest Side and though he would help them whilst they sought he would certainly turn against them if they fled But the English Valour needed not such a Whet for according to their Custom they fell upon and routed the Enemy and marched to Limrick and relieved the Garrison which produced a Parley Easter-Tuesday and that a new Submission and Hostages as well from Daniel Prince of Limrick as from Rotherick late Monarch of Ireland who sent his Son over to the King as Hostage of the Peace 1177. and afterwards by his Agents the Archbishop of Tuam the Abbot of S. Brendam and Laurence his Chaplain entred into the following Agreement Hic est finis Concordia quae facta fuit apud Windesore Hanmer 144. in octabis Sancti Michaelis anno gratiae 1177. inter Dominum Regem Angliae Henricum secundum Rodericum Regem Conaciae per Catholicum Tuamensem Archiepiscopum Abbatem C. Sancti Brandani Magistrum Laurentium Cancellarium Regis Conaciae I. QVod Rex Angliae concedit praedicto Roderico Ligeo homini suo Regnum Conaciae quamdiu ei fideliter serviet ut sit Rex sub eo paratus ad servitium suum sicut homo suus ut teneat terram suam ita bene in pace sicut tenuit antequam Dominus Rex Angliae intravit Hiberniam reddendo ei tributum totam illam terram habitatores terrae habeat sub se Justitiae ut tributum Regi Angliae integre persolvant per manum ejus sua jura sibi conservent illi qui modo tenent teneant in pace quamdiu mansuerint in fidelitate Regis Angliae fideliter integre persolverint tributum alia jura sua quae ei debent per manum Regis Conaciae salvo in omnibus jure honore Domini Regis Angliae suo II. Et siqui ex eis Regi Angliae ei Rebelles fuerint tributum alia jura Regis Angliae per manum ejus solvere noluerint à fidelitate Regis Angliae recesserint ipse eos justitiet amoveat si eos per se justitiare non poterit Constabularius Regis Angliae familia sua de terra illa juvabunt cum ad hoc faciendum cum ab ipo fuerint requisiti ipsi viderint quod necesse fuerit propter hunc finem reddet proedictus Rex Conaciae Domino Regi Angliae tributum singulis annis scilicet de singulis decem animalibus unum Corium placabile mercatoribus tam de tota terra sua quam de aliena III. Excepto quod de terris illis quas Dominus Rex Angliae retinuit in Dominio suo in Dominio Baronum suorum nihil se intromittet Scilicet Durelina cum pertinentiis suis Media cum omnibus pertinentiis suis sicut unquam Murchait Wamai Leth-Lachlin eam melius plenius tenuit aut aliqui qui eam de eo tenuerint Et excepta Wexfordia cum omnibus pertinentiis suis scilicet cum tota Lagenia excepta Waterfordia cum tota terra illa quae est à Waterfordia usque ad Dungarvan ita ut Dungarvan sit cum omnibus pertinentis suis infra terram illam IV. Et si Hibernenses illi qui aufugerint redire voluerint ad terram Baronum Regis Angliae redeant in pace reddendo tributum praedictum quod alii reddunt vel faciendo antiqua servitia quae facere solebant pro terris suis hoc sit in arbitrio Dominorum suorum si aliqui eorum redire noluerint Domini eorum Rex Conaciae accipiat obsides omnibus quos ei commisit Dominus Rex Angliae ad voluntatem Domini Regis suam ipse dabit Obsides ad voluntatem Domini Regis Angliae illos vel alios ipsi servient Domino de Canibus Avibus suis singulis annis de pertinentiis suis nullum omnino de quacunque terra Regis sit retinebunt contra voluntatem Domini Regis His testibus Richardo Episcopo Wintoniae Gaufrido Episcopo Eliensi Laurentio Duveliensi Archiepiscopo Gaufrido Nicholao Rogero Capelanis Regis Gulielmo Comite Essexii aliis multis Whilst Reymond staid at Limrick there came to him Dermond Mac Carthy King of Cork craving Aid against his Son Cormock Lehanagh who had imprisoned him and used him barbarously Reymond assents upon the Terms agreed between them conquers where he goes subdues the Rebellious Son and delivers him Prisoner to his Father who unnaturally smote off his Head and not long after says Cambrensis the Men of Cork at a Parlee not far from the Town slew their Prince the aforesaid Dermond mac Carthy and most of his Company It seems that Dermond mac Carthy King of Cork gave unto Reymond for this Expedition a large Tract of Land in the County of Kerry then reckoned part of the Kingdom of Cork there Reymond setled his Son Maurice who married Catherine Daughter of Miles Cogan and grew so Great and Powerful that he gave Name both to his Country and his Family this being called Fitz-Morris and that Clan-Morris and both the one and the other are enjoyed to this Day by his Lineal Heir Male the Right Honourable William Lord Baron of Kerry Whilst Reymond was in the County of Cork he received a Letter from his Wife in these Words KNow my dear Lord That my great Cheek Tooth which was wont to ake so much is now fallen out wherefore if you have any Care or Regard of me or of your self come away with all speed By this Reymond knew that Strongbow was dead 27 May 1177. but he wisely concealed it and immediately returned to Limerick And because he wanted the Soldiers to garrison the Towns near the Sea he delivered the City to Donald Prince of Thomond the King's Subject upon a new Oath and Hostages but he as soon as the Garrison was out perfidiously set Fire to the City in four Places that it might be no more a Nest for English Men. Thence Reymond marched to Dublin and the Funerals of the Earl were there solemnized by the Archbishop of Dublin The King's Messengers returned to England with an account of the State of Affairs leaving with the Consent of the Council the chief Government with Reymond who soon after surrendred to William Fitz-Adelm Ancestor of the Burks or Burghs the King's Sewer or Taster with whom were sent Courcy Fitz-Stephens and Cogan as Counsellors and Assistants He was allowed twenty Gentlemen and they ten a piece He landed at Wexford whither Reymond marched to meet him he viewed the Sea-Coasts and took Care of the Towns and Castles that way but did not much mind the Frontiers against the Irish This William Fitz-Adelm was related to the Crown for Arlotte Mother of William the Conqueror was married to Harlowen de Bourgo by whom she had Robert
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
Justice was so vigilant that before the end of August the Rebels were dispersed and their Captain William mac Balthar was taken and hanged In the midst of these Disturbances John Decer Mayor of Dublin who had some time before built the Bridge over the Liffy Ibid. 166. near S. Wolstons and the Chappel of our Lady at the Friers Minors and had also repaired the Church of the Friers Preachers and every Friday feasted the Friars at his own Cost did now build the high Pipe in Dublin But the Lord Justice being sent for into England to give an Account there of the miserable State of Ireland substituted William Burk August 1308. Custos Warden or Deputy of Ireland He was Ancestor of many Noble Families and particularly of the Lords Castleconel and Leitrim In his time the Irish burnt Athy and Richard Talon was murthered by Maurice de Condon Cambden 166. and Candon was served in the same kind by the Roches and Odo mac Cathol O Connor slew Odo King of Conaught But in March following Peirce de Gaveston an insolent Frenchman was by the Nobility of England in Parliament banished that Kingdom whereupon the King to make this Exile of his Favorite as easie as he could gave him the Government of Ireland and assigned to him the Revenue and Royal Profits of that Realm so that thither he came with a great Retinue and he behaved himself so well that he broke and subdued the Rebels in the Mountains near Dublin He slew Dermond O Dempsy a great Irish Captain at Tully he marched into Munster and subdued O Brian in Thomond he rebuilt the new Castle of Mackingham in the Kevins Country and repaired the Castle of Kevin and cut and cleansed the Paces between that and Glendelough he was exceedingly beloved of the Soldiers both for his Liberality and Valour and might have done much Good there if he had staid longer Nevertheless he could not brook Richard Earl of Vlster who was the greatest Lord in Ireland This Earl as it were to nose Gaveston did at Whitsontide keep a great Feast at Trim Camb. 166. and dub'd two of the Lacies Knights and marched as far as Tredagh to encounter the Lord Lieutenant but on better Advertisement he returnd But the King impatient of Gaveston's longer Absence recalled him on the twenty third of June and sent in his Room Sir John Wogan 1309. Lord Justice M. S. Fragm and in October following the Noble Lord 4. says 1308 Roger Mortimer came over with his Wife Heiress of Meath and had quiet Possession of that Country the Grand-father Sir Geofry Genevil entring into a Monastery On the second of February Sir Arnold Poer slew Sir John Bonevil at Arstol but it was found to be in his own Defence Cambded 167. And in the same February there was a Parliament held at Kilkenny before the Earl of Ulster and the Lord Justice according to the Custom and Usage of those times which appeased many Civil Discords and enacted many good Laws which Mr. Pryn says Pryn 259. were printed in Bolton's Edition of the Irish Statutes 1621. And he reckons this to be the first Parliament that was held in Ireland except that of Henry II aforesaid but without question he is mistaken And it seems Pryn 259. That in the beginning of the next Year or the latter end of this there was another Parliament or Assembly of the great Men at Kildare where Poer was acquitted of the Death of Bonevil About this time Wheat was sold for twenty Shillings the Erane Cambded 167. and the Bakers were drawn on Hurdles through the Streets of Dublin for their Knavery In the Year 1310. Richard de Havering who under Pretence of the Popes Provision 1310. had assumed the Title of Arch bishop of Dublin and enjoyed all the Profits of that See without Consecration for four Years and upward was so terrified by a Dream that he resigned his Bishoprick to the Pope that gave it him Ware de praesul 111. And though Alexander Bricknor had the better in the Election the seventeenth of March 1610. yet John Lech by the Power and Favour of the King enjoyed the Bishoprick and begun the Controversie with Rowland Jorse Archbishop of Armagh about elevating his Crosier in the Province of Leinster and managed it so dextrously or rather so violently Hook 65. that he forced the Primate to fly by Night in his Pontificals from Howth to the Priory of Grace Dieu and thence chased him out of the Diocess or rather Province of Dublin and in the same year the Judges of the Court of Kings Bench were reduced to the number of Three The Year 1311 was troublesome enough 1311. for Frag. 4. in May Richard Earl of Vlster invaded Thomond Davis 134. and marched up to Bunratty where Richard de Clare met and defeated him and took him the Lord William Burk and others of his Kindred Prisoners and slew John de Lacy and many more of the Earls Followers and in November following the same Richad de Clare defeated the Irish and slew Six hundred Galloglasses Nor were the Civil Discords less amongst the Irish for Donough O Bryan was murdered by his own Men in Thomond and John Mac O Hedan was slain by O Molmoy and William Roch was murdered by a Tory However the Birnes and Tools were numerous enough to invade Taslagard and Rathcanle and to terrifie Dublin by lurking up and down the Woods of Glendelory Nor could the State suppress them because Robert Verdon began a Riot in Vrgile and was so powerful that he defeated the Lord Justice and his small Army 1312. July 7. 1312. but afterwards upon better consideration he voluntarily submitted himself to the Kings Mercy whereupon the Lord Justice went for England and left in his stead Sir Edmond Butler 1312. Lord Deputy who being now at leisure to deal with the Birnes and Tools he manag'd that Affair so well that he soon forc'd them to submit and then sent his Father-in-Law the Lord John Fitz Thomas afterwards Earl of Kildare General into Munster who at Adare Knighted Nicholas Fitz Maurice afterwards Lord of Kerry and others This Year was famous for two mighty Marriages of Maurice afterwards Earl of Desmond and Thomas Fitz John afterwards Second Earl of Kildare to the two Daughters of the Earl of Vlster But these Rejoycings were soon over 1313. and the Misfortunes of the English in Scotland drew on a Scotch Invasion of Ireland At first the Scots only sent some Boats to prey the Costs of Vlster which were well resisted but before the year was out Edward Bruce came in Person he forc'd and rob'd the Castle of Man and took the Lord O Donel Prisoner it seems he retir'd again to collect a greater Army and the Deputy after he had on Michaelmas day made one and thirty Knights in the Castle of Dublin 1314. and had taken the best care he could
to defend the Realm against the Scots was sent for to England and Sir Theobald de Verdon was made Lord Constable or Justice of Ireland Prin 259. 31 Dec. 1314. In whose time the King sent John de Hothum Clerk into Ireland to treat with the great Men there about the Kings Affairs and by him sent Writs in the Nature of Letters of Credence to Richard Earl of Vlster and all the rest of the Nobility by Name and a general Writ or Letter to the Lord Justice and the great Officers of State to the same effect Ibid. 260. and another Writ to assist him and to summon the Nobility to a general Meeting that Hothum might communicate the Kings Pleasure unto them He also sent Writs to the Lord Justice the Earl of Vlster and several other great Men to attend his Parliament in England and to appoint a sufficient Deputy or Keeper of Ireland till their Return Prin 261. And because the Words Vestrumque Concilium impensuri are omitted Mr. Prin observes rightly that these Irish Lords went as Commissioners or Agents from Ireland to inform the King and Parliament of the state of Affairs there and did not go to serve in Parliament as my Lord Cooke would have it 4 Inst 350. I do not find whether the Lord Justice went or not nor if he did what Deputy or Keeper of Ireland was appointed in his room but whoever had it did not keep the Office long for on the 27th of Febr. Sir Edmond Butler Frag. 5. 1315. Lord Justice returned and soon after viz. on the 25th of May 1315 Edward Bruce and six thousand Scots Landed near Carigfergus in Vlster with them joyned several of the Irish and together they marcht to Dundalk which they took and burnt on the 29th of June they also spoil'd Vrgile and drove most of the English out of Vlster To oppose them an Army was rais'd which rendezvouz'd at Dundalk July 22. But whether it were that the Scots were retired or that the English Commanders could not agree the Lord Justice return'd to Dublin and left the Earl of Vlster to pursue the Scots with whom that Earl had a Battel near Colrain Camb. 169. on the 10th of September and was defeated and many of the English slain and William Burk John Stanton and others were taken Prisoners This great Loss could not be recompensed with the slaughter of forty Scots which was performed by some English Mariners and therefore Bruce to follow his Blow caused his Army to besiege Carigfergus Septem 15. and sends his Brother William Bruce into Scotland for a Supply 1315. In the mean time the Irish every where insult over the unfortunate English and generally rebel throughout Vlster and Connaught they burnt Athloan October and Randan and Cathol Roe O Connor razed three Castles of the Earl of Vlster's in Connaught In November following the English under Roger Mortimer 1315. had another Battel with the Scots at Kenlis in Meath and were routed with great Slaughter by the Treachery of the Lacies Hereupon Bruce burnt Kenlis Granard Finagh and Newcastle and came to Loghsendy where he kept his Christmas and afterwards also burnt it thence he marched through the County of Kildare unto Rathingan Kildare Castle-Dermond Athy Raban and Sketheris where the Lord Justice accompanied by the Lord John Fitz-Thomas and many others encountred him on the 26th of January and was defeated by reason of some unhappy Fewds and Misunderstandings in the English Army Hereupon the Irish of Munster and Leinster rose in Rebellion and the Birns Tools and Moors burnt the Countrey from Arclow to Leix but the Lord Justice gave them a Rebuke and brought fourscore of their Heads to the Castle of Dublin Ireland being in so tottering a condition the King sent Sir John Hotham over again to take the Oaths and Hostages of the Nobility and Gentry that still remained loyal which was accordingly performed by the Lord John Fitz-Thomas afterwards Earl of Kildare Cambd. 171. Richard de Clare Maurice afterwards Earl of Desmond Thomas Fitz-John Poer Arnold le Poer Febr. 4. Maurice Rochford David and Miles de la Roch and many others 1315. And now both Armies were early abroad The Scots having burnt the Castle and Church of Ley did on the 14th of February rendezvouz at Geashil as the English did the same day at Kildare But the Scots for want of Provision were forced to return to Vlster nevertheless in their way they took Northburgh Castle and then sate down in their Quarters to that degree of quietness that Bruce kept Court and held Pleas there as if it were in times of the most profound Peace For the English Army had work enough nearer home and therefore the Lord Justice on the Scots retreat did likewise return to Dublin and there summoned a Parliament or general Assembly which reconciled some great Men then at odds cleared Walter Lacy of the Treachery imputed to him and established the Measures of carrying on the War And it was wisely done to begin with the Moroughs Tools and other Mountaineers of the County of Wicklow because they daily infested the City of Dublin and had destroyed both the Town and Country of Wicklow and because the Army was not strong enough to secure the City and at the same time to pursue the Scots 1316. the Success justified their Conduct for in April the Tories were defeated However the Scots were not so much neglected but that the Lord Thomas Mandevil was appointed to have an eye to them but he could but skirmish with them which he did valiantly Camb. 172. and kill'd Thirty Scots in one Encounter and was himself slain in another But Bruce came over with fresh Supplies from Scotland and so despised the small force of the English that in May he caused himself to be Crowned King at Dundalk 1316. and thereupon grew so insolent that he spared neither Churches nor Abbeys Women or Children found no Mercy at his hands but on the contrary he destroyed all that opposed him or that belonged to the English and he burnt great part of the Countrey as the Irish did the Church of Athird It was high time to encourage the English to their defence and the defence of the Kingdom and therefore as well to reward for Services past 1316. as to engage them for the time to come Selden 838. says Kildare's Patent is the ancientest Form of Creation he had seen the Lord Justice was made Earl of Carrick and John Fitz-Thomas was made Earl of Kildare May 14. 9 Ed. 2. and others received other Favours from the King The Burks and Geraldines were reconciled and every one in his station set himself manfully to the preservation of the Kingdom Richard de Clare and Bremingham had the better of the Irish in Connaught and slew many of them and about Whitsontide made a Sally into Munster and kill'd three hundred Irish there and the
annexed to the Crown But two of the Burks seized upon most part of the Estate and divided it between them and knowing they could not hold it by the Law of England they confederated with the Irish and changed their Language Apparel Customs and Manners Nay their very Names were altered into those of Mac William Eighter and Mac William Oughter and by these means they have made a shift to keep some part of that mighty Estate for many score years The Lord Justice to revenge the Murder of the Earl of Vlster which made a great noise in Ireland call'd a Parliament by whose advice he went by Sea to Carigfergus on the first of July and by help of the Country People he destroyed the Murderers and their Abettors and thence with his Army he sailed into Scotland where he did very good Service But the Parliament sitting in England Cottons Rec. the 15th of March it was there resolved That because the Kings Affairs required him in France his Irish Voyage should be postpon'd for a year so as Aid might be sent in the mean time but it seems that the Scots so allarm'd him in the North that he performed neither the one nor the other Voyage And though both Houses apart advised the King to send Supplies of Men and Money to Ireland and gave him one Disme and one Fifteenth to that purpose yet I do not find that any considerable Recruits were sent thither but instead of that a Commission was sent to treat with the Rebels Prin 270. Whilst the Lord Justice was beyond Seas the Government was managed by Thomas de Burgh Lord Treasurer but it was not long before Darcy return'd with honour and releas'd Walter de Birmingham out of Prison in February following and soon after Sir Simon Archdeacon and others were slain by the Irish in Leinster Ibid. And the young Lord Roch prevail'd with the King to reduce to ten pounds a Fine of two hundred Marks impos'd on his Father for absenting himself from the Parliaments of 20 Edw. 2. and 2 Edw. 3. to both which he was summoned Maurice Fitz-Girald broke his Leg by a Fall from his Horse and was thereby hindred from repairing to England as he had promised and designed 1335. but now being recovered he went thither and was well received by the King and created Earl of Desmond 1336. 9 Ed. 3. On the 9th of August the English gave the Irishmen a great Defeat in Connaught Campion 88. and with the loss of one man slew ten thousand of their enemies and not long after the Lord Justice was removed and Sir John Charleton came over Lord Justice 1337. and brought with him his Brother Thomas Bishop of Hereford Lord Chancellor John Rice or ap Rees Lord Treasurer and two hundred Welsh Soldiers he called a Parliament at Dublin to which the Archbishop of Armagh designed to come Pryn. 409. and in order to it made great Preparations at S. Mary Abby but the Archbishop of Dublin would not permit him to advance his Cross in that Diocess till the King sent his Writs as well to the Archbishop as to the Corporation of Dublin not to molest the Primate Thomas Charleton 1338. Bishop of Hereford Governour of Ireland he caused Sir Eustace Poer and Sir John Poer to be imprisoned in the Castle of Dublin on the third Day of February And this Winter there was so great Frost and Snow from the second Day of December to the tenth Day of February that they Plaid Danced and roasted Fish on the Ice upon the River of Liffy And now again 1339. were all the Irish in Arms especially in Munster but the Earl of Desmond so well managed Matters there that he slew one thousand two hundred Men in Kerry and took Nicholas Fitz-Maurice Lord of Kerry Prisoner and kept him in Durance till he died Cambden 187. because he had joyned with the Irish against the King and the Earl Nor had the Earl of Kildare worse Success in Leinster for he pursued the O Dempsies so close that many of them were drowned in the River Barrow and the greatest Booty that ever was taken in that Country was brought by the Lord Justice and the English from Idrone in the County of Caterlogh about the latter end of February and in April following the Lord Justice being sent for to England resigned to Roger Outlaw 1340. Prior of Kilmainham Lord Justice he died the February following and by the Kings Patent constituted John Lord Darcy L. Justice during Life but he came not afterwards into Ireland but in May following sent over Sir John Morris 1341. Lord Deputy to whom the Inhabitants of Ireland did not pay that respect which was due to his Character for the English Irish were how grown so proud that they disdain'd to be under the authority of a Knight And therefore to mortifie them it was resolved to make a general Resumption of all Lands Liberties Signiories and Jurisdictions which this King or his Father had granted in Ireland QVia plures excessivae Donationes Terrarum Tenement 15 E. 3. m. 14 Libertatum in Terra Hibern ad minus veracem subdolem suggestionem potentium quam per Ed. 2. quam per Regem nunâ— facta sunt c. Rex delusorias hujusmodi Machinationes volens elidere de concilio peritorum sibi assistent omnes donationes Terrarum Tenement Libertat praedict duxit 〈◊〉 c. quousque de meritis personarum ac de causis conditionibus donationum praedict fuerit informat ideo Mandâ—â— est Justiâ— regni Hibern quod omnia Terras Ienementa c. praedict perdict Reges Justic aut locum tenentes suos quibuscunque personis fact seisire facias c. It cannot be expressed what Fewds Davis 138. that it was by good advice Heart-burnings and Dissatisfactions this one unadvised Act did create it was the rise and occasion of a distinction between the English of Blood and the English of Birth which had like to be fatal to the whole Kingdom Pryn. 272. all the old English were disobliged by this procedure and without their assistance the King could not keep much less enlarge his Interest in Ireland To qualifie this Matter and to allay these Heats 1342. a Parliament was summoned to meet at Dublin in October but the Earl of Desmond and other Great Men of that Faction openly refused to come and on the contrary they confederated with the Corporations and some Cities and the rest of the Male-contents and without consulting the Government they appointed a General Assembly at Kilkenny in November following and there they did accordingly meet and the Lord Justice had not Power to hinder them nor did he dare to come to them This Assembly sent Messengers to the King with their Complaints couched in these three Queries I. How a Realm of War could be governed by a Man unskilful in all war-like Service II. How an
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
Pretence was Ridiculous because there were others of the same Lineage before him in the Pedigree and it was notorious That the Right of Succession was in Ann Daughter of Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence third Son of King Edward III. and accordingly her Grand-son afterwards possest the Kingdoms by the Name of Edward IV. And also finding that it was more vain to claim by Conquest when there was no fighting he was at last forced to rely on the Consent and Election of the People which was the Title his Embassadors insisted upon in the Courts of Foreign Princes Thus was the Foundation laid of those tedious and bloody Wars that afterwards ensued between the Houses of York and Lancaster commonly distinguished by the Appellations of the Red-Rose and the White that being the cognizance of the House of Lancaster and this the Badge of the Family of York This King was crowned on the thirteenth Day of October anno Dom. 1399. 1399. and Ireland was committed to the Care of Sir John Stanly 1399. Lord Lieutenant who came over thither Cotton's Records 390. on the tenth Day of December In his time the King obtained a Subsidy in England for three Years to provide for the Affairs of Ireland c. And about Whitsontide the Constable of Dublin-Castle and others near Strangford in Vlster encountred the Scots at Sea 1400. but with very ill Success for many Englishmen were there slain and drowned About this time the Town of Kilkenny was walled by Robert Talbot 1401. And about May the Lord Lieutenant repaired to England leaving his Brother Sir William Stanly Lord Deputy who on the twenty third Day of August surrendred unto Stephen Scroop Lord Deputy to the King's Son Thomas Duke of Lancaster who it seems came over only to provide and prepare for the Reception of Thomas Duke of Lancaster Seneschal of England and Lord Lieutenant of Ireland who landed on S. Bines-Day And on the fifth of July John Drake Mayor of Dublin with a Band of Citizens encountred and defeated four thousand Irish Outlaws near Bray in the Borders of Wicklow and slew four hundred ninety three of their best Men. This Lord Lieutenant held a Parliament in Dublin 1402. in September during which Sir Bartholomew Verdon James White Christopher White and Stephen Gernon slew John Dowdal Sheriff of Louth in Vrgile and committed sundry other Felonies and Robberies for which they were Outlawed and their Estates disposed of by Custodiam Cotton's Records 431. but afterwards the King pardoned them their Lives and restored them their Estates during their respective Lives only In October Daniel O Birne Lib. D. for him and his Sept or Nation submitted to the Lord Lieutenant and promised Allegiance and good Behaviour and to manifest his Sincerity he granted to the King the Castle of Mackenigan with the Apurtenances And on the thirteenth of December the Lord Lieutenant by Indenture set the Ferny in the County of Louth except the King's Castle to Aghy mac Mahon for Life Davis 48 at the Rent of ten Pound per Annum and Mac Mahon covenanted to be a good Subject And in February following O Reyly covenanted with the Lord Lieutenant and also swore to perform to the King during the minority of Mortimer all the Covenants he was obliged to perform to Roger Mortimer Earl of March and Vlster In May Sir Walter Betterly Steward of Vlster 1403. and thirty English were all slain And on the eleventh of November following the Duke returned to England and left Sir Stephen Scroop Lord Deputy 1404. who on the twenty sixth Day of October resigned to James Earl of Ormond 1405. Lord Justice who in April 1405 held a Parliament at Dublin and there the Statutes of Dublin and Kilkenny were confirmed as also the Charter of Ireland And this good Act was followed by good Success for in May two Scotch Barks were taken near Greencastle and another near Dalkye with their Captain Macgolagh Moreover the Merchants of Droghedae made Incursion into Scotland and brought thence both Pledges and Preys And the Dublinians also entred Scotland at S. Ninian and behaved themselves valiantly They also did the Welsh much harm and brought from thence the Shrine of S. Cubins which they placed in Christ-Church Dublin However the Irish burnt Oghgard and on the sixth of September the Lord Justice died at Gauran and was succeeded by Girald Earl of Kildare 1406. who probably was chosen Lord Justice by the Council In his time the Dublinians and their Neighbours on Corpus Christi-Day vanquished the Irish Enemies and took three Ensigns and brought to Dublin the Heads of those they had slain And the Prior of Conal had as good Success in the Plains of Kildare for with twenty Englishmen he defeated two hundred Irish and killed many of them But after Michaelmas came over Sir Stephen Scroop Lord Deputy He held a Parliament at Dublin in January which in the Lent after ended at Trim And about the latter end of February Meyler Birmingham slew Cathol O Connor About May the Lord Deputy 1407. accompanied with the Earls of Ormond and Desmond the Prior of Kilmainham and other Captains and Gentlemen of Meath set out from Dublin and invaded the Territory of Mac Morough at first the Irish had the better but at length the Constancy and Resolution of the English prevailed and O Nolan and his Son and others were taken Prisoners and after this was done they marched speedily to Calan in the County of Kikenny upon some Intelligence they had of the Rebels being thereabout and they so surprized them that the whole Party was routed and O Carol and eight hundred Men slain upon the Place But in June the Lord Deputy went to England and the Nobility and Council elected James Earl of Ormond Lord Justice In whose time a barbarous Tory called Mac Gilmore who is reported to have destroyed forty Churches and was never Christened had taken Prisoner Patrick Savage a Gentleman of great Esteem in Vlster they agreed upon his Ransome to be two thousand Marks and his Brother Richard was to become Hostage for it But this Subtle Barbarian managed the matter so that he received the Ransome according to Agreement and afterwards he murdered both the Brethren This Lord Justice held a Parliament at Dublin 1408. which confirmed the Statutes of Dublin and Kilkenny and also the Statute against Purveyors And on the second of August Thomas Duke of Lancaster came over Lord Lieutenant It seems that the Terms on which he undertook the Government were these First Lib. G. He was to hold the Place for seven Years Secondly He was to have five hundred Men at Arms and one thousand Archers for three Years Thirdly To have a Years Pay in Hand and afterwards to be paid every half Year Fourthly One thousand Marks per annum for himself and to be paid the Charge of Transportation
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
them to new Disturbances And accordingly the Earl of Desmond the Archbishop of Cashel the Bishops of Cork and Waterford and many other of the principal Men of Munster were pardoned and the Liberties and Charters of Youghal were restored and confirmed and their Priviledges enlarged In the mean time dyed Rowland Fitz-Eustace Baron of Portlester who at several times had been Deputy Chancellor and Lord High Treasurer of Ireland which last Place held thirty eight Years And about the same time died Cnoghor mac Trelagh O Brian Chief of Thomond and was succeeded by his Brother Gil duff by Popular Election according to the Custom of Tanistry But it is time to return to Perkin Warbeck whom we left in the Arms of a fair Lady in Scotland that King had already made several Essays in favour of this supposititious Prince but now his Affairs pressed him to make a Peace with the English which King Henry would not hear of unless Perkin were delivered up It was therefore necessary for the Impostor to seek new Quarters 1497. And therefore being secretly supplied by the King of Scotland with Necessaries for his Voyage he embarqued with his Wife and Family and landed safely at Cork the twenty sixth of July he could not have pitcht upon a Place more prone to Rebellion at that time but curst Cows have short Horns and their Ability was not suitable to their Inclinations however he listed one hundred and twenty Soldiers and by the Aid or at least Countenance of the Earl of Desmond he got Conveniences for their Transportation And so finding the Earl of Kildare so firm and potent that no good was to be done in Ireland and receiving an Invitation from the Cornishmen he sailed directly to Cornwal in September and landed safely at Whitsand-bay The City of Waterford which for its loyalty to the Crown against Lambert Symnel had received great Favours and Priviledges from his Majesty was now altogether as vigorous against Perkin and by its discreet behaviour in this Affair well deserved the Motto Intacta manet Waterfordia That City manned out four Ships and sent them in pursuit of Perkin but Fortune did not favour that Generous and Loyal Design This Impostor being thus arrived in England took upon him the Name of Richard IV King of England and as such behaved himself and acted his Part so well that he would often lament the Destruction of his People and would frequently bemoan the Tyranny and Oppressions they lived under which sort of Deportment took with the common People exceedingly insomuch that some thousands of them came to him at Bodmin with them he besieged Excester and assaulted the City with great vigour and Resolution which the Couragious and Loyal Citizens by the help of some of their Country Neighbours as valiantly defended Hereupon Perkin raised the Siege and marched to Taunton and although the Cornishmen continued resolute to conquer or dye yet Perkin perceiving their Courage was greater than their Strength and finding that the King's Army did daily increase whilst his did decrease he privately withdrew to the Sanctuary of Beaulieu in Hampshire and afterwards surrendred himself and being imprisoned in the Tower he made his escape once and attempted it the second time and was therefore together with his Friend John Waters Mayor of Cork hanged at Tyburne where he confirmed the Confession he had formerly made which was to this effect I Being born in Flanders Campion 104. in the Town of Turney put my self in Service with a Britton called Pregent Meno the which brought me with him into Ireland and when we were there arrived in the Town of Cork they of the Town because I was arrayed with some Cloaths of Silk of my said Masters threeped upon me That I should be the Duke of Clarence's Son that was before time at Divelin and forasmuch as I denyed it there was brought unto me the Holy Evangelists and the Cross by the Mayor of the Town called Ino Lavallin and there I took my Oath That I was not the said Duke's Son nor none of his Blood After this came to me an Englishman whose Name was Stephen Poytow with one John Walter and sware to me That they knew well that I was King Richard's Bastard-Son to whom I answered with like Oaths That I was not and then they advised me not to be afraid but that I should take it upon me boldly And if I would so do they would assist me with all their Power against the King of England and not only they but they were assured That the Earls of Desmond and Kildare should do the same for they passed not what part they took so they might be avenged on the King of England and so against my Will they made me to learn English and taught me what I should do and say And after this they called me Richard Duke of York second Son to Edward IV because King Richard's Bastard-Son was in the Hands of the King of England And upon this they entred into this false Quarrel and within short time after the French King sent Embassadors into Ireland viz. Lyot Lucas and Stephen Frayn and so I went into France and thence into Flanders and thence into Ireland thence into Scotland and so into England again But let us return to the Affairs of Ireland 1498. which were briskly managed by the Lord Lieutenant He called a Parliament at Trim which met on the twenty sixth of August in the fourteenth Year of the King's Reign which must be anno 1498. and not 1499. as it is mistaken in the printed Statutes for the King began his Reign the twenty second Day of August 1485. There is but one Act of this Parliament extant and that is To make all the Statutes in England about the Officers of the Custom-house to be of force in Ireland after Proclamation at Dublin and Drogheda A very needless Law certainly since it could have but four Years retro-spect all former English-Statutes being ratified here by Poyning's Act of 10 Hen. 7. cap. 22. In the mean time Henry O Neal who had murdered his Brother Con was this Year served in the same kind by Tirlagh and Con Sons of the former Con And not long after the Lord Lieutenant invaded Vlster in favour of the aforesaid Tirlagh O Neal who was his Nephew by the Mother he was joyned by O Donel Macguire and all Tirlaghs Friends and effectually besieged Dungannon took the Castle and set at Liberty all the Prisoners that Neal mac Art O Neal kept there and forced Neal mac Art himself to submit and give Hostages The Vlster Expedition being over the Lord Deputy in October marched to Cork where he placed a Garrison and forced the Inhabitants of that City and of Kingsale to swear Allegiance and to bind themselves thereunto both by Indentures and Hostages which it seems he thought were stronger Obligations upon them than their Oaths After his return in the beginning of March Ware 's Annals he held
did all he could to evade or at least procrastinate that Voyage which was to be fatal to him and his Family he sent his Wife to use the Interest of her Friends in England and to alledg several vain Pretences and particularly That the ill Posture of Affairs in Ireland could not permit his Absence But all these Contrivances proving ineffectual at last he seriously prepared to begin the Voyage But before he went he furnished all his Castles especially Minooth and Ley with Guns and Ammunition out of the King's Store although he had the King 's express Command to the contrary imparted to him by the Master of the Rolls Allen in the presence of the Bishop of Meath and others and the Act of Attainder also mentions That he furnished the Wild Irishmen being the King 's Mortal Enemies with Arms and Ammunition out of his Majesty's Stores which is not improbable because of his Allyance with O Connor and O Carol. It is certain That Quos Deus vult perdere dementat and the brave Earl of Kildare is a plain Example of it for being ordered by the King to leave a Deputy for whose Fidelity he would answer he substitutes his own Son Thomas Fitz-Girald 1534. a forward rash Youth scarce one and twenty Years old who nevertheless had Qualities worthy of his House and perhaps would in time have exceeded all his Ancestors if by laying this too great Burthen on his weak Shoulders so early they had not broken his Back in the beginning It seems the Earl had some Jealousies of what afterwards hapned and therefore to qualifie his Son 's youthful Passions in some measure before he delivered him the Sword he spoke to him as followeth before the Council at Drogheda where he presently after imbarqued and set sail for England Son Thomas Holingsh 88. I doubt not but you know That my Sovereign Lord the King hath sent for me into England and what shall betide me God knoweth for I know not but howsoever it falleth both you and I know That I am well stept in Years And as I may shortly dye for that I am Mortal so I must in haste decease because I am old Wherefore insomuch as my Winter is well near ended and the Spring of your Age now buddeth my Will is That you behave your self so wisely in these your Green Years as that to the Comfort of your Friends you may enjoy the Pleasures of Summer glean and reap the Fruits of your Harvest that with Honour you may grow to the catching of that hoary Winter on which you see me your Father fast pricking And whereas it pleaseth the King his Majesty That upon my Departure here hence I should substitute in my room such a one for whose Government I would answer Albeit I know that your Years are tender your Wit not setled your Judgment not fully rectified and therefore I might be with good cause reclaimed from putting a naked Sword in a young Mans Hand Yet notwithstanding forsomuch as I am your Father and you my Son I am well assured to bear that Stroke with you in steering your Ship as that upon any Information I may command you as your Father and correct you as my Son for the wrong handling of your Helm There be here that sit at this Board far more sufficient Personages for so great Charge than you are But what then If I should cast this Burthen on their Shoulders it might be That hereafter they would be so far with Envy carried as they would percase hazzard the loss of one of their own Eyes to be assured that I should be deprived of both mine But forsomuch as the case toucheth your Skin as near as mine because as I said before I rest in the Winter and you in the Spring of your Years and now I am resolved Day by Day to learn rather How to die in the Fear of God than to live in the Pomp of the World I think you will not be so brain-sick as to stab your self through the Body only to scarifie my Skin with the Point of your Blade wherefore my Son consider That it is easie to raze and hard to build and in all your Affairs be ruled by this Board that for Wisdom is able and for entire Affection it beareth to your House will be found willing to lesson you with Sound and Sage Advice for albeit in authority you rule them yet in Council they must rule you My Son you know that my late Maims stifle my talk otherwise I would have grated longer on this Matter for a good Tale may be twice told and a sound Advice eftsoons iterated taketh the deeper Impression in the attentive Hearer's Mind But although my fatherly Affection requireth my Discourse to be longer yet I trust your good Inclination asketh it to be shorter And upon that Assurance here in the presence of this Honourable Assembly I deliver you this Sword Thus he spake for his last Fare-well with trickling Tears and having ended he rose up imbraced the Council committed them to God and immediately after imbarked leaving Thomas Fitz-Girald Lord Deputy 1534. to whom both the Allens were bitter Enemies One of them being Master of the Rolls told the Lord Deputy at a Banquet where they were discoursing of Heraldry That his Lordships House gave a Marmoset whose Property it was to eat her Tail To whom the Deputy replyed That he had been fed by his Tail and should take care that his Tail did not eat him Another time the Council waited three or four Hours for the Lord Deputy's coming whereat the Archbishop being dissatisfied he asked the Lords Whether it were not a pretty Matter that all they should stay so long for a Boy Which Words the Lord Deputy over-heard being just coming up Stairs and as soon as he entred he told their Lordships He was sorry they should stay so long for a Boy whereat the Archbishop was somewhat out of countenance The Enemies of the Giraldines had spread abroad a Report that the Earl of Kildare was Beheaded in the Tower and that the same Fate was designed for the Lord Deputy and all his Unkles and Letters were purposely spread abroad to that effect one of which by a strange Accident came to the hands of James de la Hide Principal Counsellor to the Lord Deputy by whose perswasion the Lord Deputy consederated with O Neal O Connor and others and on the eleventh day of June rode through the City of Dublin to Damsgate accompanied with seven score Horsemen in their Shirts of Mayl and there crossed the River and went to S. Mary Abby where the Council according to Appointment waited his coming and whilst he was sitting in Council some of his Followers rudely rush'd into the Council-Chamber Armed as they were and fell to talking aloud until at length Silence being commanded the Lord Deputy spake as followeth Howsoever injuriously we be handled Holingshead 90. and forced to defend our selves in Arms when neither
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
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
Title of Captain General brought over six hundred Horse and four hundred Foot whose Pay came to twelve hundred and twenty six Pound per Month viz seven hundred and seventy Pound for the Horse and four hundred fifty six Pound for the Foot and about Midsummer they landed at Waterford and being joyned by the Lord Deputy they invaded the Countries of Leix and Offaly and proclaimed O More and O Connor Traytors and having dispersed the Forces of the Rebels the Lord Deputy repaired the Fort of Dingen and built the Fort of Campaum alias Prolector now called Maryburgh whereupon O More and O connor were forced to submit and Bellingham was knighted and made Marshal of Ireland The Castle of Athloan was likewise repaired and garrisoned by Special Orders from England and the Vice-Treasurer Brabazon had the Care and management thereof and performed it effectually in spight of the great Opposition he met with from Dominick O Kelly and other Great Men of Connaught And this auspicious Year did also produce the mighty Victory which the English obtained over the Scots at Mussleburgh But as the Reformation proceeded in England 1538. so the Popish Zeal and Superstition increased in Ireland Ware 180. and the Pale it self began to be disturbed with it for Richard Fitz-Eustace and Alexander his Brother Sons of the Viscount Baltinglass were busie forming a Rebellion in the County of Kildare but the Presence of the Lord Deputy without Blows brought them to a Submissiom and stifled this Infant Conspiracy in the Cradle and it was well it did for this rebellious Distemper was very infectious and in a little time would have spread over the whole Kingdom the Lord of Baltinglass himself was a little tainted with it but by the means of Sir Edward Bellingham when Lord Deputy the Viscount was pardoned In the mean time the Lord Deputy Saintleger was sent for to England and carried with him O More and O Connor as Prisoners but upon their Submission they were received into Favour and honoured with a Pension of one hundred Pound per annum out of the Exchequer during their Lives which O More enjoyed not very long for he died within the Year suddainly at London Sir Edward Bellingham who had been sent into England with an Account of the Submission of the County of Kildare was now sent back Lord Deputy he landed at Dalkye on Whitson-Eve and two Days after he received the Sword at Christ-Church according to Custom He was a Zealous Protestant and a brave Soldier and by his means Sir John Allen was again made Lord Chancellor As soon as he was setled Davis 62. he marched into Leix and Offaly against Cahir O Connor and others that were brewing new Treasons there and forced them to submit and brought the Country to that degree of Subjection that he is said to be the first Man since Edward the third's time that enlarged the English Borders beyond the Pale and from Offaly the Lord Deputy marched to Delvin against Mac Coughlan whose Country he totally destroyed The Lord Deputy had express Orders to set up a Mint at Dublin which he did but it continued but a very little time for want of Bullion And this Year on the twenty second Day of April the City of Dublin which at first was governed by a Provost and by King Henry the Third subjected to a Mayor and Bayliffs and by Henry the Fourth was honoured with a Sword obtained their Bayliffs to be changed into Sheriffs and John Rians and Robert Eyons were the first two Sheriffs that were chosen or appointed for that City In the mean time Sir Francis Bryan who had married the Countess Dowager of Ormond and was made Marshal of Ireland and Governour of the Counties of Typerary and Kilkenny could by no means agree with the Lord Deputy their Differences grew at length to that height that Sir Francis impeached the Lord Deputy in England and prevailed to have him sent for to answer the Accusation But whilst that affair was transacting Ware 182. Teige O Carol plyed his own Business diligently and after a stout Defence he took and demolished the strong Castle of Nenagh and drove the English out of that Country In Vlster Manus O Donel quarrelled with his Son Calvagh and at length it came to Blows so that on the seventh Day of February Calvagh was routed and Manus Mac Donough O Cahan and many of his Followers were slain In the Lower Delvin Teige Mac Mlaghlin and Edmond Fahy with their united Forces did all the Mischief they could and almost totally destroyed that part of Mac Coughlans Country Nevertheless the Lord Deputy sent an Irish Brigade under the command of Donough O Conner accompanied with the Sons of Cahir O Connor to aid the King in his War against Scotland On the eighteenth of November Cormock Roe O Connor who was proclaimed Traytor came to Dublin and with Tears in his Eyes begged Pardon of the Lord Deputy and Council in Christ-Church and had it But being of a turbulent Spirit he soon after relapsed into Rebellion and being taken by the Earl of Clanrickard he was sent to Dublin and hanged so true is that Observation of Caesar Williamsons Nec gentem ullam reperies Cui peccare slere magis naturale est It is worthy Observation Holingsh 109. That though the Earl of Desmond for his Quality and vast Estate was made Lord High Treasurer yet he was not of the Privy Council nor indeed qualified to be so for he was Rude and Savage both in Apparel and Behaviour he had neither Learning nor Manners but lived after a barbarous fashion in the Country among the Wild-Irish and perhaps had not so much as a Glass-Window to his Houses and yet he was the best landed Subject in the King's Dominions About Christmas the Deputy sent for him to Dublin but he refusing the Lord Deputy himself with about twenty Horse made that haste to Munster that he took the Earl sitting by the Fire in his own House not at all suspecting that Expedition And it was well for him that he was so surprized for he was not only brought to Dublin and instructed in his Duty to his Prince and in good Manners and Civility towards his Fellow-Subjects but was also by the Lord Deputy's means pardoned and restored to the King's Favour so that he continued a good Subject ever afterwards during his Life and was so grateful to his Benefactor the Lord Deputy that he would pray for him constantly after every Meal And now it happened that the Earl of Tyrone Macguire Fylemy Roe O Neal 1549. and others referr'd all their Differences to the Lord Deputy and Council who on the twentieth day of June made their Decree wisely ordering Independency on O Neal. Therere are Copies of all these Decrees at Lambeth Lib. D. And they are to the same effect as that of Macguire's viz. Quod erit liber Ware 184. exemptus ab omni subjectione
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.
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
necessitated William Burk with his Bownaghts to follow his Brother Tyrrel into O Carol's Country and O Sullevan himself and O Connor Kerry were glad to accompany them thither but these Fugitives did not pass so luckily and scotfree as Tyrrel did for Teige Mac Owen Carty on the skirts of Muskny and John Barry near Liscarrol gave them severe rebukes and the Sheriff of Typerary fell smartly upon their rear whil'st the rest were passing the Shennin in their Nevoges and even in the County of Galway Sir Thomas Burk and Captain Malby gave them disturbance but their despair made them victorious in that encounter and they bravely forced their way with the slaughter of Malby and many of his Soldiers and got safely into O Bowrk's Country On the fifth of January Captain Taffe had the good fortune to kill the valiant Apostolick Vicar Owen mac Egan and 140 of his followers near the River of Bandon which was followed by the submission of all the Rebels in Carbry and it is observed of this zealous Vicar that he never pardon'd any Irish-man tho' a Papist that serv'd the Queen but would as soon as they came before him have them confessed absolv'd and executed These good Successes were followed by the defeat and ruine of the Lord of Lixnaw whose party was totally routed by Captain Boys and all his substance taken and 80 of his Men killed as also by the taking of the strong Castles of Kilcoe and Berengary and so all Munster being reduc'd to obedience the Lord President prepared for his Voyage to England and left Sir Charles Wilmot and Sir George Thornton joynt Governors of that Province And thus ended this mighty Rebellion which from a small beginning grew to be the most general and dangerous defection that ever was in Ireland to that time which could never have happened but for the gripple-handedness as Cambden phrases it and slighting of England nor was this the first time that the Queen had been a Penny wise and a Pound otherwise in managing the Affairs of Ireland and had paid dear for her frugality as she did in this War which might have been prevented at first with the twentieth part of what it cost afterward for the Charge of this one Year from the first of April 1601 to the first of April 1602 amounted to no less than 322502 l. 1 s. 0d The Rebels in the course of this War were exceedingly troubled that some of the Papists continued Loyal to the Queen and they bitterly exclaim'd against the Popish Priests of English extraction that justified the Opinion they might lawfully do so and to convince them of their error the Rebels did not only procure a Bull from Pope Clement the Eighth dated the 8th of April 1600. giving such plenary remission of sins to those that fight against the Hereticks in Ireland as to those that fight against the Turks and his Holines's Letter of the 20th of January 1601. directed to Tyrone to animate him and his followers to persevere in their Rebellion but also procured the Censures of the Universities of Salamanca and Valladolid that it was mortal sin for a Papist to fight against Prince O Neal the Champion of the Church who militates for the Catholick Faith and that they cannot be forgiven till they desert the Hereticks Service and Mr. Sullevan thinks he has nickt it when he calls the contrary Opinion Insanam vene nosam doctrinam It seems that the Earl of Twomond remembring the severe Government of Fitton President of Connaugh whil'st he was in England made his humble Suit to the Queen that the County of Clare might be re-annexed to Munster whereof it was formerly a part whereupon the Queen the 29th of July 1602. wrote to the Lord Deputy and Council on that Subject and on the 4th of October she wrote positively to renew the Earl's Commission to use Martial Law in that County and to put him into all Commissions of Oyer and Terminor Goal-delivery c. next to the President and Chief Justice and to continue his Band of 200 Men and his Entertainment of 10 s. a Day and to reunite Twomond to Munster unless they found great reason to the contrary they debated the matter and 't was alledg'd for the reunion 1. The Name Thomond i. e. North Munster which proves it was originally part of Munster and so has continued 1300 Years 2. It was inhabited by Munster-men the O Bryans being setled on both sides the River Shenin their Language and Pronunciation is the same and since there is an Alliance between them they ought not to be seperated 3. Twomond was formerly part of the County of Lymerick and the Inhabitants have been often tryed for Life and Estate by Judges and Commissioners at Lymerick but of late the County being too large part of it was made a separate County by name of the County of Clare but nevertheless was subject to the Governours of Munster 4. It was first united to Connaugh at the importunity of Fitâ—on because Roscomon Sligo and Mayo were not amesnable to Law this brought great inconveniency to Thomond till it was reunited and Sir Nicholas Malby procured it again to be seperated and so it continued till the Earl got the Martial Government of it and his Company is of the List of Munster 6. It is necessary the President of Munster who governs Lymerick should have command on both sides the River Shenin to prevent the design of foreign Enemies 7. Part of Twomond is within the Liberties of Lymerick and must not de dispunishable till remedy can be had from Conaugh 8. Lymerick is the Sanctuary and Bulwark of Twomond and the fittest place to keep it in order and therefore the Citizens have purchased good Estates in Twomond and it would be very inconvenient to have them and their Estates under several Governments 9. Twomond is in the Province of Cashel the Arch-bishoprick of Munster and these Reasons prevailing the County of Clare was again made part of Munster But my Friends at Ballyvorny would never forgive me if I should omit the Indulgence granted by Pope Clement the Eighth to such as in devotion go unto Gobonet's-Church in Muskry in the County of Cork which follows in these words UNiversis Christi fidelibus praesentes literas inspecturis salutem Apostolicam benedictionem Lib. N. N. N. 77. ad augendum fidelium Religionem animarum salutem coelestibus ecclesiae thesauris pia charitate intenti Omnibus utriusque sextus Christi fidelibus vere penitentibus confessis ac sacra communione reflectis qui ecclesiam parochialem Sanctae Gobonetae loci Ballyvorni Clunensi dioc ' die Festo ejusdem Sanctae Goboneuae à primis vesperis usque ad Occasum solis praedicti festi singulis annis devote visitaverint ibi pro Christianorum principum concordia Heresum extirpatione ac Sanctae Matris ecclesiae exaltatione pias ad deum preces effuderint decem annos totidem quadragenas de
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
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enactedâ— And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna mentâ— secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
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
not to be named did very much scandalize the Patrons of his Preferment Nevertheless his unparallel'd Repentance and the most Pious manner of his Death hath obtain'd for himself the Pity of all good Men and undoubtedly the Mercy of God And it is observable 1637. that the Earl of Cork and this Bishop Atherton did on the 27th of June 1637. joyn in a Petit on to the Lord Deputy and Council to appoint Arbitrators to decide their Controversies and accordingly the Bishop of Derry and the Master of the Court of Wards were Assigned to that purpose and in their Adward which I have seen they recite that the Bishopricks of Waterford and Lismore by the Alienations of former Bishops were left worth but Fifty pound per Annum Revenue in Land and that the Earl had not purchased any thing immediately from the Church but from other Persons for valuable Considerations near Forty years before yet out of Love to Religion and the Professors thereof he was contented to part with some of his Right and so they Adwarded Lismore c. to the Earl and Ardmore c. to the Bishop and this Adward was afterwards confirm'd by the Lord Lieutenant and Council and after that by the King Anno 1638. 1638. Doctor Bedell Bishop of Killmore held a Synod in his Diocess which was a thing very strange and unusual in Ireland Nevertheless it made excellent Cannons or Constitutions which are to be sound in Bishop Bedell's Life pag. 237. But Matters growing high in Scotland and England the Lord Deputy went over to the King and left ROBERT Lord DILLON of KILLKENNY WEST Sir CHRISTOPHER WANDESFORD Mr. of the Rolls Lords Justices who were Sworn on the 12th of September 1639. and soon after call'd a Parliament which met on the 16th day of March but did little or nothing until THOMAS Earl of STRAFFORD returned Lord Lieutenant on the 18th of March 1639. and on the 20th the Irish Parliament met again and Granted four entire Subsidies to the King and were on the 17th day of June prorogued to the First day of October following having first made the Twelve Acts to be found at large in the Printed Statutes 15 Car. 1. The first of these four Subsidies was Assessed at 46170 l. but the Second and Third of these Subsidies being in the absence of some Protestant Members with the Army at Caricfergus upon the Motion of Nicholas Plunket Assess'd in another manner did not together amount unto more then 23768 l. 15 s. 0 d. and the Fourth Subsidy was never Taxed at all by reason of the Rebellion that ensued And it is to be Noted that the Protestants paid more than one Third of the Commons part of the Subsidies besides 26480 l. 6 s. 0 d. Granted in Fourteen Subsidies by the Protestant Clergy only and above Three fourths of the Nobilities part of these Subsidies or more for the Nine Subsidies on the Nobility came too 52850 l. 18 s. 4 d. whereof the Confederate Lords paid but 10620 l. 18 s. 4 d. and it is very remarkable that foreknowing the Rebellion as undoubtedly they did they paid not one Penny of the Second or Third Subsidies and the Commons paid so little that of the Three Subsidies on them there was in Arrear when the Rebellion broke out 23855 l. 9 s. 7 d. And yet these Gentlemen or their Advocates have bragged in some of their Libels That they gave the King near a Million of Money But to proceed The Lord Lieutenant upon the Credit of these Subsidies and the annual Revenue which now was improv'd to above 80000 l. per Annum was enabled to raise Eight thousand Foot and One thousand Horse additional to the Veteran◠〈◊〉 they cost the Kingdom in raising clothing and paying them 204057 l. and were design'd to sudue the Rebells in Scotland and awe the Mutineers in England but being mostly Papists who were thereby Train'd to the use of Arms this Army was so offensive to all moderate and thinking Protestants that it brought great dis-repute and prejudice on the Kings Affairs and in the end cost the Lord his lieutenant his Head The Lord Lieutenant was exposed to the Hatred of the Presbyterians Husbands Collections 2 part 245. for imposing a new Oath on the People hereafter mentioned which was so much abhorr'd by many that they quitted the Kingdom rather then take it and he was open also to the Jealousies of the Protestants by bringing over with him Sir Toby Mathews a Jesuited Priest and by the Correspondence that was known to be between Paul Harris another plotting Priest and Sir George Ratcliff the Lord Lieutenant's intimate Friend and by suffering Publick Mass-houses at the Naas so near his own House and by permitting Fryars to dwell in a House of his own which he had built to other Uses But notwithstanding all this it is certain he was no Friend to Popery but only temporiz'd until he should meet with a more proper Season to go through with that Work as himself expresses it About this time Archibald Adair who had been Bishop of Killalla since the Year 1630 was deprived of his Bishoprick upon this Occasion One Corbet a Clergy-man that fled from Scotland for writing a Satyrical Book against the Covenanters called Lysimachus Nicanor was sent to this Bishop for Preferment but he being a moderate Man and perhaps too indulgent to his own Nation did not approve of Corbet that had handled the Scots so severely and therefore he gave no countenance to him but on the contrary told him That it was a bad Bird that foul'd his own Nest which was the sharper because Corby in Scotch signifies a Raven And when Corbet told him That he had hardly escaped with Life but had left his Wife to try the Humanity of the Scots the Bishop replied That he had left her to a very base Office And other things he said which the Government thought too favourable to the Govenanters and tho' they would not be much considered at another time yet now was thought a sufficient Cause of Deprivation and Doctor John Maxwell was made Bishop in his room but the next Year after the Execution of Atherton Bishop of Waterford Adair was made Bishop of that See Nor should it be omitted That this Bishop Maxwell a most excellent Preacher and a hearty Royalist was nevertheless wounded stript naked and left amongst the Dead by the Irish Rebels whose Skeins never distinguished between a Prelate and a Fanatick But the Bishop was accidentally preserved by the Earl of Twomond who travelled that way towards Dublin and afterwards went to the King to Oxford and was the first Man that convinced the King of the innate Hatred the Irish Rebels bore to all those of the Protestant Religion But let us return to the Lord Lieutenant who went again to England to give the King an Account of the good Posture of Affairs in Ireland leaving in his stead Sir CHRISTOPHER WANDESFORD Master of the Rolls
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
the last Six years over and above 3 d. per Pound Impost and that he had the Consent of the principal of the Council and the Approbation of his Majesty who consented to an Act of Parliament for the Confirmation of it that the Council Sign'd the Proclamations and if any were Pillory'd Whipt c. it was for Perjury or like Crimes and the Fines were only in terrorem little of them being Levied and concludes that he is no Gainer by that Monopoly The Thirteenth Article was That he also Monopoliz'd all the Flax of the Kingdom by his Proclamations of 31st May 12 Car. 1. and 31st January in the same year prescribing and enjoyning Rules and Methods of making Yarn and Thread which the unskilful Natives could not Practise and ordering all Linen Yarn and Thread made in any other manner to be seized which was accordingly executed with Severity whereby multitudes were undone and many Starved To which he Answers That what he did was to incourage the Linen Manufacture in Ireland and to â—â—â—ing the Irish to a more Artificial way of making Linen Yarn Thread and Cloth that the Council concurr'd in the Proclamations which are Temporary Laws in Ireland and that he was a Loser of 3000 l. by this Project for the Good of that Country that the evil Consequences if any were Collateral and Accidental and that the misdemeanors of inferior Officers could not be Charged on him That he never used more than 400 l. worth of Yarn in a Year which could not undoe much less Starve such multitudes as they pretend The Fourteenth was That he impos'd a new Oath to make true Invoyce c. on Masters of Ships c. but the Managers declin'd this Article The Fifteenth was That he Arbitrarily impos'd Illegal Taxes on the Towns of Bandonbridge Baltimore Tallow c. and Cessed Souldiers on them till they paid them and by force of Arms expell'd Richard Butler from Castlecumber and imprison'd several of the O Brenans and their Wives and Children until they surrendred and releas'd their Rights and Estates To this the Earl Answers That when the Country granted the King 120000 l. in Nature of a Subsidy it was agreed between the Lord Deputy Falkland and Them that it should not be entered upon Record but be Levied by Captains by Paper Assignments by Warrant from the Lord Deputy and so it was done and the Money levied on Bandon c. was Arrears of that Contribution and it was levied without Force and that Castlecumber was Legally evicted and what Soldiers were sent there being but twelve were sent to Guard Mr. Wandesford's House against Tories but used no Force to Mr. Butler or any quiet Subject and that it was usual in Ireland to lay Soldiers on Delinquents The Sixteenth Article That he procured his Majesties Order 17th February 1631. that no Complaint should be received in England about Irish Affairs until it were first made in Ireland to the Lord Deputy and that by Proclamation of the 17th of September 11 Car. 1. All Persons that had Estate or Office in Ireland except such as had imployment in his Majesties Service in England or attended there by his special Command should reside in Ireland and not depart without Licence whereby People are hindred from complaining against the said Earl And One Parry hath been punish'd for so doing To this he Answers That it was by him and the Council conceived fit to prevent unnecessary Clamours here but that he never denied Licence except to the Lords of Cork Mountnorris and Roch because there were Suits against them in the Castlechamber and to Sir Frederick Hamilton by the Kings Command which was taken off when he knew the Design of his Voyage was to complain against him and to Lord Esmond for a short time because he was Major General of the Army and he saith that Parry was punish'd for other Misdemeanors by the Consent of the whole Council The Nineteenth was Rushw 494. That by Proclamation of May 20. 1639. he imposed a New Oath viz. I N. do faithfully swear profess and promise That I will honor and obey my Sovereign Lord King CHARLES and will bear Faith and true Allegiance to Him and will defend and maintain His Regal Power and Authority and that I will not bear Arms nor do any Rebellious or Hostile Act against him or protest against any his Royal Commands but submit my self in all due Obedience hereunto And that I will not enter into any Covenant Oath or Bond of mutual Defence or Assistance against all sorts of Persons whatsoever or into any Oath Covenant or mutual Defence or Assistance against any Person whatsoever by force without His Majesty's Sovereign and Regal Authority And I do renounce all Covenants contrary to what I have sworn and promised So help me God in Christ Jesus And that he grievously fined those that refused to take it and particularly Henry Stewart and his Wife were fined 5000 l. apiece and their two Daughters and James Gray Three thousand Pounds apiece and imprison'd them for not paying it and explain'd the Oath to oblige in point of Allegiance to the Ceremonies and Government of the Church establish'd and to be establish'd by His Majesty's Authority and that he would prosecute to the Blood such as should disobey c. whereby many were undone and more fled the Kingdom and that he said If he return'd again he would root out Stock and Branch of the Dissenting Scots To this he answers That it was in a dangerous Time and for the Security of the Kingdom and upon their own Petition and that he had His Majesty's Orders for it dated 16 January 1638. That as to the Fine of Stewart c. it was setled before it came to his Vote so that he did but concur with the rest and that he did not speak against the Scotish Nation but against the Scotch Faction of the Covenanters The Twenty second Article was That he procured the Irish Parliament to declare their Assistance in a War against the Scots and gave Directions for Raising Eight thousand Foot and One thousand Horse which were most Papists and confederated with Sir George Ratcliff to employ that Army to Invade England and subvert the Fundamental Laws and Establish'd Government thereof To this he answers That he rais'd that Army by His Majesty's Order and denies any other Design than to assist and serve the King as they ought There was also some mention made about one Trueman who was executed for a Plot to betray Carigfergus to the Scots touching whom Sir John Clotworthy made this Deposition That Trueman was an Englishman that dwelt not far from Carigfergus and one that was sent about the Country but by whom he knows not but there were vehement Suspicions that he was employ'd to find out those that would engage in Discourse concerning the Scotch Business He spake with one Captain Giles who feigned himself a great Friend of the Scotish Nation and said That he
them called Traytors or Rebels but advised rather to use the soft Expression of DISCONTENTED GENTLEMEN But the Protestants scorning to be put upon so one of them express'd himself so briskly and so judiciously that the Irish finding they could not get a better agreed with much ado to the Protestation against the Rebels recited here Append. 12. And so having sate two days the Parliament was Prorogued to the Eleventh of January having first appointed a Committee of Both Houses to Treat with the Rebels and a Commission issued accordingly but the Traytors were so pufft up with their innumerable Victories over the naked and unresisting English that they tore the Order of Parliament and the Letter that was sent them and refused to Treat But the Lord Dillon of Costilo who since the Rebellion broke out was by His Majesty's former Orders sworn Privy Counsellor was deputed by the Popish Lords to attend the King and the Lord Taaf and Mr. Burk went with him but before he Embarked he presented the Lords Justices and Council a scandalous Letter See it Append. 3. in nature of a Remonstrance from the Rebels of the County of Longford which nevertheless was framed in the Pale wherein amongst other things they demand Freedom of Religion and a Repeal of all Laws contrary thereunto And this produced the Vote of the Eighth of December in the Parliament of England That they would never give Toleration of the Popish Religion in Ireland or any other of His Majesty's Dominions These Irish Agents hapned to be intercepted by the Parliament and imprison'd and their Papers being rifled it was found to be one of the Private Instructions to the Lord Dillon to move That no Forces might be sent over to Ireland but that it might be left to the Remonstrants to suppress the Rebellion 2 Temple 9. But afterwards they made a shift to escape out of Prison and diligently followed the King's Camp and effectually sollicited the unhappy Cessation Husbands's Collections 2 part 247. which afterwards ensued and whereof this Longford Remonstrance was the Parent and Foundation But what regard these Lords had to His Majesty's Service will appear by their vain Expressions in a Letter to the Lord Muskery Anno 1642. viz. That tho' it did not stand with the Convenience of His Majesty's Affairs to give him Publick Countenance yet that the King was well pleas'd with what he did and would in time give him Thanks for it Which being dscovered to the Parliament by Mr. Jepson a Member of that House begat strange Jealousies of His Majesty's Proceedings then tho' now it is manifest those Expressions related to the Cessation that was in Enbryo and not to the Rebellion which the King always abhorr'd In the mean time the King sent some Arms from Scotland to Sir Robert Steward and others in Vlster on the Eighteenth of November and Commissions to raise Forces Particularly the Lord Mongomery had Commission to raise 1000 Foot and 500 Horse and he did raise the Foot and three Troops of the Horse And on the Nineteenth the Lords Justices had an Account that His Majesty had left the Management of the Irish War to the English Parliament and the Order of Parliament was sent to them together with 20000 l. in Money and a Commission to the Earl of Ormond to be Lieutenant-General of the Army and also the following Order of Both Houses of Parliament viz. THE Lords and Commons in this present Parliament being advertised of the dangerous Conspiracy and Rebellion in Ireland by the treacherous and wied Instigation of Romish Priests and Jesuits for the bloody Massacre an Destruction of all Protestants living there and other His Majesty's Loyal Subjects of English Blood tho' of the Romish Religion being ancient Inhabitants within several Counties and Parts of that Realm who have always a former Rebellions given Testimony of their Fidelity to this Crown and for the utter depriving of His Royal Majesty and the Crown of England 〈◊〉 the Government of that Kingdom under pretence of setting up the Poâ—â— Religion have therefore taken into their serious Consideration how the mischievous Attempts might be most speedily and effectually prevented wherein the Honor Safety and Interest of this Kingdom are most nearly and fully concerned Wherefore they do hereby declare That they do intendâ— serve His Majesty with their Lives and Fortunes for the Suppressinâ— of this wicked Rebellion in such a way as shall be thought most effectualâ— by the Wisdom and Authority of Parliament and thereupon have ordereâ— and provided for a present Supply of Money and raising the Number of Six thousand Foot and Two thousand Horse to be sent from England being â—â—e full Proportion desired by the Lords Justices and His Majesty's Councâ— resident in that Kingdom with a Resolution to add such further Succours as the Necessity of those Affairs shall require They have also resolved of providing Arms and Munition not only for those Men but likewise for His Majesty's faithful Subjects in that Kingdom with store of Victuals and other Necessaries as there shall be occasion and that these Provisions may more conveniently be transported thither they have appointed Three several Ports of this Kingdom that is to say Bristol Westchester and one other in Cumberland where the Magazins and Storehouses shall be kept for the Supply of the several Parts of Ireland They have likewise resolved to be humble Mediators to His Most Excellent Majesty for the Incouragement of those English or Irish who shall upon their own Charges raise any Number of Horse or Foot for His Service against the Rebels that they shall be honourably rewarded with Lands of Inheritance in Ireland according to their Merits And for the better inducing the Rebels to repent of their wicked Attempts they do hereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the Power of the Commission granted them in that behalf to bestow His Majesty's gracious Pardon to all such as within a convenient Time to be declared by the Lord Lieutenant Lord Deputy or Lords Justices and Council of that Kingdom shall return to their due Obedience the greatest part whereof they conceive have been seduced upon false Grounds by the cunning and subtile Practices of some of the most malignant Rebels Enemies to this State and to the Reformed Religion and likewise to bestow such Rewards as shall be thought fit and published by the Lord Lieutenant Lord Deputy or Lords Justices and Council upon all those who shall arrest the Persons or bring in the Heads of such Traytors as shall be personally named in any Proclamation published by the State there And they 〈◊〉 hereby exhort and require all His Majesty's loving Subjects both in this and in that Kingdom to remember their Duty and Conscience to God and his Religion On the Twentieth day of November the Lords Justices wrote again to the Earl of Leicester Lord Lieutenant for Supplies of
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
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
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
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
agreed against the Common Enemy and in their Abhorrence and Mistrust of the Irish so that the Privy Council represented to his Excellency That they had deserved as well of the King as Subjects possibly could either by Doing or Suffering and therefore they hoped he would not expose them to the Mercy of their cruel and hereditary Enemies ☞ who by their late Perfidiousness had made themselves incapable of Trust and therefore they desired him again to Treat with the Parliaments Commissioners who would at least perform the Conditions they promise which could not be relied on from the Irish And it is said That his Excellency did rather incline to this Advice because he knew that the Design of many in this Irish Rebellion was intirely to alienate the Kingdom of Ireland from the Crown of England P. W. Remonstrance 583. and to extirpate not only the Protestants but also all the English tho' Catholicks That the Nuncio-Party design'd to separate it from England and to put Ireland under the Protection of some Foreign Prince unless they could advance one of the Old Irish Families to the Throne And accordingly Mr. Anthony Martin in the last General Assembly did propose to call in some Foreign Prince for Protection And so the Lord Lieutenant and Council being reduced to so great straits that they had but Seventeen Barrels of Powder leâ—t and no Magazins either of Stores or Victuals nor any Money either to buy more or to pay the Army did agree to resign the Kingdom to the Parliament for these Reasons 1. It was observed ☜ That no Exercise of the Protestant Religion was so much as tolerated where the Confederates had the Command and that if all the Churches in His Majesty's Quarters should be given or suffered to be taken to the Use of the Romish Religion it would too much countenance the Reproaches of His Majesty's Inclinations to Popery and might be dangerously applied by those who had His Majesty's Life in their Power 2. That it could not be for His Majesty's Honor to have those Subjects and Servants who had stuck to His Cause after all besides was lost in His Three Kingdoms to be at last subjected to the Tyranny of those who then ruled among the Irish whose Persidy was so manifest and their Malice so great as to give Rest to the Parliament Forces and to unite all their Power against those only who had carried Peace to their very Doors Lastly It was known how many Agents the Irish had employed abroad and what Publick Ministers had Reception with them as from the Pope the Kings of France and Spain That if the Garisons now held were put into the Hands of the Two Houses of Parliament they would revert by Treaty or otherwise whenever His Majesty should in England recover His Rights but if either given or left to these Confederates there was little hopes of Restitution while any Foreign Prince should think his Affairs secured or advanced by consuming the Blood and Treasure of England in this Dispute And so on the Fifth of February they made an Act of Council which recites their sad Condition and impowers the Lord Lieutenant to renew the Treaty with the Parliament for the Surrender of Dublin and quitting the Government And accordingly his Excellency did the next day write to Wharton and Salway two of the Parliament Commissioners That he was now satisfied in the Point he scrupled at viz. the King's Orders and therefore was willing to surrender the Government on the Terms formerly propos'd and desir'd that Succors might be sent immediately Hereupon the Parliament did order 3 March That if Ormond would give one of his Sons Hostage for Performance together with the Earl of Roscomon Colonel Chichester and Sir James Ware that then Coot's Regiment of Horse and Monroe's and Fenwick's Regiments of Foot at that time in Ulster should march to his Assistance and that the Lords of Insiquin and Ardes should give the Enemy Diversion And accordingly the Lord Richard Butler afterwards Earl of Arran was sent Hostage to Chester and the aforesaid Three Regiments were received in Ormond's Garisons and the Lord Insiquin sent his Excellency Twenty Barrels of Powder and half a Tun of Match and on the Seventeenth of March the Earl of Roscomon Colonel Arthur Chichester and Sir James Ware were sent to the Committee at Derby-house to be Hostages for Performance of the Agreement with the Parliament and to solicit That Papists always adhering to the King and Papists that got out of the Rebels Quarters as soon as they could and Papists remaining in the Rebels Quarters that have shewed constant good Affections c. may be indemnified That Ormond may have leave to wait on the King and that the other Lords and Gentlemen may have Posses to go through England That Ormond may have leave to transport as many Papists to foreign Service as will go with him for which Liberty he will remit Ten thousand Pound That no Oaths other than those of Fidelity may be imposed on any Protestant and that the Common Prayer and their respective Imployments may be continued to them But they were told by the English Committee That they were Hostages and not Commissioners And on the same 17th day of March the Parliament of Ireland which had before made an Address to the Parliament of England for Protection quod vide Burlace 178 did remonstrate their Gratitude to the Marquiss of Ormond in the following Address signed by the Speakers of both Houses The Remonstrance of the Lords Spiritual and Temporal and Commons in Parliament assembled declaring the Acknowledgment of their hearty Thankfulness to the most Honourable James Marquiss of Ormond Lord Lieutenant General of Ireland His Excellency VVE the Lords and Commons assembled in Parliament in Our whole Body do present Our selves before your Lordship acknowledging with great Sense and feeling your Lordships singular Goodness to Us the PROTESTANT PARTY and those who have faithfully and constantly adhered unto them who have been preserved to this day under God by your Excellencies Providence and Pious Care which has not been without a vast Expence out of your own Estate as also to the hazarding of your Person in great and dangerous Difficulties And when your Lordship found your Self with the Strength remaining with you to be too weak to resist an insolent and upon all Advantages perfidious and bloody Enemy rather than we should Perish You have in your Care transferred Us into their hands that are both able and willing to preserve Us and that not by a bare casting Us off but by complying so far with Us that you have not denied our Desires of Hostages and amongst them of one of your most dear Sons All which being such a free Earnest of your Excellencies Love to our Religion Nation and both Houses do incite Us here to come unto you with Hearts filled with your Love and Tongues declaring how much We are obliged to your Excellency
and Justice Cook Assistants and it sat in the same place where the Supream Council us'd to sit Anno 1642. Afterwards the like Court was held at Dublin before the Lord Chief Justice Lowther and others and there Sir Phelim O Neal was tryed condemned and executed and it is observable that being urged both at his Tryal and Execution to discover the Commission he had from the King for the Rebellion of 1641 and that he should be pardoned both for Life and Estate he confess'd in both places That he had no such Commission but that he took the Seal from a Patent he found at Charlemont and fixed it to a Commission he had caused to be written in the King's Name and that Michael Harrison then present in Court and confessing the same was the person that sticht the Cord or Label of the Seal with Silk of the same colour These Commissions issued in the Name of the Commissioners of the Commonwealth of England for the Affairs in Ireland and that for Conaught bore date the 17th day of December 1652 and was signed by Fleetwood Ludlow and Jones and was directed to Sir Charles Coot Peter Stubbers Humphry Hurd Francis Gore John Desborough Thomas Davis Robert Ormsby Robert Clerk Charles Holeroft John Eyre Alexder Staples and others but I mention these because they sat upon the Tryal of the Lord of Mayo which began the 30th of December and ended the 12th of January at which time he was condemned by the Vote of seven of the Commissioners Gore Davis Clerk and Holcroft dissenting and accordingly he was shot to Death on the 15th But his Case being variously reported it will be convenient to give a faithful account of it as it appeared upon the Tryal which was thus Upon the Surrender of Castlebar which was besieged by the old Lord of Mayo and the Prisoner then Sir Tibâ—â—t Burk it was agreed by Articles that the English should march away with their Arms and be safely convoyed to Galway and though they were deprived of their Arms contrary to the Articles yet the Lord of Mayo and his Son the Prisoner with their Followers conveyed them safely to Ballynecarrow and the next day to Ballinroab and the third day to The Neal where they left Sir Henry Bingham on pretence of his being sick but as was suspected to preserve him from the subsequent Massacre the fourth day they came to Kinlagh and the next day to Shrule which it seems was two Mile out of the Road to Galway there they lodged that night and the next morning on the 13th of February 1641 an Ambush was laid on the other side of the Bridge which as soon as the English got over the Bridge fell upon them and by the help of the Convoy murdered about fourscore of the English the Protestant Bishop of Kiâ—lalla and a few others only escaping This matter of fact was thus proved Four Witnesses swore that the Prisoner was present at this Massacre and did not oppose it and that the Convoy were the Murtherers and that the Lord Mayo's Fosterers Servants and Followers were of that number and it was proved that the Lord Mayo the Father engaged by Capitulation to Convey the English safe to Galway and that they were disarmed by his Command and some of them were Plundered and Stript by the way by the Convoy and could get no redress from the Prisoner or his Father that the Convoy pricked forward the English over the Bridge towards the Murderers and the old Lord Mayo went to a little Hill hard by to look on that the Prisoner was seen to come over the Bridge from the Murtherers after several English-men had been killed and had been actually amongst them with his Sword drawn that the Father refused to Convoy them any farther than Shrule and that the Prisoner was the first Man that entered Castlebar after the Capitulation And the substance of the Prisoner's Defence was That he had no Command of the Party but with two Servants only came to attend his Father that on the Outcry he went over the Bridge and drew his Sword with design to preserve the English but being shot at by one of the Murderers he got a Horse having lent his own to the Bishop of Killalla to make his escape and rode away before the Murther was commited and if he had not fled he had been killed himself and that he was kind to the English and preserved many of them both before and after and that the Protestant Bishop of Killalla had declared That he believed this Action was done in spight to the Prisoner and by Letter acknowleged his Civility to himself But to proceed the like High Courts of Justice were held at Cork Waterford c. but so many of the Murtherers had been destroyed by the Sword and the Pestilence that not above two hundred suffered by the hands of the common Executioner In the mean time on the 12th of August they passed in England an Act for the settling of Ireland wherein the Marquess of Ormond the Protestant Bishop of Derry the Earl of Roscomon and the Lord Insiquin were by name excepted from Pardon for Life or Estate equally with many others therein named that were guilty of the first Rebellion And so we are come to the Year 1653 wherein I cannot find any thing that looks like War and yet it was the 26th day of September before it was declared That the Rebels were subdued and the Rebellion appeased and ended Whereupon they immediately proceeded to the Distribution of Lands to the Souldiers for their Arrears and to the Adventurers for their Money And thus ended a REBELLION which began with TREACHERY and CRUELTY and continued with OBSTINACY against all the Tenders of MERCY and the utmost CONCESSIONS a Gracious King could make and was supported by an OATH of ASSOCIATION and Propositions annexed thereunto wherein there is not a word but breaths HIGHTREASON except a few of the first Lines which sets up the KING's NAME and AUTHORITY in PAGEANTRY and MOCKERY to be Crucified and Contradicted by all that follows FINIS A LETTER To the AUTHOR of the History of Ireland CONTAINING A Brief Account of the Transactions in that Kingdom since 1653. SIR I Do very well approve of your resolution to close the Second Part of your History of Ireland with the end of the Irish Rebellion for besides that it is impossible for you at this distance from the Records and Council-Books in Ireland to give so full and satisfactory an Account of that Kingdom from 1653 forwards as you have given of the time before it is certain that the Intrigues of the Acts of Settlement and Court of Claims the Transactions in the late Reign and the present stupendious Revolution will afford matter more than enough for another Volume nor indeed can your History be so compleat as I expect it will be if it were closed with any thing less than the Glorious Issue of the present War However I do not offer this
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
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
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
Antrim himself confesses to be a Trustee and therefore we may be sure the King wrote sincerely to him ORMOND THough I am sorry for this Occasion I have to send unto you which is the sudden and unexpected Rebellion of a great and considerable Part of Ireland yet I am glad to have so faithful and able a Servant as you are to whom I may freely and confidently write in so Important a Business This is therefore to desire you to accept that Charge over this which you lately had over the former Army the which though ye may have some Reason to excuse as not being so well acquainted with this Lord-Lieutenant as ye was with the last yet I am confident that my Desire and the Importance of the Business will easily overcome that Difficulty which laid aside for my sake I shall accept as a great renewed Testimony of that Affection which I know ye have to my Service So referring what I have else to say to Captain Weemes Relation I rest Edinb 31 Octob. 1641. Your most assured Friend CHARLES R. Lastly The Credential which Burk had was not until the 8th day of February 1641. And that the Reader may see the bottom of this Intrigue I have added it verbatim copied from the Original ORMOND BEing well satisfied of the Fidelity of this Bearer Mr. Burk I have thought fit not only to recommend him to you but also to tell you that I have commanded him to impart to you what I have not time to write which I think will much conduce to the reducing of the Rebels which I know none desires more than your self and so I rest Windsor Feb. 8 1641-42 Your most assured Friend CHARLES R. FINIS ERRATA In the Apparatus Page 2. in margine for tanquam read tantam p. 3. l 28. f. 1643. r. 1642. In the History PAge 12. line 50. for dead read ready p. 21. l. 51. dele of p. 28. l. 23. dele besides p. 29. l. 40. r. returned to p. 44. l. 32. r. May 1628. p. 60. l. 23. f. was r. were p. 66. l. 9. f. his r. this p. 72. l. 42. f. 64. r. 65. p. 73. l. 49. f. trot r. go p. 75. l. 51. f. December r. November p. 77. l. 45. f. their Religion likewise persecuted by the Parliament r. of the same Extraction with themselves p. 86. l. 30. f. October r. December p. 95. l. 46. f. he r. the. p. 98. l. 42. f. alias r. Mac. ibid. l. 39. dele also p. 115. l. 6. f. hundred r. thousand p. 130. l. 6. f. A r. the. ibid. l. 44. r. they will p. 139. l. 37. r. and relieve p. 148. l. 49. f. Jany r. Inny p. 156. f. on r. in p. 175. l. 52. dele the. p. 177. l. 16. f. fifteen r. five p. 192. l. 39. r. for p. 193. l. 20. r. 38. p. 196. l. 30. l. 〈…〉 dele part of the 15th and all the 16th 17th and 18th Lines The Reign of King Charles the Second PAge 3. in margine r. Temerarie p. 6. l. 49. f. Batalia r. Readiness p. 136. l. 51. for all r. good part of the. In the Appendix Page 165. l. 40. f. 1641. r. 1648. p. 209. l. 29. f. was r. were Books printed for and sold by Joseph Watts at the Angel in St. Paul's Church-Yard THE History of Ireland from the Conquest to the End of the Reign of Queen Elizabeth By Richard Cox Esquire the first Part. Folio Chardyn's Travels into Persia and the East-Indies Folio The Trial of the Lord Russel c. Folio Diary of the late Expedition of his Majesty into England Quarto Representation of the threatning Dangers Impending over Great Britain before the coming of their Majesties King William and Queen Mary Quarto Treatise of Monarchy in two Parts By Hunton Quarto Discourse of the Opposition of the Doctrine Worship and Practice of the Roman Church to the Nature Designs and Characters of the Christian Faith By Gilbert Lord Bishop of Salisbury Quarto The True Test of the Jesuits or the Spirit of that Society disloyal to God their King and Neighbour 4 o. Sure and Honest means for the Conversion of Hereticks Published by a Protestant 4 o. The present Settlement vindicated and the late Misgovernment proved In Answer to a seditious Letter from a pretended Loyal Member of the Church to a Relenting Abdicator with the said Letter Quarto Journals of the House of Commons in 1680 and 1681. Octavo Treatise of the Corruption of Scriptures Councils and Fathers By the Prelates and Pastors of the Church of Rome for the maintenance of Popery By Thomas James 8 o. The True Nature of the Divine Law Octavo A Discourse of the Nature Use and right managing the Baroscope or Quick-silver Weather-Glass With the true Equation of Natural Days for the better ordering Pendulum Clocks and Watches By John Smith Octavo Reform'd Devotions in Meditations Hymns and Petitions for every Day in the Week By Theophilus Dorrington Twelves An Earnest Invitation to the Sacrament of the Lord's Supper By Jos Glanvill The 7th Edition 12 o. The Mystery of Iniquity By Dr. Burnet Octavo Serious Reflections on Time and Eternity By John Shower 12 o. Expostulation with the Whigs in Scotland 4 o. The Earl of Rochester's Funeral Sermon 〈◊〉 Likewise Acts of Parliament Proclamations Declarations Orders of King and Council Speeches of the Kings c. in Parliament Pamphlets of all sorts Sermons on all Occasions Trials Narratives and Gazettes c. are sold by the said Joseph Watts A Table of the most Material Passages of this Book Note C 2. signifies that part of this History which contains the Reign of King Charles the Second A. Pag. ANalecta Hiberniae when published 33 Army encreased to 5000 Foot 500 Horse 41 and quartred upon the Country 42 and encreased to 8000 Foot and 1000 Horse more 51 but this Addition disbanded 71 Atherton Bp of Waterford executed 58 Adair Bishop of Killalla deprived and why 60 Athlone surpriz'd by Friar Dillon 170 Assembly General of the Irish sit 123 and make Orders 163 and declare against the Peace of 1646. 185 their Declaration previous to the Peace of 1648. 205 B. Baronets instituted 17 Bishops their Protestation against Toleration of Popery 43 Battel at Gelingston Bridg 82 in County of Wicklow 83 at Swords 87 of Kilrush 106 of Tymachoo 109 of Raconell ibid. of Ross 111 of Ballintober 114 of Rapho 115 of Killworth 129 of Castlelyons 158 of Bemburb 165 of Dunganhill 195 of Knocknanoss 197 of Rathmines C. 2. 7 on Wexford-strand 11 at Macrâ—ome 16 at Skirfolas 24 Knocknaclashy C. 2. 68 C. Cities of Munster rebel 4 5 and submit 7 8 have their Charters renewed 15 Cary Sir George Lord Deputy 9 Chichester Sir Arthur Lord Deputy 9 goes to England 25 and returns successfully 29 and is made Lord of Bellfast 33 Commissioners sent to inspect the Affairs of Ireland 36 their Computation mistaken 37 City of Cork made a distinct County 10 destroyed by Fire 39 Customs
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
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