Councils and to give such Expedition to the Work as the nature thereof and the pressures in point of time require and whereof you are daily put in mind by the insolencies and increase of the Rebels Upon which the Parliament willing to omit no time precious in so weighty a Concern past a Bill of Loan towards the Relief of Ireland beginning thus Whereas sit hence the beginning of the late Rebellion in Ireland divers cruel Murthers and Massacres of the Protestants there have been and are daily committed by Popish Rebels in that Kingdom by occasion whereof great multitudes of Godly and Religious People there inhabiting together with their Wives Children and Families for the preservation of their Lives have been enforced to forsake their Habitations Means and Livelihood in that Kingdom and to flee for succour into several parts of his Majesties Realm of England and Dominion of Wales having nothing left to depend upon but the charitable Benevolence of well-disposed Persons The Lords and Commons now assembled in Parliament taking the same into their charitable considerations for the Honour of Almighty God and the preservation of the true Protestant Religion and Professors thereof have resolv'd presently themselves to contribute towards the necessities of the said poor distressed Christians who being many in number it is thought expedient that through all his Majesties Realm of England and Dominion of Wales a general Collection should be with all expedition made for that purpose c. Other Expedients considering the state of the Kingdom at that time not being convenient to be urg'd the effect of which was incredible so vast and free a Sum flowing in thereupon as nothing but a compassionate sense of the sufferings of their Brethren and a duty to their Religion could ever have rais'd so much Yet that being short of their Exigencies the State was then forc'd to another Act pass'd for Subscriptions on certain Propositions for Lands of the Rebels in Ireland To which those of the United Provinces of Holland were also encourag'd by a Declaration of both Houses the 2d of Feb. 1642. which is worthy often to be considered but being long though excellently and with much caution pen'd we shall refer you to the Act it self Anno 17. Carol. primi Immediately upon which Act divers Captains entertain'd for the Irish service adventur'd their first 6 Months Pay upon the Propositions Yet before these Propositions could be brought into an Act that no time in so great a Concern might be omitted both Houses of Parliament joyn'd in a Letter to the High Sheriffs of England that they might publish at the ensuing Lent-Assizes all the Propositions touching his Majesty's Promise to pass the two Millions and half of Acres of Land in Ireland for an encouragement to such as should in the interim subscribe After which the Act fore-mention'd immediately ensued upon the passing of which Act these subscrib'd in the House of Commons Mr. Walter Long 1200 l. Sir Robert Pie 1000 l. the 8th of March 1641. Mr. Samuel Vassall 1200 l. Sir Samuel Rolls of Devon 1000 l. William Lord Munson 2400 l. Sir John Harrison 1200 l. the 19th of March Sir William Brereton 1000 l. the 21. of March Sir Edward Aishcough 600 l. Mr. John and Mr. Edward Ash 1200 l. the 24th of March Sir Gilbert Pickering 600 l. the 25th of March 1642. Sir John Clotworthy in Money 500 l. Sir John Clotworthy for his Entertainment as Colonel in the Irish Wars 500 l. Mr. Henry Martin 1200 l. the 26th of March Mr. Arthur Goodwin 1800 l. Sir Arthur Haslerigge of Leicestershire 1200 l. Mr. Robert Reynolds 1200 l. Sir Robert Parkhurst 1000 l. Sir Thomas Dacres 600 l. Sir John Pots 600 l. Sir Arthur Ingram 1000 l. Dr. Thomas Eden 600 l. Mr. Oliver Cromwel 500 l. Mr. Nathaniel Fines 600 l. Mr. John Pym 600 l. Sir Walter Earle 600 l. Mr. Cornelius Holland 600 l. Sir John Northcot 450 l. Mr. Roger Matthew 300 l. Sir Nathaniel Bernardston 600 l. Sir William Masham 600 l. Sir Martin Lomley for Martin Lomley Esq his Son 1200 l. Mr. Thomas Hoyle of York 600 l. Mr. Anthony Bedingfield and Mr. William Cage 700 l. Sir William Allenson of York 600 l. Mr. William Havengham 600 l. Mr. Harbert Morley 600 l. Sir William Morley 1200 l. Sir John Culpeper 600 l. Sir Edward Partherick 600 l. Richard Shuttleworth Esq 600 l. Mr. John More and Mr. William Thomas 600 l. Mr. John Lisle 600 l. Mr. John Blackston 600 l. Sir Gilbert Gerrard 2000 l. Mr. Bulstrod Whitlock 600 l. Sir Edmond Momford and Mr. Richard Harman 600 l. Mr. John Trenchard 600 l. Mr. John Gurdon 1000 l. Mr. John Barker 1000 l. Mr. William Harrison 600 l. the 29th of March Mr. John Wilde Serjeant at Law and Mr. Thomas Lane 1000 l. Nathaniel Hallows of Derby for himself and others 1400 l. John Franklin 600 l. Mr. George Buller of the County of Cornwal 600 l. Sir Henry Mildmay 600 l. the 1. of April Mr. Oliver St. John 600 l. Sir John Wray 600 l. Sir Thomas Barrington 1200 l. Mr. Robert Goodwin and Mr. John Goodwin 600 l. the 2. of April Mr. Denzil Hollis 1000 l. Mr. John Crew 600 l. Sir John Peyton 600 l. the 4th of April Sir William Plactors 600 l. Sir William Strickland 600 l. Sir Thomas Savine 1000 l. Alexander and Squire Bence 600 l. Mr. John Rolls of Devon 450 l. Mr. John Hampden 1000 l. Mr. William Jesson 300 l. Sir Edward Baynton 600 l. Thomas Lord Wenman and Mr. Richard Winwood 1200 l. the 5th of April Sir William Drake 600 l. Mr. William Spurstow 600 l. Sir John Welyn of Godstow in the County of Surrey for himself and others 1500 l. the 7th of April Mr. Miles Corbet 200 l. the 9th of April And that this intended Design might proceed till the whole made up a considerable sum the Gentlemen of the County of Buckingham freely offer'd unto the House of Commons to lend 6000 l. upon the Act of Contribution for the Affairs of Ireland and to pay in the same before the first of May 1642. which the House took in very good part and accepted of and order'd the 9th of April 1642. that the said 6000 l. should be repaid out of the first Moneys that shall be rais'd in that County upon the Bill of 400000 l. and that Mr. Hampden Mr. Goodwin Mr. Winwood and Mr. Whitlock should return thanks to the County of Bucks from this House for their kind offer and acceptable service And it was further order'd and declared by the House of Commons That if any other County or Persons shall do the like it will be kindly accepted of by them and that the Moneys so lent shall be repaid them with Interest if they desire it out of the Moneys that shall be rais'd in those Counties where such Persons inhabit out of the Bill of 400000 l. To strengthen which precedent Act for Subscriptions c. there was an
be grounded we cannot find we have sworn to act according to the Principles you now declare For in some things if we admit of your Representation we shall be necessitated to act against what we have sworn unto in the Covenant For The first Article wherein we are bound to a preservation of the present Discipline in Scotland we are in the same Article obliged to a Reformation of the same in England and Ireland according to the Word of God and the Example of the best Reformed Churches which no doubt the Parliament will in due time establish In the interim we are un-satisfied with any Power that acts in this Case without their Direction For what you speak in relation to the King's Person we have yet no certainty out of England concerning that Matter and it is an action of so transcendent degree that till we receive some positive Resolution concerning it from England we ought not to proceed in giving our Sence of it In the 5th Article of the Covenant we are sworn to endeavour the continuing the Kingdoms in Union in which we desire your selves to be Judges if the publishing of your Representations be a probable way to observe the Oath In the 6th Article we are sworn to defend those joyn'd with us in this Covenant and not to suffer our selves directly or indirectly to combine against them Now till we receive a full Declaration of their falling from those Principles of this Covenant how can we with safety to our own Consciences declare a War against them without breaking the Covenant in this Particular In the next place We find some things in your Representations wherein as we conceive you are not rightly informed First In that you say The Parliament hath broken the Covenant in opposing the Presbyterial Government which can no ways appear since the same Government by their appointment is observ'd throughout England and that the Covenant obligeth them to establish the Government no further than is agreeable to God's Word Secondly You say That you have deeply sworn in the first Article to maintain the Church-Government as it is in the Church of Scotland which they have not sworn the part of the Oath for preservation of the Government relating only to the Kingdom of Scotland and the Reformation of Religion to the Kingdoms of England and Ireland Thirdly 'T is affirmed That the Power now governing in England doth labour to establish by Law an universal toleration of all Religions which yet was never done by them Lastly The sad Consequences which will un-avoidably follow if we pursue the Intention of the Representations are these First By declaring such an open War against the Parliament we should deprive our selves of all Succours and Supplies out of England which have been hitherto a great part of our subsistence Secondly The pursuing of such a War will un-avoidably sow such Divisions amongst us who in these Parts are of such different Principles and Practices that we shall soon become instruments of our own ruine Thirdly It will compel us for our own preservation to joyn with the Rebels or desert this Kingdom And lastly It will without any lawful Call engage us in a War against an Army who have under God been the instruments of redeeming England out of thraldom and was not long since acknowledged to have been so instrumental in setling Scotland in the Peace and Quietness it now enjoyeth and this at the Charge of England as the Declaration of the Kingdom of Scotland doth thankfully witness These things therefore being duely weighed we desire you in the fear of God seriously to take this our Answer into your Considerations and to remember on whom the guilt of innocent blood will fall if you inforce a War and to set before your eyes the punishment from Heaven which hath still attended the Endeavours of all who have deserted the Quarrel in this Kingdom to engage against the Parliament of England From visible Judgements we are resolv'd by God's assistance to take so good warning as we will not be guilty of destroying the Cause we have so long labour'd into countenance for your Representations till we be better satisfied in our Consciences though we will not directly or indirectly countenance any Sectaries or Schismaticks who-ever is truely so called contrary to our Solemn League and Covenant but we will to the utmost of our Endeavours continue faithful in the prosecution of the Rebels in this Kingdom and their Abettors wherein we shall not doubt of the Blessing and Protection of the Almighty upon our lawful and just Endeavours And for furtherance hereof we desire in the last place that we should all declare against the Peace last made by the Lord Marquess of Ormond as that which will if not protested against ruine and destroy your Service of this Kingdom against the Rebels Here it 's evident that Sir Charles Coot could by no ways be brought on yet the Peace being settled his Excellency endeavour'd to work over Lieutenant General Jones to his Party to which end his Excellency vouchsafed to write to him many Letters from Thurles the 27. of March 1649. all answer'd without the least compliance on Jones's side He by his Reply the 31. of March 1649. charging the fatal and inhumane Act perpetrated on his Majesty to his Excellency's arrival in Ireland during the Treaty at Carisbrook whereby the sincerity of that Treaty was question'd occasionally writes he producing what thereupon followed so as in conclusion he professed That were there neither King or Parliament he should yet stand firm to his Principles to preserve the English Interest in Ireland that being a Cause alien from what was acted in England Foraign to his Work and Trust which if he should not perform would not easily be expiated by a slender or lean Manifest upon which no more Letters pass'd betwixt them though the Lord Inchequin in June from the Camp at Finglass 1649. renewed the Attempt and was answer'd with the like Resolution and some Reflections on his Lordship About which time Ireland came again to be seriously thought of by the Parliament though hitherto it was in some respects made a Stale for several Designs then on foot Jones was much confided in but it was thought requisite the weight of that Business should lye on other shoulders not his Cromwel therefore about the 28 of March was voted General of Ireland Skippon under the Title of Martial General having refused the Command and these ensuing Votes passed thereupon 1. That such Regiments as should be alloted for the Irish Service should have their Arrears audited stated and Debentors given for their respective Services 2. That visible Security should be given so that any Friend or other being intrusted with a Debentor might receive it at a time prescrib'd by the Parliament 3. That those who go for Ireland should be first satisfied for their Arrears since 1645. 4. That out of the 120000 l. per mensem for England and Ireland
greater Contagion to our Religion then could arise from those light differencies was imminent by Persons common Enemies to them both namely the great number of Priests both Seminaries and Jesuits abounding in this Realm as well of such as were here before our coming to this Crown as of such as have resorted hither since using their Functions and Professions with greater liberty then heretofore they durst have done partly upon a vain confidence of some Innovation in matter of Religion to be done by us which we never intended nor gave any man cause to expect and partly upon the assurance of our general Pardon granted according to the custom of our Progenitors at our Coronation for offences past in the days of the late Queen which Pardons many of the said Priests have procur'd under our great Seal and holding themselves thereby free from the danger of the Laws do with great Audacity exercise all Offices of their Profession both saying Masses perswading our Subjects from the Religion Established and reconciling them to the Church of Rome and by consequence seducing them from the true perswasion which all Subjects ought to have of their Duty and Obedience to Us Of which though I might urge more I have no itch to enlarge their own Scourge may be their Punishment Saepe in Magistrum scelera redierunt sua Certain it was the Irish hop'd to shake off the English Government by that attempt but how improbable a Series of 500 years Succession sufficiently evinces every defection in the People having rooted the Prince more intire that at length methinks they should be wean'd from further Assays of that nature though where there are a People who look towards Egypt there will not want some to cry out for a Captain to lead them But to descant hereupon is not my design being willing to believe that Janus's Gates may henceforth be shut Allegiance being the aim not the pretence of their present Submission What I here endeavour is to clear by what Steps the late Rebellion arrived at its Height and how it came in so short a time to sweep all before it In handling of which I shall first shew the Condition of the Kingdom some years before the Rebellion Then I shall speak of the preliminary Acts thereunto and therein detect the vanity of those who would fix the Rebellion at first upon a few discontented inconsiderable Persons a Rable Authors of all the Civil War that followed in Ulster onely when the Plot was a long laid Design determin'd by the main Body of the Nation as Rory-Mac-Guire ingenuously told Colonel Audley Mervin That this great undertaking was never the Act of one or 2 giddy fellows We have said he our Party in England we have our Party in Scotland that will keep such as would oppose us busy from sending you any Aid in as much as I could tell you who the Persons were that were designed for the Surprisal of all the Places of Strength And in the Declaration of the Archbishops Bishops and other Prelates of Ireland at Jamestown the 12. of August 1650. It is there acknowledged That the Catholick People of Ireland so not the Rable in the year 1641. were forc'd to take up Arms for the defence of Holy Religion their Lives and Liberties which some very industriously would fain wipe off as being too undeniable an evidence of their inclinations before those vain pretences they fly to as their main Subterfuge drove them into the Net with others Yet we shall herein so clear the folly of what they would have the World believe as their Excuse serves mainly to aggravate their Crime Mens Impudicam facere non casus Solet Afterwards I will fall on the Subject till the Cessation manag'd by subtil Instruments of State Yet not without great Disgusts to some highly improv'd to the event of what afterwards ensued Then we shall proceed to the Conclusion which betwixt the Cessation and that will appear to have many notable changes such as though some Histories may lead you through many varieties this more In clearing of which I should have been glad of more Originals than I could meet with especially such as might have detected the whole Proceedings at Kilkenny where the Design was so closely anvil'd as all things afterwards were found there in defiance of his Majesties Authority There first the Clergy compact a General Congregation which summon'd a General Assembly equivalent in their Veneration to a Parliament and that Established a Supream Council of the Confederate Catholicks which received from them Sanction and Laws by which Coin was stamped National and Provincial Court Established Estates setled their Clergy Re-established the Popes Nuncio receiv'd Ambassadors sent thence and others entertain'd from Foraign Princes all under a Soveraign Seal of their own and what else might bespeak them independent on any but their own Power But the Evidence of these and some other Records being the Treasure of fearful men whom a specious Artifice had charm'd easy Keys oâ— Interest could not freely purchase The Records however of that presumptious Assembly are notwithstanding the unfortunateness of the Age yet secur'd in his Library which though before it wanted little to make it venerable will in future Ages be resorted to as a Treasure invaluable securing those Secrets which the malice of so potent an Enemy would have improv'd to the ruine of an Empire Yet as I have already said I ground little if any thing but on Proofs Nay I have so well sifted Kilkenny it self though no Art hath been omitted to shuffle up the Proceeding there as the Original Progress and State of that Conclave is not without faithful and notable Remarks more being under the Vizard than appear'd in the Disguise though the Retirement I have now betook my self to suitable to the effects of so disconsolate a Rebellion deprives me of those Councils and Societies which by a free'r Commerce might have rectified either my Sence or Stile For the most part I have in the Appendix set down Copies of the weightiest Records they carrying so much even of the History in them as they eas'd me in the Story I should have been forward to have enlarg'd more nothing of that nature being otherwise than important But in that his Majesty's Works Sir John Temple of the Irish Rebellion Husbands Collections of Orders Ordinances and Declarations of both Houses of Parliament the Commissioners of Ireland's Remonstrance to the House of Commons in England of the condition of the Clergy and Protestants the Speeches of several Members Diurnals Walshes Loyal Formulary the Answer to the Irish Remonstrance presented at Trim 1642. And other Prints being extant I have rather chose to refer the Reader often thither then engage him in too Voluminous a Tract though where any Relation act or other Material Instrument makes up the Story not without injury to be abreviated we have tied our selves to the Words It was my happiness I must acknowledge to meet with a
the late exorbitances so bitterly decried in Parliament of Paper Petitions or Bills in Civil Causes to be brought before them at the Council-board or before any other by their Authority reducing by his Majesties approbation the Subsidies from 40000 l. a Subsidy to 12000 l. a Piece Bringing all things to that compliance as best suited with his Majesties Interest and the quiet of the Nation that if it were possible there might not be the least discontent or jealousie rais'd amongst the People and for a season all things seem'd so peaceable as never any Government was less excepted against Yet then in the end of the year 1640. his Majesty being inform'd of an intention to raise Troubles in Ireland commanded Sir Henry Vane his Principal Secretary to write unto these Lords Justices this Letter Right Honourable HIs Majesty hath commanded me to acquaint your Lordships with an advice given him from abroad and confirm'd by his Ministers in Spain and elsewhere which in this distemper'd time and conjuncture of affairs deserves to be seriously consider'd and an especial care and watchfulness to be had therein which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Church-men for England and Ireland and some good old Soldiers under pretext of asking leave to raise men for the King of Spain whereas it is observ'd among the Irish Friers there a whisper runs as if they expected a Rebellion in Ireland and particularly in Connaght Wherefore his Majesty thought fit to give your Lordships this notice that in your wisdoms you might manage the same with that dexterity and secresie as to discover and prevent so pernicious a Design if any such there should be and to have a watchful eye on the proceedings and actions of those who come thither from abroad on what pretext soever And so herewith I rest Your Lordships most humble Servant Henry Vane White-hall March 16. 1640. Which was delivered to the Lord Justice Parsons and since his death found in his Study and by Sir James Barry Lord Baron of Santry a right Honourable and worthy Person presented to his present Majesty who look'd upon it as a precious Jewel discovering his Father's Royal thoughts towards the preservation of his Protestant Subjects and People But how far it was at first communicated is uncertain though being of so great a Trust it may very well be believed to have been often reflected on with caution and prudence Certain it is that notwithstanding that there was an Item that there should be an especial care against levying of Soldiers for Spain yet Colonel John Barry Colonel Taaff Colonel Garret Barry and Colonel Porter had all Warrants to transport 4000 Men thither which several of the House of Commons in Ireland and England too with much artifice though with divers ends endeavour'd to prevent on plausible terms As that from the experience of what they might learn abroad they afterwards might prove ill Instruments at home whereas it was more necessary that they should be employ'd on Husbandry whereof that Kingdom had great need And many of the active men of the House of Commons in Ireland as Darcy the Lawyer Plunket Chevers Martin and others urg'd their stay with a passion seemingly much concern'd for that amongst many Reasons which I will not undertake at so long a distance positively to remember though I had the honour to be a Member of that House yet I cannot forget that their chief Argument was drawn from the Spaniards having long born an ill will to England and her Empire And therefore they did not know mark the insinuation how soon those very Regiments acquainted with every Creek of the Kingdom might be return'd on their own Bowels having naturally a love to their Religion which such an Incendiary as the King of Spain might soon inflame to the highest prejudice Which I the longer insist on for that the Collection of Murthers committed on the Irish published by R. S. 1662. would insinuate the better to invalidate the Abstract of Murthers committed by the Irish that the Catholick Members of the House of Commons in Ireland never hindred as that Abstract affirms the Transportation of the Earl of Straffords disbanded Soldiers into Spain purposely to advance the Rebellion which is clear they did Inasmuch as upon these and other Arguments their Transportation was deferr'd though if the discontented Irish Army had been disposed of beyond-Sea according to the Contracts with the French and Spanish Ambassadors it was very clear as is judicially affirmed that there could have been no Rebellion in Ireland the Pretence and Means thereof having been thereby taken away though some were of opinion that where-ever these Forces had been they could yet easily have been brought over again as others have been since the principal Heads of the Rebels Army being led by old experienc'd Soldiers who at the breaking out of the Rebellion were generally beyond-Sea as the Leimster Forces by Colonel Preston a branch out of the House of Gormanston the Ulster Forces by Owen Roe O-Neal both bred in Flanders Munster Forces by Garret Barry and the Connaght Forces by one Burck animated with their Cause and the Pope's encouragement And it cannot be denied that the promiscuous compleating of the Army lately rais'd of 8000 Foot and 1000 Horse in Ireland taught many of the Common Soldiers the use of Arms who otherwise would have been ignorant thereof And evil in Perrot's and Fitzwilliam's Government much took notice of and by Camden in his Eliz. Anno 1593. towards the end observ'd in the like case to be most improvidently done as afterwards was found the Irish being always disloyal to the English Upon which I cannot but reflect on what Antalcidas in Plutarch * tells Agesilaus of being sorely hurt by the Thebans That they had paid him his deserved hire for teaching them against their wills to be Soldiers who before had neither will nor skill to fight Certain it is that most of these Soldiers thus rais'd betook themselves to the Rebels Party although very few of their Officers if we may credit a late Historian were polluted with the crime Yet notwithstanding the Letter fore-cited and many troublesome passages in Parliament wherewith the Lords Justices and Council were not seldom alarm'd sufficient to waken their confidence no Cloud not the breadth of a hand appear'd but the Lords Justices kept a fair correspondence with the Parliament giving all the furtherance they could to the going of their Committee into England hoping that what his Majesty should be pleased to grant at their requests might redound to the common benefit of the Nation Neither did the Lords Justices or Council transmit unto his Majesty or any of the State of England any mis-reprehensions of the proceedings and actions of that Parliament as some maliciously insinuated in as much as a Noble Person a Peer in the Lords House said That the Lords Justices had
the State First they agreed That their Loyalty to his Majesty should be still reserv'd say they of the modest sort but both his Revenues and Government must be reduc'd to certain bounds His Rents none other than the antient Reservations before the Plantations and the Customs so order'd as to them should be thought fitting Secondly For the Government such as would be esteem'd Loyal would have it committed into the hands of two Lords Justices one of the antient Irish Race the other of the antient British Inhabitants in the Kingdom provided that they be of the Romish Profession Thirdly That a Parliament be forthwith call'd consisting of whom they shall think fit to be admitted wherein their own Religious Men shall be Assistants Fourthly That Poining's Act must be repeal'd and Ireland declar'd to be a Kingdom independent on England and without any reference to it in any case whatsoever Fifthly All Acts prejudicial to the Romish Religion shall be abolish'd and it to be Enacted That there be none other Profession in the Kingdom but the Romish Sixthly That onely the antient Nobility of the Kingdom shall stand and of them such as shall refuse to conform to the Romish Religion to be remov'd and others put in their room Howsoever the present Earl of Kildare must be put out and another put in his place Seventhly All Plantation Lands to be recall'd and the antient Proprietors to be invested into their former Estates with the Limitations in their Covenant express'd That they had not formerly sold their Interests on valuable Considerations Eighthly That the respective Counties of the Kingdom be subdivided and certain Bounds or Baronies assign'd to the Chief Septs and other of the Nobility who are to be answerable for the Government thereof and that a standing Army may be still in being the respective Governours are to keep a certain number of men to be ready at all Risings out as they term it they also being to build and maintain certain Fortresses in places most convenient within their Precincts And that these Governours be of absolute Power onely responsible to the Parliament Lastly For maintaining a Correspondency with other Nations and for securing the Coasts that also they may be render'd considerable to others a Navy of a certain number of Ships is to be maintain'd that to this end five Houses are to be appointed one in each Province accounting Meath for one of them that to these Houses shall be allotted an Annual Pension of certain thousands of Pounds to be made up of part of the Lands appropriate to Abbeys and a further Contribution to be rais'd in the respective Provinces to that end That these Houses are to be assign'd to a certain order of Knights answerable to that of Malta who are to be Sea-men And to maintain this Fleet that all Prizes are to be apportion'd some part for a Common Bank the rest to be divided to which purpose the selling of Woods serviceable for this use is forbidden The House for this purpose to be assign'd to the Province of Leimster is Kilmainham or rather Howth the Lord of Howth being otherwise to be accommodated provided he joyn with them that place being esteem'd most convenient in respect of situation which they have small grounds to hope for For the effecting of which they consider'd that the Forces of the Kingdom would easily amount to two hundred thousand able men wanting onely Commanders which as I have already took notice of might be supplied from O-Neals Regiment in Flanders and other places breeding up the Irish in Arms and Rebellion And for Money the other Sinew of War they were resolv'd not to want it if it could be rais'd-either from Tenant or the Farmers of the Customs who having it then ready were to bring it to their respective Banks So as nothing was omitted which rationally might further their design Which after the State by Proclamation had made known and many on suspicion were daily seiz'd on Certainties of its success were hourly brought to the State That night the Lord Blany brought the ill news of the Rebels seising upon Castle Blany in the County of Monaghan and his Wife and Children and Servants as also of the surprisal of Carrick Mac-ross a House of the Earl of Essex's and Sir Spotswood's in the same County burning divers Villages robbing and spoiling many English none but Protestants On Sunday Sir Arthur Tirringham gave intelligence that the Irish in Newry had broken up the King's Store of Arms and had seiz'd upon them and the Ammunition there listing themselves under the command of Sir Con Mac-Gennis Knight and one Creely a Monk Thus almost every hour some like Job's Messengers hasted to the State as preserv'd onely to acquaint them of the disasters of their Relations and the sufferings of the Protestants of which with all circumstances to it the Lords Justices and Council gave his Majesty an account by Sir Henry Spotswood being then in Scotland and sent Owen O Conally with Letters dated the 25th of October to the Earl of Leicester Lord Lieutenant of Ireland the effect of which Letter you may see in its proper place In the interim the State being from all parts terrifi'd with the insolencies of the Rebels they scarce knew how to steer their course no Money being in the Treasury and the main part of the Citizens being justly suspected for that being mov'd to advance Money on the occasion will Posterity believe it their whole Community would not reach 50 l. And such as had escaped the violence of the Rebels having nothing but their Persons for a prey could contribute little many of which were so frighted with what they had seen and suffered that like inanimate Bodies they appear'd sensless and stupid However the Lords Justices and Council having secur'd the Castle by a Company of Foot under the command of Sir Francis Willoughby one of the Privy Council a known and experienc'd Soldier and setled Sir Charles Coote also of the Privy Council in the Government of the City wherein as in other Services he proved afterwards signally eminent and noble They advertis'd the Earl of Ormond whom the Rebels boasted they had made of their Party then at his House at Carrick of what had hitherto happen'd desiring him to repair to Dublin with his Troop which he accordingly observ'd about the beginning of November About the 27th of October the Lords Justices and Council sent Commissions to the Lords Viscounts of Clandeboys and of the Ardes to raise the Scots in the Northern Parts they also writ to Sir William and Sir Robert Stewart with other Gentlemen of Quality in the North Giving them power to prosecute the Rebels with Fire and Sword yet so as to rescue such as should submit to his Majesties Grace and Mercy signifying withall That although by the said Commission they gave them full power thereunto yet they did then let them know that for those who were chief among the Rebels and Ring-Leaders of the
Protestants Subjects there I cannot but again earnestly commend the dispach of that Expedition unto you for it is the chief Business that at this time I take to heart and there cannot almost be any Business that I câ—â— have more care of I might now take up some of your time in expressing my Detestation of Rebellions in general and of this in particular But knowing that Deeds and not Declarations must suppress this great Insolency I do here in Word offer you whatsoever my Power Pains or Industry can contribute to this good and necessary Work of reducing the Irish Nation to their true and wonted Obedience And that nothing may be omitted on my Part I must here take notice of the Bill for pressing of Souldiers now depending among you my Lords concerning which I declare that in case it comes so to me as it may not infringe or diminish my Prerogative I will pass it And farther seeing there is a Dispute rais'd I being little beholding to him whosoever at this time began it concerning the bounds of this ancient and undoubted Prerogative to avoid further Debate at this time I offer that the Bill may pass with a Salvo Jure both for King and People leaving such Debates to a time that may better bear them If this be not accepted the fault is not mine that this Bill pass not but theirs that refuse so fair an offer To conclude I conjure you by all that is or can be dear to you or me that laying away all Disputes you go on chearfully and speedily for the reducing of Ireland A Charm one should think sufficiently powerful Yet the Lords and Commons in Parliament from his Majesty's Speech took great exceptions suffering the Supplies of Ireland to be retarded demanding of the King the Names of those who had counsell'd Him to take notice of any Debate in the House before it was from'd into a Bill whence began the Cry against evil Counsellors afterwards the pretext of the Misery that ensued Some Forces indeed the Parliament had sent to the Sea-side and others were on their March yet Winds and Tides Votes and Councels did not equally agree so as the Exigences by this means that the State of Ireland was cast upon almost split them Whereupon the Lords Justices and Council publisht a Proclamation dated the 28th of December 1641. Requiring all Persons other than such as had necessary Causes to Dublin such as the Lords Justices the Lieutenant-General of the Army or the Governour of his Majesty's Forces in the City of Dublin should approve or other than such as should bring Provision to the City to be sold should forbear coming to the City or Suburbs thereof upon pain of Death Which was done in time of high necessity Provision being scarce and few repairing to the City but what were Spies and Traitors And because what his Majesty had propos'd before-mention'd for the service of Ireland seem'd to have little effect he again sends a Message to the Lords House by the Lord Chamberlain the 28th of December That being sensible of the Miseries of Ireland the Succours for which went on slowly he offer'd to raise 10000 Voluntiers if the Commons would undertake to pay them A Proposition rather heard than consented to About this time Sir Thomas Carey and Dr. Cale a Sorbonist offer'd from the Rebels these Propositions to the Council Board for a Treaty First That there should be a Toleration of Religion Secondly That Popish Officers as well as Protestant should be admitted to all Employments Thirdly That the Wrongs of Plantations should be repair'd since 1610. Fourthly That there should be a Protlamation to take off the File the Title of Rebels and Traitors All which pass'd somewhat currantly till One then being absent through sickness hearing thereof repair'd to the Council Board though at that time much indispos'd and upon strong Arguments Arguments that would admit of no Sophistry stop'd the proceeding of so dishonourable a Motion so early did some endeavour to force on the State a necessity of complying with the insolent Demands of the Rebels by this faithful Minister of State confidently rejected And here that you may see what the Rebels afterwards thought the only means to reduce Ireland into Peace and Quietness we shall here present you with their Propositions methodically digested The Means to reduce Ireland unto Peace and Quietness 1. THat a general and free Pardon without any exception be granted to all his Majesty's Subjects of this Kingdom and that in pursuance thereof and for strengthning the same an Act of Abolition may pass in the Parliament here 2. That all marks of National distinction between English and Irish may be abolished and taken away by Act of Parliament 3. That by several Acts of Parliament to be respectively passed here and in England it may be declared that the Parliament of Ireland hath no subordination with the Parliament of England but that the same hath in it self supream Jurisdiction in this Kingdom as absolute as the Parliament of England there hath 4. That the Act of the 12th of H. 7th commonly called Poining's Act and all other Acts expounding or explaining the same may be repealed 5. That as in England there pass'd an Act for a Triennial Parliament so there may pass in Ireland another for a Sexennial Parliament 6. That it may be enacted by Parliament that the Act of the 2d of Q. Eliz. in Ireland and all other Acts made against Catholicks or the Catholick Religion since the 20th year of H. 8th may be repeal'd 7. That the Bishopricks Deanaries and all other spiritual Promotions in this Kingdom and all Frieries and Nunneries may be restored to the Catholick Owners and likewise all Impropriations of Tythes and that the Scits Ambits and Precincts of the Religious Houses of the Monks may be restored to them but as to the rest of their temporal Possessions it is not design'd to be taken from the present Proprietors but to be left unto them till God shall otherwise incline their own hearts 8. That such as are now entituled Catholick Archbishops Bishops Abbots or other Dignitaries in this Kingdom by donation of the Pope may during their lives enjoy their spiritual Promotions with Protestation nevertheless and other fit Clauses to be laid down for preservation of his Majesty's Patronages First-fruits and twentieth Parts in Manner and Quantity as now his Highness receives benefit thereby 9. That all Inquisitions taken since the year 1634. to entitle his Majesty to Connaght Thomond Ormond Eliogartie Kilnemanagh Duheara Wickloe and Idvagh may be vacated and their Estates secured according to his Majesties late Graces 10. That an Act of Parliament may pass here for securing the Subjects Title to their several Estates against the Crown upon any Title accrued unto it before sixty years or under colour or pretext of the present Commotions 11. That all Plantations made since the year 1610. may be avoided by Parliament if the Parliament shall hold it just
of November after the Rebellion brake forth found there many of the inferiour Irish and some of the Gentry in Rebellion in the County of Rescommon and Sligo with whom he dealt mildly presuming his former intimate Friendship and some Alliance might work on them but nothing prevail'd they were otherwise harden'd nor had he Force sufficient which they well knew to compel them their Swarms were so numerous their Cruelties so outragious so that at the last they block'd him up in the Castle of Athlone by the help of the Conspirators of Wess-Meath notwithstanding the Commissions of Government the Lords Justices and Council that nothing still might be wanting on the States side to evidence the confidence and trust they were willing to repose in the Prime Natives entrusted the Earl of Clanrickard the Lord Mayo the Lord of Costiloe and others with in which condition he remain'd till the Earl of Ormond Lieutenant General of his Majesties Army carried down two thousand Foot and some Troops of Horse to his Relief the Spring following Notwithstanding the Commission the Lord Rannelaugh had from those whom his Majesty entrusted of the Parliament in England to raise five hundred Protestants nearest adjoyning for the defence of the said Province and to name the Officers his Son Arthur Jones Esq being at the same time made Constable of the Castle of Roscommon in the County of Roscommon and allowed thirty one Protestant Warders to guard the Town and Castle As Sir Robert King at the same time was appointed in the like Command for the Castle of Abbey-boyle Yet the Rebels in the interim burnt the Town of Roscommon and the Bishops Town of Elphin besides many other Englishmen's Habitations surprizing also several Castles of the Earl of Clanrickards in the County of Galloway However Sir Charles Coote Junior vigilant in all concerns so mann'd and guarded Castle-Coot as that being in January 1641. besieg'd by Con O-Rourk with 1200 men he so notably encountred him as within a week he rais'd the Siege as he did Hugh O Connor Son of O Connor Dun of Balintober Titular Prince of Connaght lineally as he would have it descended from Rodderick O-Connor King of Connaght and Monarch of Ireland never afterwards durst make any formal approach against that Castle in as much as Sir Charles Coote fetch'd in Corn and Cattle at liberty Yet the second of March following O-Rourk came with all his Forces to fetch away the Prey of Roscommon before day hurrying them almost to Molinterim before our Forces could come up to him endeavouring to make good a Pass against our men who soon break their stoutest Ranks and killing most of the Rebels recovered the Prey took many Prisoners and amongst the rest Con O-Rourk Thus each Province was in a flame and that it burst not forth all at once was partly out of the backwardness of some who would first in the proceedings of the others see how far and with what security they might put themselves on the Work A horrid Work that had no promising or good Aspect And then others in the Counties of Dublin Meath Lowth who by the aforesaid compact should have furnish'd themselves with Arms from the State under pretence of service against Ulster missing of their Design in full halted a time and many declared not themselves at first by reason the surprising of the Castle of Dublin was prevented Nor did the noble and solemn Resentment of the Parliament in England a little startle others though after that the Winter came close upon them and that the English were almost every where harrast And the succours from England came not so soon as they were expected the Irish every where gathered that heat as in all Places to express their virulency Some will have it that the Gentlemen at Westminster instead of suppressing the Irish speedily by Arms made an Ordinance wholly to extirpate them whereby the Irish extirpated most part of the Protestant Colonies killing Man Woman and Child with most horrible Barbarousness Whereas it is apparent that the greatest and most horrid Massacres were acted before the Parliament could possibly know there was a Rebellion for after that the Plot was detected the Rebels somewhat slackned their first Cruelties though then they proclaim'd That if any Irish should harbour or relieve any English suffer'd to escape them with their lives that it should be penal even to death to such Irish So that though they put not those English actually to the Sword yet by that Design they cut them off more cruelly It being a certain truth not subject to the evasion of the Sophister that in all the four Provinces the horrid cruelties used towards the British either in their bloody Massacres or merciless dispoiling stripping and extirpation of them were generally acted in most parts of the Kingdom before they could gather themselves together to make any considerable resistance against their fury and before the State had assembled their Forces or were enabled by the power of his Majesties Arms to make any inroads into the Countreys possessed by the Rebels A circumstance which totally destroyeth all those vain pretences and fond recriminations which they have since most falsly taken up to palliate this their most abominable Rebellion or actings thereupon Besides in the first Order of the Lords Commons in Parliament of England touching this Concern for the better inducing of the Rebels to repent of their wicked Attempts they did thereby 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 Majesties gracious Pardon to all such as within a convenient time to be declared by any of the said Magistrates should return to their due obedience Which rule the Lords Justices in all Commissions either to Officers or Marshals they had also before observed that if amongst them there had been any relenting they might have experienc'd the mercy of the State And thus much may be said even for the Parliament that after the expence of much blood and treasure for suppression of the horrid Rebellion in Ireland when they had brought that Affair to such an issue as that a total Reducement and settlement of the Nation was effected whereby they came to divide the Rebels Estates They manifested that it was not the Parliaments intentions to extirpate that whole Nation but they ordered Mercy and Pardon both as to Life and Estate should be extended to all Husband-Men Labourers Artificers yea to higher rank and Quality according to the respective Demerits and Considerations under which they fell and that all should enjoy the benefit of their Articles It is indeed Enacted in the Acts of subscriptions for Ireland that every Person who shall make enter into or take any Compact Bond Covenant Oath promise or agreement to introduce or bring into the said Realm of Ireland the authority of the See of Rome
those who shall hereafter joyn with them or commit the like acts on any of our good Subjects in that Kingdom to be Rebels and Traitors against our Royal Person and Enemies to our Royal Crown of England and Ireland And we do hereby strictly Charge and Command all those Persons who have so presumed to rise in Arms against us and our Royal Authority which we cannot otherwise interpret than acts of high Rebellion and detestable Disloyalty when therein they spoil and destroy our good and loyal Subjects of the British Nation and Protestants that they immediately lay down their Arms and forbear any further acts of Hostility Wherein if they fail we do let them know that we have authorised our Justices of Ireland and other our Chief Governour or Governours and General or Lieutenant-General of our Army there and do hereby accordingly require and authorise them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Disloyalty against us their lawful and undoubted King and Soveraign have made themselves unworthy of any Mercy or Favour Wherein our said Justices or other chief Governour or Governours and General or Lieutenant-General of our said Army shall be countenanc'd and supported by us and by our powerful Succours of our good Subjects of England and Scotland that so they may reduce to obedience those wicked disturbers of that Peace which by the blessing of God that Kingdom hath so long and so happily enjoy'd under the Government of our Royal Father and us And this our Royal pleasure we do hereby require our Justices or other chief Governour or Governours of that our Kingdom of Ireland to cause to be published and proclaim'd in and throughout our said Kingdom of Ireland Given under our Signet at our Palace at Westminster the 1st of January in the 17th year of our Reign 1641. Which coming forth so late and but 40 of them onely ordered to be Printed was by the Parliament in their Declaration of the 19th of May 1642. interpreted as a countenance to that Rebellion in answer whereunto his Majesty in his reply to that Declaration shews That the Proclamation not issuing out sooner was because the Lords Justices of that Kingdom desired them no sooner and when they did the number they desired was but twenty which they advised might be Signed by us which we for the expedition of that service commanded to be Printed a Circumstance not required by them thereupon we Sign'd more of them then our Justices desired And that it might further appear how deep a sense his Majesty had of the Rebellion which called upon Him and his People of England for a general Humiliation of all Estates before Almighty God in Prayer and Fasting for drawing down his Mercy and Blessing upon Ireland His Majesty was pleased by a Proclamation dated at Whitehall the 8th of January 1641. Straightly to Charge and Command That the last Wednesday of every Month during the troubles in Ireland a Solemn Fast should be observ'd through his Kingdom of England and Dominion of Wales shewing in his own Person and the Court and example thereof which accordingly for some years was observ'd and considerable Collections were gathered at most Churches that day for the miserable People of Ireland Several but especially Sir Benjamin Rudyard excellently speaking on that Subject which being much in a little accept of in his own Words Mr. Speaker THis Day is appointed for a charitable Work a Work of Bowels and Compassion I pray God we may never have the like occasion to move to stir up our Charity These miserable People are made so because of their Religion He that will not suffer for his Religion is unworthy to be saved by it and he is unworthy to enjoy it that will not relieve those that suffer for it I did know but the last year here in England some and they no Papists who were resolv'd to make Ireland their Retreat as the safer Kingdom of the two We do now see a great a dismal Change God knows whose Turn shall be next it is wrapp'd up in his Providence that which happens to one Country may happen to any Time and Chance comes upon all though guided by a certain Hand The right way to make a Man truely sensible of another's Calamity is to think himself in the same case and condition and then to do as he would be done unto Wherefore Mr. Speaker let our Gift be a matter of Bounty not of Covetousness that it may abound to our Account in the Day of Reckoning He that sowes plentifully shall reap plentifully I am sure he that lends to the Lord hath the best Security and cannot be a loser The first President of the Fast before-mention'd which usher'd in the Charity that succeeded was before it came to be Monthly by the Lords House kept in the Abbey of Westminster where the Archbishop of York and the Lord Primate of Ireland preach'd to the Lords as in St. Margrets Westminster Mr. Calamy and Mr. Marshall to the House of Commons Though when his Majesty afterwards found by the ill use made thereof that the Lecturers in their Sermons and Prayers stir'd up and continued the War rais'd against Him in England the great Promoters too thereof deserting the Care of Ireland He the 6th of October 1643. forbad it to be kept and instead thereof expresly commanded a solemn Fast to be observ'd every second Friday of the Month through England and Wales But to return to the King's Proclamation against the Rebels which the bleeding Iphigenia and others of that lying Spirit would have to be grounded on the information of a malignant Part of the Council informing his Majesty that the Catholicks of Ireland without discrimination had enter'd into a Rebellion whereas there was never any such general Information Nay in all the Accounts they gave to his Majesty they still intimated that they hoped the Pale and other Parts would continue their Loyalty affording the Lords of the Pale as other Towns which afterwards shamefully revolted Arms Ammunition Commands informing his Majesty only of what they had discovered in the North with the suspicions that they had learnt on Examinations from others which would have been Treachery in them to have conceal'd and grand Disloyalty Nor doth his Majesty take notice in his Proclamation of any other than that divers lewd and wicked Persons had of late risen in Rebellion in his Kingdom of Ireland not so much therein as naming Papists or Catholicks that thence any of that profession should take Umbrage Nay so circumspect were the Lords Justices and Council at that time that they avoided all expressions which might any ways encourage the Irish to apprehend the English intended to make it a War of Religion However the Rebels were so far from paying obedience to his Majesty's Proclamation afore-mention'd saying it was counterfeit or done by Coertion as they acted now not as before apart but united in
of by the two Houses of Parliament in England The publication of which with the Articles and his Majesties Motives thereunto you may read in his Majesties Works from fol. 353. to 365. In confirmation of which the Lords Justices and Council issued out a Warrant to the Lord Chancellor to draw Letters of Confirmation under the Great Seal of Ireland which accordingly bore date the 26th day of Septemb. in the 19th year of his Majesties Reign And to express the necessity thereof many Persons of Quality sign'd the said 15th of Septemb. 1643. a Writing therein concluding it necessary for his Majesties Honour and Service that the Lord Marquis of Ormond should assent to a Cessation of Arms though some of these afterwards joyning with the Parliaments Forces resolved to die a thousand deaths rather than to descend to any Peace with the perfidious Rebels but stuck not at length to that Protestation altering as the Scene chang'd Whilst the Cessation was in agitation at Sigginstown the Consequences of dissolving the Parliament were not the least in consideration at the Council-board nor was there any thing more desired by the Rebels who thereby hoped to be re-seated in a new Parliament which they question'd not to manage to their own ends and advantage Wherefore that the State might still steer by the same Compass they had hitherto done they committed the Case to the Judges who unanimously agreed upon the following Reasons for its continuance May it please your Lordships ACcording to your Lordships Order of the xi of September 1643. we have considered of such inconveniencies as we conceive may arise to his Majesty and his Service as Affairs now stand if this present Parliament should be determin'd and have reduc'd the same to writing which we humbly present to your Lordships further consideration The greatest part of the Free-holders of this Kingdom are now in actual Rebellion whereby his Majesty ought to be justly entituled to all their Estates both Real and Personal this cannot be done but by their Conviction and Attainder either by course of Common Law or by Act of Parliament By course of Common Law it will be very difficult to be effected for these Reasons following First Those who are indicted in most of the Counties of this Kingdom cannot be Attainted by Outlawry by reason that the Sheriffs of those Counties by occasion of the present Rebellion cannot keep their County-Courts to Proclaim and make due Return of the Exigence Nor can they be Attainted by Verdict for want of Jurors most of all the Free-holders in the Kingdom being now in Rebellion Secondly Those that are not Indicted or those that are already Indicted and in Prison or upon Bonds cannot be proceeded against Legally at the Common Law for want of Jurors because as aforesaid most of the Freeholders are in Rebellion Therefore of necessity those Persons must either not be Attainted at all or onely by Act of Parliament which is scarce possible to be effected if this present Parliament be Dissolved or Discontinued for that upon a new Parliament to be Summon'd the Knights and Burgesses must be Elected by the Free-holders and Inhabitants respectively most whereof are in Rebellion And yet the present Parliament will be discontinued unless a Commission under the Great Seal of England to the now Lords Justices or other the Chief Governour or Governours for the time being be here before the 13th of November next being the day of Prorogation for the beginning of the next Session of Parliament to enable them to continue this present Parliament the last Commission for the continuance thereof being onely to the Lords Justices one whereof is since remov'd Unless the Parties now in Rebellion being Legally Attainted which cannot be here as is aforesaid as the case now stands but by Act of Parliament his Majesty cannot have power to dispose of their Estates as in his wisdom he shall think fit either for the increasing of his Revenues or for the Peaceable establishment of this Common-wealth and indifferent Administration of Justice therein Rich. Bolton Cancell Geo. Shurly Gerrard Lowther Ja. Donnalon Sa. Mayard The Cessation as yet not being known to his Majesty the Lords Justices and Council received a Letter from him at the Camp at Matson near Gloucester of the 4th of Septemb. passionately resenting the sufferings and complaints of the Officers who upon all occasions had a tender affection in his breast And to the end they might not be frustrated of their Arrears he commands their Debentors should be respectively sign'd that they might take an effectual course to be paid the same by the Two Houses of Parliament that engaged them And left there should be any defect in acknowledging of their Merits who had so faithfully ventur'd their lives for his Majesties Service he is yet further pleased to provide for their Encouragement and Entertainment who upon the Cessation were now free to serve him though as yet he knew not of its conclusion but by the Contents of the following Letter seem'd to expect it giving particular Orders for the management of Affairs upon that occasion C. R. RIght Trusty and Well-beloved Counsellors and right Trusty and intirely Beloved Cousin and Counsellor We greet you well Whereas not onely the great neglect of the Affairs of that Our Kingdom by the remaining part of our Houses of Parliament who pretended so great care of it but their impious preventing all Supplies destin'd to their Relief by Our Authority which did ever most readily concur to any Levy of Men Money or any other Work in order to the Assistance of Our Protestant Subjects there and employing the same in an unnatural War against Us their Liege Lord and Sovereign hath reduc'd our Army in that our Kingdom into so heavy straits that out of Our Care of the preservation of them who so faithfully ventur'd their Lives for Our Service We were brought to condescend to a Treaty for a Cessation of Arms Our Will and Pleasure is and We do hereby Charge and Command you that in case according unto the Authority given unto you by Us you have agreed upon a Cessation or as soon as you shall agree thereupon you or any two of you do immediately consider of and put in execution these Our following Commands 1. That you agree upon what number of Our Army will be necessary to be kept in Garrison there for the maintenance of the same during the time of the Cessation and what Soldiers they shall be and what Persons shall command the same and that you settle them accordingly in that Command as shall appear to your discretion to be most conducing to our Service 2. That you do consider and advise of the best means of Transporting the rest of Our Army in that Our Province of Leimster excepting such as are to be kept in Garrison in Our Kingdom of Ireland and to that end We do hereby give you or any one of you full Power and Authority to hire all
remainder of English but by a Peace We find his Majesty being deluded by the first and believing the last to be conducing to the preservation of his Majesties Protestant Subjects is concluding of a Peace which will again admit those Irish Rebels to be Members of Parliament so that that Court which should afford relief for our Grievances will by their over-swaying Votes be our greatest Grievance Moreover we are too truly informed by divers of their own Party whose names if we should publish would be as great an ingratitude as folly the first in betraying those that obliged us the last in depriving our selves of all future Intelligence by them that they have vowed never to submit to an English or Protestant Government except they have liberty to exercise their Religion in Churches That the Forces of the Kingdom may be Train'd-Bands of their Men and that likewise those of their own Religion may be admitted to Places of Trust in the Common-wealth which they call modest and moderate demands though we hope they cannot seem so to any but themselves and their Clergy who we find do not think them enough being they may not have all their Church-Livings For we have certain intelligence that they have made a strong Faction as well among my Lord of Castlehaven's Soldiers as in all other parts of the Kingdom so that they are five parts of six who will fly out into a new action when they see a convenient time to execute their design which as yet they determine to forbear until they see a Peace concluded supposing that then the Lord Lieutenant of Ireland will intermix Irish and English without distinction to oppose the Scots and that by that means there will be a sufficient number of their Party in our Garrisons to master them which when they find an opportunity for they will certainly seize into their own hands upon notice whereof the Faction abroad will with all expedition apprehend the English in all parts and having accomplished this part of their design they will manifest that they are weary of the King of England's Government and that they will trust none of his Protestant Subjects among them for we are certainly informed that they will invite a Forreign Prince to take them into his protection unto whom they will deliver possession of what he pleases and will become his Subjects And lest that Princes Treasure should be exhausted by Wars in other places the Clergy have with the Pope's assistance raised amongst those of their own Calling and divers of the Gentry in Italy one hundred thousand pounds in money and a quantity of Arms and Ammunition that are now ready to be sent hither and they have employed one Doctor Duyer to go forthwith thither for it as also to get his Holiness to settle a course for the raising of more Money to be employed for the advancement of that which they call the Catholick Cause Therefore out of a true sense of our injuries already suffered and un-redressed with a right apprehension of inevitable ruine not onely to our Lives and Estates but likewise to the English Nation and Protestant Religion we have re-assum'd our Arms according to our Duty to God our King and Countrey with inviolable resolution to die or frustrate this devillish design And since those that die acting for the Gospel are as perfect Martyrs as those that die suffering for it we cannot but with joy embrace any effect that proceeds from so glorious a Cause Neither can this act be esteemed a crime in us since his Majesty upon the Rebels first Insurrection his Treasure being exhausted gave his Royal assent for the passing of an Act of Parliament wherein he granted to all his Subjects that would adventure money towards reducing of the Rebels Lands proportionable to the sum adventured which would fall to the Crown when the Conquest should be finished And the better to secure the Adventurers his Majesty obliged himself to make no Peace with the Rebels but with the advice and approbation of the Parliament of England and by that Act communicated to the Parliament that Power which before was solely in himself So that they not condescending to this Peace our imploying of their Aids and re-assuming of those Arms put into our hands by King and Parliament joyntly cannot be esteemed contradictory to his Majesty in regard that their joynt Act is so absolutely binding that neither of them severally can annull it as is evident in the Laws of the Realm Therefore if this War were onely Offensive yet even slander it self must acknowledge us innocent having so just a Cause so pious an Intention and so lawful an Authority much more it being Defensive and the Law both of God and Nature allowing every one to defend himself from violence and wrong Moreover the King must never expect any obedience from the Irish but what proceeds either from their Interest or Fear Through the first of these neither his Majesty or we can hope for assurance for not granting them all their desires their Interest which is more powerful with them than their Loyalty will make them throw off their subjection and to become absolute not scruple to destroy us Then to expect any security by their fears were frivolous for though we have found their Hearts as ill as their Cause yet they cannot be apprehensive of 2 or 3000 ill armed and unprovided men having all things necessary and so numerous a People at their devotion And lest our Enemies should scandalize us with breach of Faith in violating the pretended Cessation or with Cruelty in expelling the Irish Papists from our Garrisons who hitherto seemed adhering to us Concerning the first we declare That although our necessities did induce us to submit supposing the Cessation would have produced other effects as is before mentioned yet we had no power without Authority from King and Parliament joyntly to treat or yield to it or if it had been in our powers yet by the Rebels daily breaches of it we are disengaged from it Concerning the second we declare That our Garrison cannot be secured whilst so powerful and perfidious Enemies are in our bosomes Powerful being four to one in number more than the English Perfidious in their constant designs to betray us some whereof we will instance to convince their own Consciences and satisfie the World of our just proceedings One Francis Matthews a Franciscan Frier being wonderfully discovered in an Enigmatical Letter and as justly executed before his death confessed that he had agreed to betray the City of Cork to the Lord of Muskery which must necessarily infer that the chiefest and greatest part of that City were engaged in this Conspiracy for otherwise he could not so much as hope the accomplishment And if this had taken effect it had consequently ruin'd all the Protestants in the Province of Munster that being our chief Magazine and greatest Garrison Besides upon this occasion other Friers being examin'd upon Oath confessed that in
to believe the People were glad to be again receiv'd into his Majesty's Protection A Protection his Majesty evidences to his Commissioners at Uxbridge That it was as inevitably necessary that they should not consent to hinder him therein as he had strong Reasons for the Cessation before unless they could shew how his Protestant Subjects in Ireland may probably at least defend themselves and that he should have no more need to defend his Conscience and Crown from the Injuries of this Rebellion At this Peace the Irish seem'd exceedingly enliven'd but the shew thereof quickly vanish'd and a cloud of Jealousie began again to cover the Land The Pope's Nuncio and the titular Bishops who depended on him envi'd that Nation the happiness and glory they foresaw it would be possess'd of by the execution of that Agreement and so without any colour of Authority either by the old establish'd Laws of that Kingdom or those Rules they had prescrib'd to themselves since the Rebellion they conven'd a Congregation of the Clergy at Waterford a Town most at their devotion where the Titular Bishop of Ferns was in the Chair and refided And therefore it will not be amiss to take a short view of their proceedings that the unhappy oppressed and miserable Ireland may clearly discern to whom it owes those Pressures and Grievances it is now overwhelm'd with and whether that Bishop be to be reckon'd in the number of those who suffer at present for his Zeal to Religion his Allegiance to the King and his Affection to his Countrey or whether his name be to be inserted in that Catalogue which must derive to Posterity the Authors and Fomentors of so odious and causless a Rebellion in which such a Sea of Blood hath been let out and the Betrayers of the Honour and Faith of that Countrey and Nation and who are no less guilty of extirpation of a Religion they so much glory of in that Kingdom than Ireton or Cromwel or that impious Power under which they have perpetrated all their Acts of Blood Cruelty and Desolation At that time the Parliament of England having accommodated the Spaniard with 2000 Men he in lieu thereof so temper'd the Irish ever devoted to that Nation that the Spaniard having then an Agent in Ireland he took them off from doing any thing effectual in our King's business And the Congregation of the Clergy was no sooner assembled then instead of prescribing Acts of Charity and Repentance to the People for the ill they had formerly done and then inflaming their hearts with new Zeal and infusing pious Courage into them to relieve and succour the King from those who oppressed him according to their particular Obligation by their late Agreement which had been the proper Office of Prelates and a Christian Clergy they began to inveigh against the Peace which themselves had so lately approv'd and so formally consented unto as if it had not carefully enough provided for the advancement of Religion and would not suffer it to be proclaim'd in Waterford and sent their Emissaries and their Orders to all considerable Towns and Cities to incense the People against it and against those who wished it should take effect insomuch that when the King at Arms was Proclaiming the Peace at Limerick with that solemnity and Ceremony as in such cases is used throughout the World with his Coat of Arms the Ensign of his Office and accompani'd with the Mayor and Aldermen and the most substantial of the Citizens in their Robes and with all the Ensigns of Magistracy and Authority one Molife a seditious Frier stirr'd up the multitude against him which being led on by one Fanning a person notorious for many outrages and acts of Blood and Inhumanity in the beginning of the Rebellion violently assaulted them and after many opprobrious speeches in contempt of the Peace and the Authority of the King and tearing off the Coat from the Herald beat and wounded him and many of the Magistrates of the City and some of them almost to death And least all this might be excused and charitably interpreted to be the effect of a Popular and Tumultuous Insurrection the Lawful Mayor and other principal Officers who assisted him in the discharge of his Duty were immediately displac'd and Fanning the impious Conductor of that Rabble was made Mayor in his place who by Letters from the Nuncio was thanked for what he had done and encouraged to proceed in the same way and had the Apostolical Benediction bestowed on him for committing such an outrage upon the Priviledged Person of an Herald who in the name of the King came to proclaim Peace As by the Law of Nations must have been adjudged barbarous and unpardonable in any part of the World where Civility is planted if he had come to have denounced War And yet all this while the design it self was carried with so great secresie that the Lord Lieutenant proceeding in his Progress for the setling and composing the humours of the People which he understood to have been in some disorder by the infusions of the ill-affected Clergy never heard of any Force of Arms to second and support those mutinous disorders till being near to the City of Cashell he was advertis'd by Letters from the Mayor that Neal's Army was marching that way and had sent terrible threats to that City if it presum'd to receive the Lord Lieutenant And shortly after he found that Owen O Neal used all possible expedition to get between him and Dublin that so he might have been able to have surprised and destroyed him whereupon the Marquis found it necessary to lose no time in returning thither yet resolved not onely to contain himself from any Acts of Hostility but even from those Trespasses which are hardly avoidable upon Marches and paid so precisely for whatsoever was taken from the Inhabitants throughout all the Catholick Quarters presuming that those Persons of Honour who had transacted the Treaty would have been able to have caused the Peace to be observed in despight of those clamorous undertakers But when the Unchristian Congregation of Waterford had made this Essay of their Power and Jurisdiction they made all possible hast to propagate their Authority and declared the Peace to be void and inhibited all Persons to submit thereunto or to pay any Taxes Imposition or Contribution which had been setled by the said Agreement and without which neither a standing Army which was to be applied to the Reduction of those Towns and Provinces which had put themselves under the Protection of the Parliament of England and never submitted to the former Cessation nor could be comprehended in the Peace could be supported or the 10000 Men rais'd to be transported into England for the succour of the King as had been so Religiously undertaken which inclination of theirs the People so readily obeyed and submitted unto That they committed and delegated the intire and absolute Power of Governing
Cluanensis Nicholaus Fernensis Edmundus Limericensis Procurarator Episcopi Ossoriensis Franciscus Aladensis Andraeus Finiborensis Joan. Laonensis Fr. Oliverus Dromorensis Fr. Antonius Clonmacnosensis Fr. Hugo Duacensis Fr. Arthur Dunensis Connerensis Fr. Terentius Imolacensis Fr. Patr. Ardagh Oliverius Deis Procurator Episco Medensis Dr. Joa Hussey Procurator Episco Ardfertensis Fr. Joannes Cantwel Abbas S. Crucis Dr. Thadeus Clery Episcop Rapo Procurator Fr. Gregorius o Ferraile Provin Ordinis Praedicatorum Provin Hiber Fr. Thomas Mackeyernane Provin Fratrum Minorum Provin Hiber Walterus Clonfortensis Congregationis Secretar By the Ecclesiastical Congregation of the Kingdom of Ireland WE the Archbishops Bishops and other Ordinaries and Prelates of the Kingdom of Ireland having met at Clonmacnose propria Motu the fourth day of December in the year of our Lord God 1649. to consider of the best means to unite our Flocks for averting Gods wrath fallen on this Nation now bleeding under the evils that Famine Plague and War bring after them for effecting a present Union Decreed the ensuing Acts. 1. We Order and Decree as an Act of this Congregation That all Archbishops Bishops and other Ordinaries within their respective Diocesses shall enjoyn Publick Prayers Fasting General-Confession and Receiving and other works of Piety toties quoties to withdraw from this Nation Gods Anger and to render them capable of his Mercies 2. We Order and Decree as an Act of this Congregation That a Declaration issue from us letting the People know how vain it is for them to expect from the Common Enemy commanded by Cromwel by Authority from the Rebels of England any assurance of their Religion Lives or Fortunes 3. We Order and Decree as an Act of this Congregation That all Pastors and Preachers be enjoyned to Preach amity And for inducing the People thereunto to declare unto them the absolute necessity that is for the same and as the chief means to preserve the Nation against the extirpation and destruction of their Religion and Fortunes resolved on by the Enemy And we hereby do manifest our detestation against all such Divisions between either Provinces or Families or between old English and old Irish or any the English or Scots adhering to his Majesty And we Decree and Order that all Ecclesiastical Persons fomenting such Dissentions or un-natural Divisions be punished by their respective Prelates and Superiors Juxta gravitatem excessus si opus fuerit suspendantur beneficiali Pastores à beneficio officio ad certum tempus Religiosi autem à Divinis juxto circumstantias delicti Leaving the Laity offending in this kind to be corrected by the Civil Magistrate by Imprisonment Fine Banishment or otherwise as to them shall seem best for plucking by the root so odious a Crime The Execution whereof we most earnestly recommend to all those having Power and that are concerned therein as they will answer to God for the evils that thereout may ensue 4. We Decree and Declare Excommunicated those High-way Robbers commonly called the Idle-Boys that take away the Goods of honest men or force me to pay them Contribution and we likewise declare Excommunicated all such as succour or harbour them or bestow or sell them any Victualing or buy Cattle or any other thing else from them wittingly Likewise all Ecclesiastical Persons Ministring Sacraments to such Robbers or Idle-Boys or burying them in Holy Grave to be suspended ab officio beneficio si quod habent by their respective Superiors juxta gravitatem delicti This our Decree is to oblige within fifteen days after the Publication thereof in the respective Diocesses Signed by Hugo Ardmachanus Fr. Thomas Dublin Thomas Casshel Joan. Archiep. Tuam Fr. Boetius Elphyn Fr. Edmundus Laghlinensis Procurator Waterfordiensis Emerus Clogher Robertus Corcagiensis Cluanensis Nicholaus Fernensis Edmundus Limericensis Procurator Episcopi Ossoriensis Franciscus Aladensis Andreas Finiborensis Joan. Laonensis Fr. Oliverus Dromorensis Fr. Antonius Clonmacnosensis Fr. Hugo Duacensis Fr. Arthurus Dunensis Connerensis Fr. Terentius Imolacensis Fr. Patric Ardagh Oliverius Deis Procurator Episco Medensis Dr. Joannes Hussey Procurator Episcop Ardfertensis Fr. Joannes Cantwel Abbas S. Crucis Dr. Thadeus Clery Episcop Rapo Procurator Walterus Clonfortensis Congregationis Secretar By the Ecclesiastical Congregation of the Kingdom of Ireland WE the Archbishops Bishops and other Ordinaries and Prelates of this Kingdom of Ireland having met at Clonmacnose propria Motu on the fourth day of December in the year of our Lord God 1649. taking into our consideration among other the Affairs then agitated and determinated for the preservation of the Kingdom that many of our Flock are mislead by a vain opinion of Hopes that the Commander in Chief of the Rebels Forces commonly called the Parliamentaries would afford them good Conditions and that relying thereon they suffer utter destruction of Religion Lives and Fortunes if not prevented To undeceive them in that their ungrounded expectation We do hereby Declare as a most certain Truth that the Enemies Resolution is to extirpate the Catholick Religion out of all his Majesties Dominions as by their several Covenants doth appear and the Practice where-ever their Power doth extend as is manifested by Cromwel's Letter of the 19th of Octob. 1649. to the then Governor of Ross. His words are For that which you mention concerning Liberty of Religion I meddle not with any man's Conscience but if by Liberty of Conscience you mean a Liberty to exercise the Mass I judge it best to use plain dealing and to let you know where the Parliament of England have Power that will not be allowed of This Tyrannical Resolution they have put in execution in Wexford Drogheda Ross and elsewhere And it is notoriously known that by Acts of Parliament called The Acts of Subscription the Estates of the Inhabitants of this Kingdom are sold so as there remaineth now â—o more but to put the Purchasers in possession by the power of Forces drawn out of England And for the common sort of People towards whom if they shew any more moderate usage at the present it is to no other end but for their private advantage and for the better support of their Army intending at the close of their Conquest if they can effect the same as God forbid to root out the Commons also and plant this Land with Colonies to be brought hither out of England as witness the number they have already sent hence for the Tobacco Island and put Enemies in their places And in effect this banishment or other destructions of the common People must follow the Resolution of extirpating the Catholick Religion which is not to be effected without the Massacring or Banishment of the Catholick Inhabitants We cannot therefore in our Duty to God and in discharge of the Care we are obliged to have for the preservation of our Flocks but admonish them not to delude and lose themselves with the vain expectation of Conditions to be had from that merciless Enemy And consequently we
the Rebellion all found guilty thereof were excepted from Pardon their Estates confiscated and the others who had only assisted in the War were to forfeit two parts of their Estates and be banished And accordingly great numbers of them were transported into Spain the latter end of this Summer Yet the Marquess of Clanrickard did not leave the Kingdom in many months after the Surrender of Galway but endeavour'd by all means possible to draw the scattered Forces together that he might prosecute the War afresh according to his Majesty's Letters in the years 1650 and 1651. encouraging him to his continuance in Arms as advantagious by way of Diversion to his then intended progress of promoting his Design in Scotland and coming into England And to that end the 16th of May the Marquess of Clanrickard with the Connaght Forces marched to Ballishannon which he took by storm and presently after Dungal-Castle where the Ulster Forces under Sir Phelim O Neal the Relie's and Mahon's joyned with him but upon intelligence that Sir Charles Coot and Colonel Venables were marched against him he retired to Armagh intending for Raphoe Whilst Sir Charles Coot in his pursuit of him retook Ballishanon and Dungal-Castle gaining also Sligo Ballymote and many other Garrisons so as the Marquess was forced to shelter himself in the Isle of Carrick And having receiv'd his Majesty's Command to take care of his own security that he fell not into the Enemy's hands he having no Port to friend where he might choose a Vessel and being so betrayed by the Irish as not securely to stay 24 hours in a Place was compelled to have a Pass from the Parliaments Forces not excepting any other Conditions for himself than that he might for some time remain secure in their Quarters without taking the Oath usually imposed by them and have liberty to transport himself and 3000 Irish more into any Prince's Countrey and Service then in Amity with England which was granted and in March 1652. he was transported into England in a Vessel belonging to the Parliament after he had born the Title of the King's Deputy in Ireland little more than two years not with greater submission from the Catholick Irish than had before been paid to the Lord Lieutenant and so retired to London where not long after he died and was thence carried to Summerhill a pleasant Seat of his own which Bradshaw had in Custodium near Tunbridge in Kent and was buried in the Parish-Church He was a Person much respected for his Integrity and though of a contrary opinion to those then in Usurpation looked on as a Favourer of the English and one that no ways indulged the Cruelties and Pretensions of the Irish. This was the Fate of that unhappy Nation both under Protestant and Roman Catholick Governours neither having had the credit to be Masters of the Irish Temper fomented by the Insolencies of the Priests and whatever might instigate them against the English Government Soon after the Marquess of Clanrickard's Departure the lesser Concerns of that Nation were with little trouble and charge brought in obedience to the Parliament who declared the 26th of September 1653. That the Rebels were subdued and the Rebellion appeased and ended and thereupon proceeded to the Distribution of their Lands in pursuance of the Act for Subscriptions 17 Carol. 1. Some time before which a High Court of Justice was setled in Ireland a Name we have reason not to mention without horrour and astonishment considering who was summoned to such a Tribunal which certainly would never have been how vain how ambitious how prodigious soever some mens Success was a Strumpet often leading one to Attempts above their first thoughts had not the Rebels of Ireland for carrying on their pernicious Practices avouched the sacred Authority for their pretence and colour that though these with Pilate washed their hands from the Blood of this Righteous One yet they have as the shame so the guilt of that Royal Blood on themselves who originally gave the occasion of such a Discourse which afterwards was made one of the pretended Causes for the most barbarous and inhumane Act ever perpretated Inter tragicoe Fortunoe Exempla omnibus retro seculis memorandus Upon which eloquent Du Moulin one of the clearest Lights of the French Church honouring me with a Letter on that Subject thus passionately discovers his Resentment La Morte de vostre bon Roy d'une facon si indigne si horrible par les Maims des Independans M'outre le Coeur de Douleur C'est une action sans Example un opprobre ineffacable a nostre Religion vostre Nation tant Genereuse a elle perdu tout Courage Les Escossoes se taisent ils la dessue Mais quoy Il faut Mettre le doigt sur la bouche adorer les Conseils de Dieu qui sont Inscrutables It is observable let some foam as they please that there were none who so much as pretended to have a Reverence for the Church of England that ever had the least hand in this foul and ugly Business An instance of that is in what the Lord Chancellor Hide acquainted the Parliament with in express words from his Majesty when he was imployed in an Embassy to Spain That the Horrid Murther of his Royal Father was not the Act of the Parliament or People of England but of a very wretched and little Company of Miscreants in the Kingdom fol. 41. Upon which Monsieur Moses Amiraldus the Excellent French Divine hearing of the Protestant Religion aspersed as seditious and treasonable writ a Piece in French in vindication of the Protestant Religion and dedicated it to our King Charles the 2d in the time of his Exile when Militiere and others would have inforced the barbarous Martyrdom of his Royal Father as a just Motive to his apostatizing and not trusting his safety to the Protestant Religion whereas all these blustering Storms as the Bishop of Derry observes in his excellent Tract against Militiere radicated him deeper in his Religion that what these intended for his evil proved his good And certainly whatsoever conspired to compleat so execrable a Design as the Murther of the King nothing contributed more than the Irish deluding his Sacred Majesty so long with their Promises of a competent Army whereby he relying on them too confidently assured of their Ability and Power to perform it deferred those Agreements which else he might have seasonably composed at home And could there ever be an equaller Distribution of God's Vengeance than that they by a parallel Court should suffer the loss of their Estates Lives and Fortunes Which though un-usual was the only Expedient sufficiently set forth in the ensuing Speech of the Lord Lowther's a Person of that Gravity and Worth as whatsoever may be said by others can never reach the State of the Question more fully with less animosity and greater truth than he hath done at the Trial of Sir Phelim O Neal in February
childless among women And Samuel hewed Agag in pieces before the Lord in Gilgal The next case is that of David David writes to Joab by Uriah to set Uriah in the fore-front of the hottest of the Battel and to retire from him that he may be smitten and die Joab did so and so Uriah was slain The Lord by Nathan the Prophet tells David That he had killed Uriah with the sword of the children of Ammon and therefore the Sword shall never depart from his house The case of Joab is remarkable Joab was a kinsman to David and he was Captain of his Hoast he did many great Services and grew old in his Service yet for all this David charges Solomon that he should not let his hoary head go down to the grave in peace because he had shed the blood of war in peace in killing of Abner and Amasa And though Joab flies to the Tabernacle and took hold of the horns of the Altar yet Solomon commands him there to be slain to take way the innocent blood which Joab had shed in killing Abner the son of Ner Captain of the hoast of Israel and Amasa the son of Jether Captain of the hoast of Judah I will onely add Ahab's case Ahab covets Naboth's Vineyard his Wife Jezebel undertakes the business Ahab leaves the matter to her management she writes Letters in Ahab's name feals them with his Seal and so carries the business that Naboth is stoned to death and Ahab takes possession of the Vineyard The Lord sends Elijah the Prophet unto Ahab saying Thus saith the Lord Hast thou killed and also taken possession c. In the place where dogs licked the blood of Naboth shall dogs lick thy blood even thine And of Jezebel also saith the Lord The dogs shall eat Jezebel by the walls of Jezreel I have remembred these Cases and Presidents because they may be useful to us in this service That of Agag and Joab to admonish us not to spare Murderers That of Ahab and David to instruct us that the Authors the Contrivers the Counsellors and the Abettors are guilty of the Murther as well as the Actors be their Plots and Devices never so subtilly and secretly carried I come next to the Law under the Gospel Those Laws against Murther are confirmed by our Saviour in the Gospel Matth. 26. 52. Revel 13. 10. He that killeth with the sword must be killed with the sword Verily I say unto you Till Heaven and Earth pass away one jot or tittle shall in no wise pass from the Law till all be fulfilled And in Verse 21. approves the Law against Murther and also reproves the narrow and literal Gloss and Exposition of the Pharisees upon it and gives us a larger and more spiritual sense of it viz. that whosoever is angry with his brother without cause is in danger of judgment The Law of England Murther by the Law of England is a Felony of death without benefit of the Clergy or Sanctuary and by the Law it is esteemed so high and grievous a Crime that it is prohibited by many Acts of Parliament to grant any Pardon for Wilful Murder This Law of England answers to that of Deuteronomy Thine eye shall not pity but life shall go for life The Laws of Ireland By the Laws of Ireland Wilful Murther is High Treason which is of a Temporal offence esteemed in Law to be the highest Crime and hath been censur'd with the severest Judgment and Punishment viz. for a man to be drawn upon a Hurdle to the Place of Execution and there to be hanged by the neck to be cut down alive his Intrals and Privy Members to be cut forth of his Body and burnt within his sight his Head to be cut off and his Body to be divided into four Quarters or Parts c. For a man to be drawn upon a Hurdle to the Place of Execution and there his Bowels to be burned It is considerable why and upon what grounds or reasons Murther was made a more horrid and execrable Crime in Ireland than in England and punished with a greater severity viz. both with Torture and with Death the Statute Decimo Hen. 7. in Ireland which enacts it to be so gave the reason of the difference Praying the Commons saith the Law Forasmuch as there have been unusual Murthers of malice prepense used and had in this Land of Ireland c. contrary to the Law of Almighty God without any fear of due punishment in that behalf Therefore the Statute doth enact Wilful Murder to be High Treason That sin was grown universal in Ireland and therefore the punishment must be extraordinary the universality of the crime causeth the increasing of the punishment or the severity thereof Ut metus ad omnes poena ad paucos perveniet But it will admit another Quoere How it came to pass that Malice and Murther was universal in Ireland more than in England I conceive these two Reasons may be given for it as new 1. We have been these many years weltring in blood by the frequent Rebellions in Ireland that have silenced the Laws 2. Their was a main defect in their Irish Laws and Customs viz. their Brehowne Law which the Irish continued amongst themselves and the degenerate English embraced it notwithstanding the introduction of the just and honourable Laws of England Now by their Irish Custome or Brehowne Law Murther was not punished with death but onely by Fines or a pecuniary Mulct which they called an Errick Therefore when Sir William Fitz-Williams being Deputy told Mac-guire That he was to send a Sheriff into Fermanagh being lately before made a County The Sheriff said Mac-Guire shall be welcome but let me know his Errick the price of his Head aforehand that if my People cut it off I may put the Errick upon the County Now for the reformation of these grievous abuses in the Land in the 10th year of King Hen. 7. in the Government of Sir Edward Poinings Knight then Deputy of Ireland there were three good and profitable Statutes made which were called Poinings Acts viz. the Statute of 10 H. 7. cap. 8. for the reviving confirming and putting in execution of the Statute of Kilkenny held before Lionel Duke of Clarence by which Statute at Kilkenny the Brehowne Law was abolished and decreed to be no Law but a lewd Custom The Statute of 10 H. 7. cap. oct by which it was Enacted That if any person took any money or other amends for the death of his Kinsman or Friend then the Law would permit meaning the Law of England the same shall be Felony by this Law the Errick was taken away The Statute of 10 H. 7. cap. vicessimo primo by which Murther is made High Treason in the Actor Provoker and Procurer of it So that by these three Statutes their Brehowne Law and lewd Custom was abolished their Errick taken away and Murther declared to be High Treason And thus
Cahel mac Bryne Farrall APPENDIX VI. Fol. 65. By the Lords Justices and Councel W. Parsons Jo. Borlasse IT is well known to all men but more particularly to his Majesties Subjects of this Kingdom who have all gathered plentiful and comfortable fruits of his Majesties blessed Government how abundantly careful his Majesty hath been in the whole course of his Government of the peace and safety of this his Kingdom and how graciously he hath laboured to derive to all his Subjects therein all those benefits and comforts which from a most gracious King could be conferred on his Subjects to make them a happy people whereof he hath given many great testimonies And as at all times he endeavoured to give them due contentment and satisfaction so even then whilst the Rebels now in Arms were conspiring mischief against Him and his Crown and Kingdom he was then exercising Acts of Grace and benignity towards them granting to his Subjects here the fulness of their own desires in all things so far as with Honour or Justice he possibly could and particularly when the Committees of both Houses of Parliament here this last Summer attended his Majesty in England at which time amongst many other things graciously assented to by Him he was content even with apparent loss and disadvantage to himself to depart with sundry his Rights of very great value which lawfully and justly he might have retained And as his continual goodness to his people and his Princely care of their prosperity and preservation shall to the unspeakable joy and comfort of all his good Subjects render him glorious to all Posterity so the wicked ingratitude and treacherous disloyaltie of those Rebels shall render them infamous to all Ages and utterly inexcusable even in the judgment of those who for any respect either formerly wished well to their persons or now pity them in their transgressions And although the said persons now in Rebellion were in no degree provoked by any just cause of publique grief received from his Majesty or his Ministers to undertake such desperate wickedness neither can justly assign any severity or rigour in the execution of those Laws which are in force in this Kingdom against Papists nor indeed any cause at all other then the unnatural hatred which those persons in Rebellion do bear the Brittish and Protestants whom they desire and publickly profess to root out from amongst them The more strange in that very many of themselves are descended of English whence is the original and foundation of all their Estates and those great benefits which they have hitherto enjoyed and whence their Predecessors and others then well affected in this Kingdom have been at all times since the Conquest cherished relieved countenanced and supported against the ancient Enemies of the Kings people of England many of the Irish also having received their Estates and livelyhood from the unexampled bounty and goodness of the Kings of England Yet such is their inbred ingratitude and disloyaltie as they conspired to massacre Us the Lords Justices and Councel and all the Brittish and Protestants universally throughout this Kingdom and to seize into their hands not only his Majesties Castle of Dublin the principal Fort in this Kingdom but also all other the fortifications thereof though by the infinite goodness and mercy of God those wicked and devillish Conspiracies were brought to light and some of the Principal Conspirators imprisoned in his Majesties Castle of Dublin by Us by his Majesties Authority so as those wicked and damnable plots are disappointed in the chief parts thereof His Majesties said Castle of Dublin and City of Dublin being preserved and put into such a condition of strength as if any of them or their Adherents shall presume to make any attempt thereupon they shall God willing receive that correction shame confusion and destruction which is due to their treacherous and detestable disloyaltie And in pursuit of their bloody intentions they assembled themselves in Arms in hostile manner with Banners displayed surprised divers of his Majesties Forts and Garrisons possessed themselves thereof robbed and spoiled many thousands of his Majesties good Subjects Brittish and Protestants of all their Goods dispossessed them of their Houses and Lands murthered many of them upon the place stripped naked many others of them and so exposed them to nakedness cold and famine as they thereof died imprisoned many others some of them persons of eminent quality laid Siege to divers of his Majesties Forts and Towns yet in his Majesties hands and committed many other barbarous cruelties and execrable inhumanities upon the Persons and Estates of the Brittish and Protestant Subjects of the Kingdom without regard of quality age or sex And to cover their wickedness in those cruel Acts so to deceive the World and to make way if they could to the effecting of their mischievous ends they add yet to their wickedness a further degree of impiety pretending outwardly that what they do is for the maintenance and advancement of the King's Prerogative whereas it appears manifestly that their aims and purposes inwardly are if it were possible for them so to do to wrest from him his Royal Crown and Scepter and his just Soveraignty over this Kingdom and Nation and to deprive him and his lawful Ministers of all Authority and Power here and to place it on such persons as they think fit which can no way stand with his Majesties just Prerogative nor can any equal-minded man be seduced to believe that they can wish well to his Royal Person or any thing that is his who in their actions have expressed such unheard-of hatred malice and scorn of the Brittish Nation as they have done And such is their madness as they consider not that his Sacred Majesty disdains to have his Name or Power so boldly traduced by such wicked malefactors Rebels having never in any Age been esteemed fit supporters of the King's Prerogative much less these who under countenance thereof labour to deface and shake off his Government and extirp his most loyal and faithful Subjects of his other Kingdoms and here whose preservation above all earthly things is and always hath been his Majesties principal study and endeavour which even these Traytors themselves have abundantly found with comfort if they could have been sensible of it And whereas divers Lords and Gentlemen of the English Pale preferred petition unto Us in the behalf of themselves and the rest of the Pale and other the old English of this Kingdom shewing that whereas a late conspiracy of Treason was discovered of ill-affected persons of the old Irish and that thereupon Proclamation was published by Us wherein among other things it was declared that the said Conspiracy was perpetrated by Irish Papists without distinction of any and they doubting that by those general words of Irish Papists they might seem to be involved though they declared themselves confident that we did not intend to include them therein in regard they alleadged they were
Protestant Religion and all the Brittish Professors thereof out of this Your Majesties Kingdom And to the end it may the better in some measure appear Your Suppliants have made choice of Captain William Ridgeway Sir Francis Hamilton Knight and Baronet Captain Michael Jones and Mr. Fenton Parsons whom they have employed and authorized as their Agents to manifest the truth thereof in such Particulars as for the present they are furnish'd withal referring the more ample manifestation thereof to the said Captain William Ridgeway Sir Francis Hamilton Captain Jones and Fenton Parsons or any three or more of them and such other Agents as shall with all convenient speed be sent as occasion shall require to attend Your Majesty from Your Protestant Subjects of the several Provinces of this Your Kingdom VVe therefore Your Majesties most humble loyal and obedient Protestant-Subjects casting down our selves at Your Royal feet and flying to You for succour and redress in these our great Calamities as our most gracious Soveraign Lord and King and next and immediately under Almighty God our Protector and Defence most humbly beseeching Your Sacred Majesty to admit into Your Royal Presence from time to time our said Agents and in Your great VVisdom to take into Your Princely Care and Consideration the distressed Estate and humble desires of Your said Subjects so that to the Glory of God Your Majesties Honour and the happiness of Your good Subjects the Protestant Religion may be restored throughout the whole Kingdom to its lustre that the losses of Your Protestant Subjects may be repaired in such manner and measure as Your Majesty in Your Princely VVisdom shall think fit and that this Your Kingdom may be setled as that Your said Protestant Subjects may hereafter live therein under the happy Government of Your Majesty and Your Royal Posterity with comfort and security whereby Your Majesty will render Your self through the whole VVorld a most just and Glorious Defender of the Protestant Religion and draw down a Blessing on all other Your Royal Undertakings for which Your Petitioners will ever pray c. Subscribed by the Earl of Kildare Lord Viscount Montgomery Lord Blany and many others To which they received this Answer by His Majesties Command At Our Court at Oxford the 25th of April 1644. His Majesty being very sensible of the Petitioners Losses and sufferings is ready to hear and relieve them as the Exigencie of his Affairs will permit and wisheth the Petitioners to propose what they think fit in particular for his Majesties Information and the Petitioners Remedy and future Security Edw. Nicholas Upon the reading of the Petition His Majesty was pleased to say That He knew the Contents of the Petition to be Truth APPENDIX XII Fol. 142. The Propositions of the Roman Catholicks of Ireland humbly presented to His Sacred Majesty in pursuance of their Remonstrance of Grievances and to be annexed to the said Remonstrance together with the humble Answer of the Agents for the Protestants of Ireland to the said Propositions made in pursuance of Your Majesties directions of the 9th of May 1644. requiring the same 1. Pro. THAT all Acts made against the Professors of the Roman Catholick faith whereby any restraint penalty Mulct or incapacity may be laid upon any Roman Catholicks within the Kingdom of Ireland may be repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion Answ. To the first we say that this hath been the pretence of almost all those who have entred into Rebellion in the Kingdom of Ireland at any time since the Reformation of Religion there which was setled by Acts of Parliament above eighty years since and hath wrought good effects ever since for the peace and welfare both of the Church and Kingdom there and of the Church and Kingdom of England and Protestant party throughout all Christendom and so hath been found wholesom and necessary by long experience and the repealing of those Laws will set up Popery again both in Jurisdiction profession and practice as that was before the said Reformation and introduce among other inconveniencies the Supremacy of Rome and take away or much endanger Your Majesties Supream and just Authority in Causes Ecclesiastical Administration of honour and power not to be endured the said Acts extending as well to seditious Sectaries as to Popish Recusants so as by the repeal thereof any man may seem to be left to chuse his own Religion in that Kingdom which must needs beget great confusion and the abounding of the Roman Clergy hath been one of the greatest occasions of this late Rebellion besides it is humbly desired that Your Majesty will be pleased to take into Your gracious consideration a Clause in the Act of Parliament passed by Your Majesties Royal Assent in England in the 17th year of Your Raign touching punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Pro. That Your Majesty will be pleased to call a free Parliament in the said Kingdom to be held and continued as in the said Remonstrance is expressed and the Statute of the 10th year of King Hen. 7. called Poyning's Acts explaining or enlarging the same be suspended during that Parliament for the speedy settlement of the present Affairs and the repeal thereof be there further considered of Answ. VVhereas their desire to have a free Parliament called reflecteth by secret and cunning implication upon Your Majesties present Parliament in Ireland as if it were not a free Parliament we humbly beseech Your Majesty to present how dangerous it is to make such insinuation or intimation to your people of that Kingdom touching that Parliament wherein several Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of high nature as we humbly conceive is not properly to be dismissed but in Parliament and Your Majesties said Parliament now sitting is a free Parliament in Law holden before a person of honour and fortune in the Kingdom composed of good loyal and well-affected Subjects to Your Majesty who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the True Protestant Religion and for Your Majesties service and the good of the Church and State that if this present Parliament should be dissolved it would be a great terrour and discontent to all Your Majesties Protestant Subjects of the Kingdom and may be also a means to force many of Your Majesties Subjects to quit that Kingdom or peradventure to adhere to some other party there in opposition of the Romish Irish Confederates rather than to be liable to their power which effects may prove of most dangerous consequence and we humbly offer to Your Majesties consideration Your own gracious Expression mentioned in the grounds and motives inducing Your Majesty to agree to a
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 settled for that if that standeth with your Majesties good pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Pro. That no Lord not estated in the Kingdom or estated and not resident shall have Vote in the said Parliament by Proxie 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 then 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 loose 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 settled 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. Pro. 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. Pro. 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 extrajudiciously 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 aways excercised Jursdiction in some cases ever since the English Government was setled in that Kingdom and is of long continuance in cases of some Nature as the beginning thereof appeareth not which seemeth to be by prescription and hath always been armed with Power to examin upon Oath as a Court of Justice or in the nature of a Court of Justice in cases of some natures and may be very necessary still in many cases especially for the present till your Majesties Laws may more generally be received in that Kingdom and we conceive that Board is so well limited by printed Instructions in your Majesties Royal Fathers time and by your Majesties Graces in the seventeenth year of your Reign that it needeth for this present little or no regulating at all howbeit they humbly referr that to your Majesties great wisdom and goodness to do therein as to Law and Justice shall appertain 13. Pro. That the Statutes of the 11th 12th and 13th years of Queen Elizabeth concerning the Staple Commodities be repealed referving to his Majesty lawful and just Poundage and a Book of Rates be setled by an indifferent Committy of both Houses for all Comodities Answ. The matter of this Proposition is settled in a fitting and good way by your Majesty already as we conceive amongst the Graces granted by your Majesty to your people of Ireland in the Seventeenth year of your Majesties Reign to which we humbly referr our selves 14. Pro. That insomuch as the long continuance of the chief Governour or Governours of that Kingdom in that place of so great eminency and power hath been a principall occasion that much Tyranny and Oppression hath been used and exercised upon the Subjects of that Kingdom that your Majesty will be pleased to continue such Governours hereafter but for three years and that none once employed therein be appointed for the same again until the expiration of six years next after the end of the first three years and that an Act pass to disanul such Governour or Governours during their Government directly or indirectly in Use Trust or otherwise to make any manner of Purchase or acquisition of any Mannors Lands Tenements or Hereditaments within that Kingdom other then from your Majesties own Heirs and Successors Answ. We humbly conceive that this Proposition tendeth to lay a false and scandalous aspersion on your Majesties gracious Government over Ireland and that it toucheth very high upon your Wisdom Justice and Power and under colour of supposed Corruptions pretended to be in the greatest Officer that Commandeth under your Majesty there if he continue so long in his Government as may well enable him to find out and discover the true State of the Kingdom and the dangerous disposition and designs of the Popish party there to prevent him therein and to turne him out from doing Service before or as soon as he is throughly informed and experienced how to do the same and then to hold him excluded so long
Answers they had Humbly offered pretending not to be Judges but submissive Petitioners for what was committed to their Charge APPENDIX XIII Fol. 144. The Humble Propositions of your Majesties Protestant Agents of Ireland in pursuance of the humble Petition of your Majesties Protestant Subjects as well Commanders of your Majesties Army there as others presented to your Majesty the 18th day of April 1644. and answered by your Majesty the 25 of the same 1. WE most humbly desire the Establishment of the true Protestant Religion in Ireland according to the Laws and Statutes in the said Kingdom now in force 2. That the Popish Titular Arch-Bishops Bishops Jesuits Friers and Priests and all others of the Roman Clergy be banished out of Ireland because they have been the stirrers up of all Rebellion and while they continue there there can be no hope of safety for your Majesties Protestant Subjects And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants may continue of force and be put in due Execution 3. That Restitution may be made of all our Churches and Church Rights and Revenues and all our Churches and Chappels re-edified and put in as good Estate as they were at the breaking out of the Rebellion and as they ought to be at the Charge of the Confederate Roman Catholicks as they call themselves who have been the occasion of the Destruction of the said Churches and possessed themselves of the Profits and Revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdom and that all Persons duly indicted in the said Kingdom of Treason Felonie or other heinous Crimes may be duly and legally proceeded against outlaw'd tried and adjudged according to Law And that all Persons lawfully convicted and attainted or to be convicted and attainted for the same may receive due punishment accordingly 5. That no Man may take upon him or execute the Office of a Major or Magistrate in any Corporation or the Office of a Sheriff or Justice of Peace in any City or County in the said Kingdom until he have first taken the Oaths of Supremacy and Allegiance 6. That all Popish Lawyers who refuse to take the Oath of Supremacy and Allegiance may be suppress'd and restrain'd from practice in that Kingdom the rather because the Lawyers in England do not here practice until they take the Oath of Supremacy And it hath been found by woful Experience that the Advice of Popish Lawyers to the people of Ireland hath been a great cause of their continued Disobedience 7. That there may be a present absolute Suppression and Dissolution of all the assumed Arbitrary and Tyrannical Power which the said Confederates exercise over Your Majesties Subjects both in Causes Ecclesiastical and Temporal 8. That all the Arms and Ammunition of the said Confederates be speedily brought into Your Majesties Stores 9. That Your Majesties Protestant Subjects ruin'd and destroy'd by the said Confederates may be repair'd for their great losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise dispos'd of whereby they may the better be enabl'd to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may rebuild the several Plantation-Houses and Castles destroy'd by them in Ireland in as good state as they were at the breaking out of the Rebellion which Your Majesties Protestant Subjects have been bound by their several Patents to build and maintain for Your Majesties Service 11. That the great Arrears of Rent due to Your Majestie out of the Estates of Your Majesties Protestant Subjects at and since Michaelmas 1641. may be paid unto Your Majestie by such of the said Confederates who have either receiv'd the said Rents to the uses of the said Confederates or destroy'd the same by disabling Your Majesties Protestant Subjects to pay the same And have also destroy'd all or the most part of all other Rents or means of support belonging to Your said Protestant Subjects And that Your said Protestant Subjects may be discharg'd of all such Arrears of Rents to Your Majestie 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion and that such Commanders as have rais'd Forces at their own Charges and laid forth great sums of Money out of their own Purses and engag'd themselves for Money and Provisions to keep themselves their Holds and Souldiers under their Commands in the due necessary Defence of Your Majesties Rights and Laws may be in due sort satisfied to the encouragement of others in like times and Cases which may happen 13. That touching such parts of the Confederate Estates as being forfeited for their Treasons are come or shall duly come into Your Majesties hands and possession by that Title Your Majesty after the due satisfaction first made to such as claim by former Acts of Parliament would be pleased to take the same into your own hands and possession and for the necessary encrease of Your Majesties Revenue and better security of the said Kingdom of Ireland and the Protestant Subjects living under your gracious Government there to plant the same with Brittish and Protestants upon reasonable and honourable Terms 14. That one good walled Town may be built and kept repair'd in every County of the said Kingdom of Ireland and endow'd and furnish'd with necessary and sufficient means of legal and just Government and Defence for the better security of Your Majesties Laws and Rights more especially the true Protestant Religion in time of Danger in any of which Towns no Papist may be permitted to dwell or inhabit 15. That for the better satisfaction of Justice and Your Majesties Honour and for the future security of the said Kingdom and Your Majesties Protestant Subjects there exemplary punishment according to Law may be inflicted upon such as have there traiterously levied VVar and taken up Arms against Your Majesties Protestant Subjects and Laws and therein against Your Majesty especially upon such as have had their hands in the shedding of Innocent blood or had to do with the first Plot or Conspiracy or since that time have done any notorious Murther or Covert Act of Treason 16. That all Your Majesties Towns Forts and places of strength destroy'd by the said Confederates since the said Rebellion may be by them and at their Charges re-edified and deliver'd up into Your Majesties hands to be duly put into the Government under Your Majestie and Your Laws of your good Protestants And that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion may be slighted and thrown down or else deliver'd up and disposed of for Protestant Government and Security as aforesaid 17. That according to the Presidents of former times in cases of General Rebellions in Ireland the Attainders which have been duly had by Outlawry for
Treason done in this Rebellion may be establish'd and confirm'd by Act of Parliament to be in due form of Law transmitted and passed in Ireland and that such Traitors as for want of Protestant and indifferent Jurors to indict them in the proper County are not yet indicted nor convicted or attainted by Outlawry or otherwise may upon due proof of their offences be by like Acts of Parliament convicted and attainted and all such offenders forfeit their Estates as to Law appertaineth and Your Majesty to be adjudged and put in possession without any Office or Inquisition to be had 18. That Your Majesties Protestant Subjects may be restored to the quiet Possession of all their Castles Houses Mannors Lands Tenements Hereditaments and Leases and to the quiet possession of the Rents thereof as they had the same before and at the time of the breaking forth of this Rebellion and from whence without due Process and Judgment of Law they have since then been put or kept out and may be answer'd 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 restor'd to all their Moneys Plate Jewels Houshold-stuff Goods and Chattels whatsoever which without due Process or Judgment in Law have been by the said Confederates taken or detain'd from them since the contriving of the said Rebellion which may be gain'd 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 have been deliver'd 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-Souldiers 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 endanger'd 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 easie and ready way in the passing of Acts of Parliament in Ireland without having them first well consider'd 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 depriv'd 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 or 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 consider'd of to prevent the filling or over-laying of the Commons House of Parliament in Ireland 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 contain'd 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 wereunto it was replied by the Committee of Lords and others of Irish affaires 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 sence 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 those Propositions were drawn 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 Affaires in England To the first the Protestant Agents replied that they humbly conceived that the Propositions which they had presented to his Majesty were the sence of 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 thought fit for the Security of the Protestants in in their Religion Lives Liberties and Fortunes That the said Protestants had no 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 then the said Agents and therefore desired to be excused for medling in the treaty further then the
be lost in the common Rubbish And I dare not disown those Conjectures the Deserving being to be in everlasting Remembrance Nor hath it in all Ages and amongst the worthiest Persons been esteem'd Pride but Justice to erect Memorials and Altars to Meriting Heroes Though herein I conceive none could be so much concern'd who would have less insisted thereon then my self resolving to be sparing in what I might have been prodigal How contrary soever it may be Conjectur'd by some who pleas'd with the publick breath dare blaspheme those whom they could never wean from their Countries Interest or Religion though as to an utter extirpation which was strongly insisted on by many I may affirm that they whom the Malice of some would traduce were ever so far from that abominating the thought as the Rebels Reformation not their Ruine was their Principal care well distinguishing betwixt the Head and the Train which a most eminent and noble Person just to his Honour ever avouch'd Something 's it may be were not always suited to the just standard of the Law which in such Exigences have ever been indulged though not commanded The preservation of a State being more than the security of a Person And thence Prudence as well as Justice hath been a necessary Attendant on Magistrates No State being so secur'd by her Laws as that something emergent may not require a speedier Help the effect of which if severe being out of the common Road is the Offenders not the State Fault And hereupon a known Instrument of State perfectly experienc'd in that Road excellently well Cautions Not to weigh and measure Statesmen's Proceedings by grains and scruples lest the publick Affairs of a Kingdom lie wast whilst men of Honour and Fortune in medling with them are sure to loose The Rebels by their Pamphlets affirm that few Murthers if any were done till some examples of that nature were acted by the English whereas the contrary plainly appears by those Examinations in the Remonstrance of diverse remarkable Passages concerning the Church and Kingdom of Ireland which cannot be waded whatever R. S. in his Collections of Murthers would insinuate as if that was only framed to win Compassion and Succour from England or scandalize Authority whereas it is clear the Remonstrance was passed on such undeniable Evidences that the Circumstances he takes notice off to justisie his own of Time Place and Persons as if they were not considered in the Remonstrance are generally observed and that on Oath Not encouraged as he would infer from the hurry of the Times and the Examinants Frights but before his Majesties Commissioners a Circumstance this Detractor dare not pretend to what Favour soever he thinks to draw from Cromwel's proceedings Summo Jure in Ireland which was on another score than we shall here insist on and were promiscuously cruel yet those lessen nothing of the Irish Barbarism at First or indeed of their Mercy at Last in stripping the English in so miserable a Season driving them from their Habitations and exposing them to the Woods and Deserts for their Rest and Sustenance such as remain'd being deluded by the Rebels promises and wedded to their own Habitations were generally Massacred Certainly the lingring and sad Deaths which attended many are justly to be accounted the highest Barbarism worse than whatever determin'd in a short time how cruel soever Though some who would be thought Civil and Compassionate think they merit much in not having as they write not others their hands actually imbrued in the Blood of any of the British Protestants of which its believ'd there are but few if any that may be justly intituled to that Clemency However are they not to be accounted equally Guilty who mov'd by the same Councils Subsisted by the same maintenance Whose Victory was their Victory and the Blood shed by One was the consent of the Other Qui non vetat peccare cum possit jubet Especially when they knew of the Villanies that had passed and yet sided with the Party so imbrued and fleshed in Blood No Check being given to that Career when Leinster and Ulster Valence and Brabant agreed However we have contexed in this History few examples of Murthers and Cruelties in reference to the Luxury of the Rebels took in the Scene The effect of whose Malice and Animosity being in truth the Burthen of the whole is not omitted as not abounding in Proofs but because the Martyrology of the Clergy and the Protestants deserve an account a-part Besides though there be some Gleanings of Murthers in Ulster Connaght and Leinster yet the care which was took to register those in Munster hath been obstructed as the others if they had not been early might have been so too However they are not lost though at present confin'd Some Remarks on the Rebels Pamphlets and Pretentions we have coursorarily answer'd Not holding our selves obliged to reply to each Particular else the Volume would swell too big Besides there are many things which in reading an Intelligent Person cannot but blow over with an easie Breath Some are so ridiculous others improbable most without their Circumstances what is fairer Varnish'd we have from their own Principles or their Parties Confession clear'd therein not so much veiling Truths whether for or against us as disclosing their nakedness a deformed Face needs a Fucus The Favourers of that Party insist much on the Parliaments being Prorogued which should have met soon after the Insurrection whereby what they would have presented to the King by way of Accommodation was say they thereby prevented and that the Lords and old English of the Pale who had been constant to the Crown in other Rebellions were by the usage of the State forced to take part with the Ulster Rebels The first of these is in the main discoursed of to which we must add as being an undeniable consequence of their Desires then That their endeavours to meet at that time in Parliament was to no other end but that the Plot having been discover'd whereby they could not strike hands at first with the Northern Rebels without apparent Rebellion which they were willing to screen under fairer pretences They might in Parliament the more solemnly contest with the King for their Religion and Liberty which neither the just Jealousies of the State or the Distractions then could rationally admit of lest meeting in such numbers as a Parliament would colourably bring to Town they might take new Councils the former seeming in some part to be disappointed And as to the Latter the truth thereof is already cleared from Fol. 39. to 42. nor indeed needs there any thing more to be said but what his Majesty C. I. on this subject verified to the Protestant's Agents at Oxford 1644. That what the Rebels pleaded as to this Particular was not his Belief but an Assertion of the Irish And when the Protestant Agents would further have cleared this Point some at Court being apt to blow
from the Crown Multitudes of British were brought in and planted in great numbers even in the most barbarous Places of the Kingdom many corporate Towns have been erected some wall'd Towns have been also lately built Castles Stone-houses and Villages daily made in every part in great abundance Trade and Traffick so well setled as the obstructions therein being remov'd the native Commodities were so freely exported as they did to the great advantage of the Kingdom by far exceed the foreign Importation and all other necessary Provisions were made for the Publick which might be thought any ways to conduce to the Peace Plenty and flourishing Estate of a growing Kingdom And for the Irish themselves though they have ever been observ'd to be a whining Generation a People always given unjustly to complain of their Governours yet in these later times there hath been a most special care taken to preserve them free from all manner of Pressures They have had liberty beyond the examples of former Ages to redress their Grievances in their own Parliament being elected Knights Citizens and Burgesses according to the Affections of the Commons they had too of their Communion Lawyers bred up in England frequent at their Bar also upon their Bench Justices of the Peace in their Counties Sheriffs and Mayors and other Officers in their Corporations Favours not aspir'd to by the Catholicks of England or ever granted And in Cases where they thought fit to present their Complaints unto his Majesty they were graciously receiv'd and fitting Remedies applied They were admitted to enjoy the free and full exercise of the Roman Religion without controul to entertain Priests Friers Jesuits and all sorts of their Ecclesiastical Orders without number whilst the Protestants dissenting from the Regimen of the Church of England were frequently summon'd to the Bishop's Court. Justice was equally administred to the British and Irish without any manner of difference the Countrey Duties and other Taxes were levied upon all without distinction of Persons all private Animosities suppress'd all ancient Grudges remov'd and in all outward appearance they liv'd so affectionately intermixt together as they could not be esteem'd two Nations in one Kingdom but that they did Coalescere in unam Gentem And it is without all contradiction not to be denied That never any Conquer'd Nation enjoy'd more fully the Liberties and Priviledges of Free Subjects and through the great Indulgence of his Majesty liv'd with greater contentment Ease Peace Plenty and freedom from all manner of extraordinary Taxations other than such as they were pleas'd to impose upon themselves in Parliament than the Natives of Ireland have lately done Inasmuch as an Excellent Lawyer clearly evidences from 1601. to the year that he writ in That Ex illo tempore quantum creverunt Hibernorum Res desertissimae sollitudines in vicos oppida Conversae Itinera olim clausa Exercitibus nunc patent Viatoribus Portus Navibus Urbes Mercatoribus Agri Colonis fora Judiciis frequentantur nec siquid inter Cives controversiae inciderit ferro nunc ut olim sed lege Judicis Arbitrio deciditur Ipsae vero Gentes Anglicanae Hibernicae quae non solum studiis sed etiam Castris olim dissidebant nec ullo faedere tenebantur sed alteri alterum utcunque occidere jus erat sublatis nuper Hostilitatis legibus in unum populum coaluerunt nec Commercia nunc Convivia verum Conjugia inter ipsos celebrantur adeoque aequo Jure pari lege eadem Conditione absque omni Gentis discrimine sub justissimo Rege vivitur ut nec Angli se vicisse nec Hiberni victos se esse sentiant That hence ensued the calmest and most universal Peace that ever was seen in Ireland it being not to be produc'd that after the Irish were receiv'd into the Condition of Subjects without difference and distinction which was in the Parliament begun at Dublin under the Lord Chichester the 18th of May Anno Regni Jacob. 11. that ever the English in Ireland offer'd the least violence to any of the Natives eo Nomine Papists or Irish yet nothing could keep them from Rebelling the Corn being then full ear'd And so we are arriv'd at the Rebellion which as you have read hath had many steps to its Rise which we shall now pursue in its Progress and Success The Irish Rebellion 23. Octob. 1641. THE first dark Light of which Sir William Cole the 11th of October 1641. gave the Lords Justices and Council notice of As that there was a great Resort made to Sir Phelim O Neals in the County of Tyrone as also to the House of the Lord Mac-Guire in the County of Fermanagh and that by several suspected Persons fit Instruments for Mischief As also that the said Lord Mac-Guire had of late made several Journeys within the Pale and other Places and had spent his time much in writing Letters and sending Dispatches abroad Upon the receipt of which Intelligence the Lords Justices and Council writ to Sir William Cole requiring him to be very vigilant and industrious to find out what should be the occasion of those several Meetings and speedily to advertise them thereof or any other particular that he conceiv'd might tend to the publick service of the State And more than this rationally could not have been done for that what Sir William Cole inform'd the State of was but conjectural and had any notice been took publickly of it whereby Sir Phelim O Neal or the Lord Mac-Guire had been seiz'd on the same would certainly have been a pretended cause for the Irish ready Touch-wood to have risen in Arms being suspected before they manifested any dis-satisfaction Besides there was some so unwilling to receive the least mis-conceit of the Irish believing Time had worn out all Animosities and the State had secur'd each Interests as they us'd the utmost artifice imaginable to suppress those thoughts in others That thence more than a circumspect eye was not to be advis'd Some say one John Cormack reveal'd to Sir William Cole the 21. of October That the Irish resolv'd to seize upon his Majesties Castle and City of Dublin to murder his Lords Justices and Council there and to seize upon all the Castles and Forts of the Kingdom c. Which Sir William Cole the same day sent the Lords Justices notice of As others from an Ultogh would infer That they had inform'd the State thereof and that Sir Lucas Dillon thereupon had been summon'd before them and told that they had heard something of him and others in Connaght that made their fidelity suspected which with a sober countenance and solemn protestation Arts he had been long bred to he soon wiped off So saith my Author that for our sins our Counsellors were infatuated and our Watch-men slumber'd But Sir John Temple whose Integrity over-weighs all Assertions to the contrary testifies That those Letters and Informations never came to their knowledge and that indeed
other Charges his particular Vigilance prov'd a good Guard and that Dublin might be fortified the 22. of November 1641. the Lords Justices and Council by their Proclamation enjoyn'd the same Now the State finding the Storm to increase and that though they had some glimmerings of comfort by the success of their Forces in Wickloe under Sir Charles Coote the Rebellion grew general the Lords Justices and Council publish'd a Proclamation the 27th of November for a Weekly Fast every Friday to be devoutly and piously observed and solemnized in and through the whole City of Dublin and the Suburbs thereof that being humbled for their sins the affliction might be remov'd The 28th of November the State had an Account of Sir ONeal's and Sir Con. Mac-Gennis his approach to Lisnegarvey with about 4000 Men who being fearful of the Garrison's Field-Peeces drew out two considerable Divisions of Men to fall on the Town on both sides at once The strength of the Town exceeded not 400 Foot besides the Lord Convay's Troop and part of Capt. John's who made up about 380. generally mounted on small Nags yet so well maintain'd they the Place as having skirmish'd with the Rebels without the Town on one side the rest charg'd others in the Street and in a short time droye them to the Body of their Army fac'd by Sir Phil. O-Neal and Sir Con. who play'd upon them with their Field-Peeces but were so pelted with Muskets as they gave ground the main Body of the English still securing the Market-place We took 6 Colours killed many without any considerable loss on our side more than that Capt. Boid and Capt. St. John were killed Mr. Rawden and Capt. Burly hurt Sir Arth. Tirringham managing the whole with excellent Conduct By this time his Majesty then in Scotland having as is before mention'd recommended the Affairs of Ireland to his Parliament of England immediately on the first intelligence of that Rebellion sent over several Commissions to Sir Robert Stewart and other Persons of Honour and Trust in the North and assisted by the Duke of Richmond caus'd some proportions of Arms and Ammunition to be conveyed thither out of Scotland with what Money he could spare a care and providence worthy so sensible a Prince which though it were little will be found to have done much service testified in his Majesty's Answer to a Pamphlet entituled A Declaration of the Commons touching no further Addresses At the same time he mov'd all the Parliament in Scotland as being nearest to a speedy help but they excus'd their Aids because Ireland was dependent upon the Crown of England intending rather as it seem'd by the sequel to afford their service upon Hire than Compassion or Conscience Yet notwithstanding his Majesty the State and Parliament of England's appearing thus incens'd against the Rebellion all fair means of exceptions being remov'd and a desire of its suppression endeavour'd the Irish finding as yet no considerable relief sent to the English and being exceedingly flush'd with the defeat of those commanded to re-enforce the Garrison of Tredath they unanimously drew down their Northern Forces to infest that Town And that you may see with what union even the Lords of the Pale formerly faithful to the Crown conspired in this Rebellion though by their humble Apology fraught with many vain pretences they would evade the Conspiracy we must here render you an Account of the Truth given in upon Oath March 1641. before Sir Robert Meredith Kt. Chancellor of the Exchequer in the Examination of Edward Dowdall Esq a Person of great esteem amongst them He deposeth That some 3 or 4 days after the defeat of the English Souldiers at the Bridge of Gellingstone there issued a Warrant from the Lord of Gormanston to the Sheriff of the County for a general Meeting of all the County at Dulick but the place of Meeting was afterwards chang'd to the Hill of Crofty where all the Lords and Gentry of the County met viz. The Earl of Fingal the Lord Viscount Gormanston the Lord Slane the Lord Lowth the Lord Dunsany the Lord Trimblestone the Lord Nettervile And of the Gentry Sir Patrick Barnewall Sir Christopher Bellow Patrick Barnwall of Kiltrew Nicholas Darcy of Plattin James Bath of Acharn Garret Ailmer the Lawyer Cusack of Gormanston William Malone of Lesmullin Sedgrave of Kileglan Linch of the Knos Lynam of Adams-Town Lawrence Dowdall of Athlumney Nicholas Dowdall of Browns-Town this Examinate's Brother and him this Examinate with a multitude of others to the number of a thousand Persons at least whose Names he this Examinate cannot for the present call to mind And after about two or three hours spent upon the said Hill of Crofty by the Lords and Gentry aforesaid there came unto them Col. Mahone Philip O-Relie Hugh boy-Relie Roger Moore Hugh Birne and Capt. Fox attended on with a Guard of Musketeers And this Examinate saith That as soon as the Parties drew near unto the said Hill the Lords and Gentry of the Pale rode towards them and the Lord Gormanston being one of the first spake unto them and demanded of them why and for what reason they came arm'd into the Pale unto whom Roger Moore made present Answer That the ground of their coming thither and taking up Arms was for the freedom and liberty of their Consciences the maintenance of his Majesty's Prerogative in which they understood he was abridg'd and the making the Subjects of this Kingdom as free as those in England were Whereupon the said Lord Gormanston desired to understand from them truely and faithfully whether these were not pretences and not indeed the true grounds of their so doing and likewise whether they had not some other private end of their own Which being all denied upon profession of their sincerity to his Lordship the Lord of Gormanston then told them Seeing these be your true ends we will likewise joyn with you therein unto which course all agreed And thereupon it was publickly and generally declared That whosoever shall deny to joyn with them or refuse to assist them therein they would account him as an enemy and to the utmost of their power labour his destruction And this Examinate saith That after the Agreement made as aforesaid there issued another Warrant to the Sheriff of the County of Meath to be at the Hill of Taragh about a week after and accordingly there met at the same place the Earl of Fingal the Lord Gormanston and the rest of the Lords and Gentry aforenam'd together with Sir Thomas Nugent and Nicholas Plunket the Lawyer Birford the Lawyer and a multitude of others And the work of that day was first to make Answer to a Summons made by the State for the calling of the Lords of the Pale to Dublin which Answer was brought ready drawn by the Lord Gormanston and presented by his Lordship and being perused by the said Council at Law was signed by the Lords To which we will add passing by
in any case whatsoever or to maintain or defend the same shall forfeit his Lands and Goods as in case of Rebellion Before which there was no pretence some thought to make the War a matter of Religion Whereas I do not conceive that that Clause is any more then what was in several Acts provided as Anno 28. H. 8. Capite 13. Anno 2. Eliz. Cap. 1. as elsewhere And by his Majesties Letter to the Marquiss of Ormond the 15th of Decem. 1644. is there specified That many Acts in favour of the Irish should be repeal'd but those against Appeals to Rome and Praemunire should stand That had not the Rebels first intended what afterwards they pursued that Clause could not have made them more obstinate Rebels nothing being in it but what was before in force Now besides other miseries which aggravated the unhappiness of the State at that time there flocked to the City from all Parts such as having escaped the fury of the Rebels sheltered themselves there of which by reason of the diseases they had contracted by their journey and ill usage there died many else prov'd a burthen to the City Which the Confederates of the Pale would have the World believe was mercy and Signal Humanity in them not to have imbrued their hands in the blood of any British Protestants When as the lingring deaths and Exigences these were put to exceeded any death which at once might have been inflicted though after the Siege of Tredath that the old English Papists of the Pale were driven into Ulster they as a meritorious act vaunted that they had killed more English and Protestants in Fingall then were killed in many other Counties for the discoveries of whose miseries and what besides others had suffered by the Rebels the Lords Justices authorised several Commissioners to state their Case and the state of the deplorable English by two Commissions the one bearing date the 23d of December the other the 18th of January both in the 17th year of his Majesties Reign whereby the Murders Losses and Cruelties committed upon the English and Protestants were discovered on Oath and presented in a Remonstrance by the Dispoil'd Clergy of Ireland to the Honourable House of Commons in England And lest the Remonstrance should seem the act of a few Persons highly interessed in their own Concerns it was accompanied with a Letter from the Lords Justices and Council dated at Dublin the 7th of March 1641. to the Speaker of the said House of Commons the Remonstrance shewing such depredations of Goods such cruelties exercis'd on the Persons and Lives of the loyal Subjects such wasting and defacing of all monuments of Civility with such Prophanation of Holy Places and Religion that by the most barbarous and heathenish Nations the like could not in any Age be found to be perpetrated of which I might say more having not yet forgot the cruelties legible in most Noble and antient Families But the day would fail us should we sum up what is in the Clergies Remonstrance Printed at London 1642. briefly mention'd to which and the History of the Irish Rebellion 1646. from p. 84. to 136 we must refer you that the Proofs of all may be before your eyes May they be writ on our Posts of our houses and our Gates that they may be looked upon and remembred for ever what Amalek did when we were faint and weary and he feared not God! Thus the State having to their power supported his Majesties Authority and the English Interest searching out whatsomever might fathom the bottom of this Conspiracy they being driven to great necessities trampled on by the Enemy not further able to support their own miseries When the last of December 1641. arriv'd at Dublin from the Parliament of England Sir Simon Harcourt with a Regiment of 1200 Foot a Gentleman of Good Extraction long bred in the Low-Countreys the School of War under Sir Horatio the Lord Vere that renown'd and Excellent Person one of the most noted and eminent Commanders of the late Age He was design'd Governour of Dublin much to the comfort of the Protestants and terrour of the Rebels soon after whose arrival the City being secur'd thereby the Lords Justices commanded forth Sir Charles Coote with such Forces as could be spared to Swoards about the 10th of January following the better to let them know how far the State resented their Insolencies whom no assurance fair or open Resolves or any free course could satisfie Sir Charles Coote found the access to the Village straightly block'd up yet so managed the attempt as he soon forc'd them to a flight beating them out of their Fortifications and killed 200 of their men without any considerable loss on his side more then Sir Laurenzo Carey second Son of the Lord Falkland late Lord Deputy a Gentleman of excellent and ingenious Parts well principled and one whose vertues and resolution promised much happiness to the State After setling of which Place Sir Charles Coote return'd to Dublin and ere long there arrived from England by Order of the Parliament three Regiments of Foot the Lord-Lieutenants Regiment under the Conduct of Lieutenant-Colonel Monk since Duke of Albemarle the second under the Command of Sir Michael Earnely and the other under the Command of Colonel Cromwell and two Regiments of Horse one belonging to Philip Lord Lisle General of the Horse and the other under the Command of Sir Richard Greenvile That now the English Interest began to revive the Irish being much disheartned thereby yet grew confident in their Allies and Confederacy they had made through the whole Nation to weaken which and vindicate his Majesties Honour the State received the 20th of January a Proclamation from his Majesty dated the first of the same month declaring them Rebels and Traitors and that it might want no solemnity to impress the greater Character of obedience His Majesty was pleased to Sign all the Proclamations with his Royal Hand affixing also thereto his Privy Signet a circumstance scarce presidenc'd The Original of which I have in my Custody Charles R. WHereas diverse lewd and wicked Persons have of late risen in Rebellion in our Kingdom of Ireland surpriz'd diverse of our Forts and Castles possessed themselves thereof surpriz'd some of our Garrisons possest themselves of some of our Magazeen of Arms and Ammunition dispossest many of our good and loyal Subjects of the British Nation and Protestants of their Houses and Lands rob'd and spoil'd many thousands of our good Subjects of the British Nation and Protestants of their Goods to great values Massacred multitudes of them imprison'd many others and some who have the Honour to serve us as Privy Counsellors of that our Kingdom We therefore having taken the same into our Royal consideration and abhorring the wicked disloyalty and horrible acts committed by those Persons do hereby not onely declare our just Indignation thereof but also do declare them and their Adherents and Abettors and all
any Levies he should make to that purpose Being loath saith his Majesty in his Solitudes to shoot at any mark here less than himself or that any should have the glory of his destruction but themselves Whilst at the same time his Majesties Subjects of Scotland in an Act of Council at Edinburgh the 22d of April following upon this occasion takes notice That there could be no greater demonstration of Care and Princely Courage than this his Majesties intention to go in Person into Ireland against the Rebels Upon the signification of which Royal Intent to the State there the Lords Justices and Council in a Letter to his Majesty the 23d of April 1642. taking notice of his Princely Purpose to take just vengeance on the perfidious Rebels humbly besought him to come so provided as to appear in that Kingdom suitable to the Greatness and Wisdom of so mighty a King Which Letter how finely soever it was covered went not in some mens opinion without a discouragement forasmuch as that though some at Court might conceive by his Majesties coming over a Peace might be made with the Irish when his Majesty pleas'd yet by taking in so base perfidious and barbarous a People who in so execrable a manner had cut off such multitudes of the English the event as was privately signifi'd by some could not redound to his Majesties Honour Besides the Soldiers were then grown so implacable to the Irish as they would scarce endure any ordinary Papist much less suffer a Rebel to be admitted amongst them After all his Majesties resolutions for Ireland were prevented not without several constructions as each Party apprehended the Scene Though his Majesty express'd that he would never refuse or be unwilling to venture his Person for the good and safety of his People yet he was not so weary of his life as to hazard it impertinently and therefore at present should desist However as yet the Protestant Army in Ireland being competently supplied the Rebels were frequently chastized To say truth after the raising of the Siege of Tredath and the consequences thereupon his Majesties Forces so enlarged their Quarters as no considerable Enemy save some Castles lay nearer Dublin than twenty miles on any side that now the Lords Justices thought it high time to provide for the safety of such places as lay more remote in the Countrey the English having in many Places upon the first rising of the Irish possess'd themselves of some Forces Strong Holds Towns and Castles which though very ill provided they did for many months yea some for years after the first breaking out of the Rebellion defend notwithstanding long Sieges multitudes of Rebels encompassing them and all means by Treachery Force or Famine experienc'd to draw them into their possession It will here take up too large a space in this Story where many considerable things may fall besides the Pen to recite the gallant actions perform'd by several private Persons in some inconsiderable in respect of Strength Places many Women shewing more courage constancy and resolution in the defence of what they were necessitated to than the Men without did in their undertakings against them Great were the Straits many of them were put unto enduring all manner of extremities subjecting themselves to all kind of dangers not daunted with the multitudes of Rebels that lay about them they in many places issued out and lived onely on the Spoils they took from them fighting continually for their daily bread which they never wanted as long as their Enemies had it The Rebels were so undextrous in the management of their Sieges as they took very few Places by force in all their Attempts whether by Mine Battery Assault they seldom prosper'd The great Engine whereby they master'd any Fort of the English was Treachery Offers of safe Conduct and other Conditions of Honour and Advantage which might induce the Besieged sometimes reduc'd to the utmost extremities to surrender their Places into their hand which though solemnly sworn and sign'd they yet seldom or never kept but left several Places as Monuments of their Treachery and Infidelity using those who surrender'd them as they did the poor Protestants in the Town and Castle of Longford whom they having besieged and drawn to yield up into their hands upon condition of Quarters and safety for their Persons they as soon as they issued out fell upon with their Skenes their Priest as a signal for the rest to fall on first ripping open the belly of the Minister amongst the English then his followers soon kill'd and hang'd the rest After this manner used they the 150 Protestants who yielded up upon fair Quarter the Castle of Tullagh and the Church of Newtown in the County of Fermanagh And the 1400 or 1500 at Belturbet and the Inhabitants of Ardmagh and Loughgell and those under the conduct of the Lord Mayo and those 120 murther'd by the Mac-Swynes as those who yielded the strong Castle of Cloghleigh situate upon the Manningwater to Richard Condon who promised Quarter and a safe Convoy to Castelions contrary to which they were all of them either hang'd kill'd wounded or kept Prisoners by him and his Company In the same manner also he used a Party of the Earl of Barrimore's Troop who having bravely maintain'd themselves in a House in Coole against his Forces were by his Promise on the Faith of a Soldier and a Christian of a safe Conveyance to Castelions contented to yield it up but were immediately upon their coming forth murther'd As some English Families and the Garrison Soldiers at Sligo were used by O Connor Slygah who upon the quitting of their Holds promis'd them Quarter and to convey them over the Curlew Mountains in safety to Abbeyboyle or Roscommon but he first imprison'd them in a most nasty Goal allowing them onely Grains for their food and afterwards when the Rebels were merry with Company that came to congratulate their Victory over these poor Creatures those which survived were brought forth by a Frier Connor's Brother and others and kill'd or precipitated over the Bridge into a swift Water where they were presently destroy'd And at Teagh-Temple after the English and Scots who retired thither were not able longer to resist the Enemy had yielded the Place on Conditions to be brought in safe Conduct to Abbeyboil were murther'd hang'd or buri'd alive At which terrible sight Mrs. Olyfant a Ministers Wife being great with Child fell in Labour but was still beat forward till at last the Child slipt from her and what was horrible she was forced to draw that poor Infant and the Concomitants of such an accident after her till she died with sport to them The Story would be too long should we mention those 140 taken forth to be sent for England and drown'd at Portadown or those numbers drawn to Florence Fitz-Patricks house and there slain Or those 60 and odd persons gathered together on pretence of sending them to Clanhughboyes drown'd by them
Walls of Cork with great Forces not far from whence the Confederates promising General Garret Barry with the consent of his Council of War the Lord Muskery and others planted his Camp at Rochforts Town holding thereby Cork in a manner besieg'd on the North-side whilst my Lord Roch the Lord of Ikern Dunboin the Baron of Loghmo Mr. Richard Butler with the Tipperary Forces were drawing down on the South till by the valour of those few English then in Town viz. the Lord Inchiquin Col. Vavasor and 400 Musketeers and 90 Horse they were beaten off with the loss of 200 of their Men their Tents and whole Bag and Baggage being taken In the whole Service Sir William St. Leger as long as he had health was active with the meanest Officers of the Army doing many times a private Soldiers duty as well as a careful Generals But finding at length the Rebels multitudes to increase and his Men to decay even in being victorious and the Supplies of Men and Money with Provisions which he expected out of England to come over very slowly and far short of what the necessities of that Province required well understanding too the difference then in England betwixt his Majesty and the Parliament and what were the designs of some putting fair Glosses on the Rebellion of Ireland which his Soul apprehended as one of the most detestable Insurrections of the World These things so troubled his Spirit as being discouraged in the desperate undertakings necessity and the honour of his Nation put him daily upon so deep an impression fixed in his mind as the distemper of his body increasing he wasted away and died at his house at Downrallie four miles from Cork in the County of Cork 1642. and was there buried a little before whose death he writ the second of April 1642. a most significant Letter to the Lord Lieutenant touching the Affairs of that Province and his utter detestation of the Rebels Remonstrance sent him after a motion made for a Cessation which he would have seconded with further testimony of his aversion to their insolency as would have tended much to their dis-encouragement had he been enabled with any reasonable strength so to have done The Command of the Forces in this Province was after the death of Sir William St. Leger for the present by the Lords Justices and Council committed to the Lord Inchequin who had married his Daughter and during his Father in Law 's life had shewed himself very forward in several Services against the Rebels He was a meer Irish-man of the antient Family of O-Brian's but bred up a Protestant and one that had given good testimony of the truth of his Profession as his hatred and detestation of his Countrey-mens Rebellion and having match'd into the Lord President 's Family was held the fittest Person to cast the Command upon till there were another Lord President made by the King or he confirm'd by his Majesty in that Province In the mean time the Lord Inchequin takes some opportunity and having beaten the Rebels Forces at the Battel of Liscarrol in the County of Cork got great reputation by that action The Battel was fought on Saturday the 3d. of September 1642. in which on the English Party was kill'd Lewis Boyle Lord Viscount Kynalmeaky second Son to the late Earl and Brother to this of Cork who behav'd himself most nobly in that Expedition and was buried at Youghall in his Fathers Tomb. And on the Irish side was slain Captain Oliver Stephenson Grandson of him who in the Reign of Queen Elizabeth had done eminent service in the Wars against the Earl of Desmond And afterwards the Division increasing in England the sending over a new Lord President was neglected so as the Lord Inchequin continu'd in the Government managing affairs there sometimes for the King against the Parliament sometimes for the Parliament against the King as he conceiv'd might bring on the absolute settlement of that Government upon himself of whom we shall speak more hereafter And now having shewed you the effects of the English Courage strangely reviv'd and managed against the Rebels it will be seasonable to acquaint you by what means the Forces there have been animated to so eminent a Service You have already read the generous resolutions of the Parliament in England upon the first discovery of the Rebellion as the encouragement his Majesty gave them upon his first and second appearance in the House of Lords after his return from Scotland And you have read if it would have been admitted how he would have adventured his Royal Person thither and have rais'd 10000 English Volunteers speedily for that Service if so the House of Commons would have declared that they would pay them which would not be accepted but instead thereof the 24th of January following the Town and Castle of Carickfergus were advised by the two Houses to be given in Command and Keeping to the Scots 2500 of which were to be transported thither and paid by England so as to be accountable according to their Order the 22. of Jan. to the King and Parliament and the Lord General in his Place for all their actions in that Service Which his Majesty was loath to grant as prejudicial to the Crown of England and employing too great trust for Auxiliary Forces Though at the importunity of the Parliament it was so setled at Windsor the 27th of January 1641. But what service the Scots did in those Parts more than subsist by English Pay deserves an enquiry It will now be convenient to acquaint you that after many necessary Propositions to the King from the Parliament passionately affected with the miseries of Ireland it was in the Petition of the House of Commons December the first mov'd That his Majesty would be pleas'd to forbear to alienate any of the Forfeited or Escheated Lands in Ireland which shall accrue to the Crown by reason of this Rebellion that out of these the Crown may be the better supported and some satisfaction made to his Subjects of this Kingdom England for the great Expences they were like to undergo in this War To which his Majesty answer'd That concerning Ireland he understood their desire of not alienating the forfeited Lands thereof to proceed from their much care and love and likewise that it might be a Resolution very fit for him to take But whether it be seasonable to declare resolutions of that nature before the event of a War be seen that he much doubted Howsoever we cannot repli'd his Majesty but thank you for this care and your chearful Engagement for the suppression of that Rebellion upon the speedy effecting whereof the Glory of God in the Protestant Profession the safety of the British there our Honour and that of the Nation so much depends all the Interests of this Kingdom being so involv'd in that business We cannot but quicken your affections therein and shall desire you to frame your
high and eminent trust of your Affairs here deposited with us by your Sacred Majesty we may not forbear in discharge of our Duty thus freely and plainly to declare our humble apprehensions to the end your Majesty thus truly understanding the terribleness of our Condition may find out some such means of support to preserve to your Majesty and your Royal Posterity this your ancient and rightful Crown and Kingdom and derive deliverance and safety to the Remnant of your good Subjects yet left here as in your excellent Judgment you shall find to be most to your Honour and Advantage And so praying to the King of Kings to guide and direct you for the best in this high and important Cause and in all other your Councels and Actions we humbly remain From your Majesties Castle at Dublin the 11th of May 1643. Your Majesties most Loyal and most Faithful Subjects and Servants The 12th of May the Lord Taaffe Roch and Fitzwilliams arrived out of England and that morning Major Warren and Sir Francis Butler came to the Council the Lords sitting and presented a Petition to the Lords Justices accusing the Lord Parsons of high Misdemeanors and other Treasonable Matters requesting that his Person and Goods might be secur'd though in conclusion nothing was ever filed against him an Evidence to most that there was more of a Design then Crime in the Accusation And having as before presented you with the Lords Justices Letter to his Majesty we should now give you the Declaration of the Lords and Commons assembled in Parliament the 16th of June 1643. concerning the present lamentable estate and miserable condition of Ireland In answer to what the Lords Justices and Council had faithfully acquainted them withall that it may appear how sensible they were of the information they had receiv'd of the straights and exigencies of the Protestant Forces in Ireland which certainly is very Emphatical resenting with a just aggravation the miserable condition of that Kingdom but being legible in Husbands Collections we shall refer you thither not busing our selves how far it prevail'd Certainly the Exigencies of the Souldiers and State of Ireland were then very considerable in as much as his Majesty not being able by any other expedient to remedy as he was perswaded their complaints then by a Cessation he to that end sends this Letter to the Lords Justices C. R. RIght trusty and well beloved Counsellors and right trusty and intirely well beloved Cousen and Counsellor we greet you well The present Distractions here have rendred us as unable as by experience we find the remaining part of the two Houses are unwilling to supply or relieve our Army in Ireland and if the Money we consented should be rais'd in this our Kingdom for the Relief of Ireland had not been diverted by them and Rebelliously imployed against us here in England we should not have been constrain'd to have hearkned to a Cessation of Arms now on that side But since we see no other hope during the unhappy distempers here to settle the Peace of that our Kingdom but by a Cessation of Arms between us and the Irish now in Arms there and doubt very much how our Forces now in that our Kingdom will be there maintain'd if we shall admit of a Cessation We have thought it expedient by these our Letters to recommend it to your care and industry to consider seriously how our Forces on that side may be enabled to subsist during the Cessation and if there may be means found for that we do then hereby Authorise and require you to agree to a Cessation of Arms there for a year and in our Names to assure the said Irish that we are graciously inclin'd to dissolve the present Parliament and call a new one between this and the 10th of November next and to take a course to put all those that shall be chosen Members of the said Parliament into such a condition as they shall not be prejudiced of their Liberty of Assisting Sitting and Voting in the said Parliament for better effecting whereof we do hereby further authorise and require you to give License to such Commissioners as the said Irish shall appoint to come over hither to us to treat of that Business and such other Particulars to be proposed by way of Petition as shall necessarily conduce not onely to the satisfying of the said Cessation but to a preparation of what shall be requisite for the setling of a just honourable and perfect Peace in that our Kingdom And we further require in case the said Irish now in Arms shall agree to such a Cessation and Treaty to advertise us of some such able and fitting Ministers or Servants of ours on that side as you conceive fit to be sent over hither to assist in the Treaty here when Commissioners shall come over from the said Irish. In which Business we require you to use all convenient expedition and to give us a speedy Account for which these our Letters shall be your Warrant Given under our Signet at our Court at Oxford the second day of July in the 19th year of Our Reign 1643. To our right trusty and well-beloved Counsellors Sir John Borlase and Sir Henry Tichborn Kts. Lords Justices of our Kingdom of Ireland and to our right trusty and intirely beloved Cosen and Counsellor James Marquiss of Ormond Lieutenant-General of our Army there But before this Letter came to the Lords Justices the means to a Cessation were thought of Yet the day before the Marquiss of Ormond proceeded to the Treaty which was the 22. of June the chief Protestants of the City of Dublin were called before the Council to know if they would give 10000 l. or have a Cessation the latter they were very unwilling to and the former they could not advance indeed it was well known though it serv'd as an Argument to evidence the necessity the State was put to And the Irish Commissioners the 23. of June presented themselves unto the Marquiss of Ormond in his Tent near Castle Martin in the County of Kildare in the presence of divers Colonels Captains and Officers in his Majesties Army his Lordship sitting in his Chair covered and the Irish Commissioners standing bare after several passages betwixt them all tendred in writing the Irish Commissioners gave his Lordship a Copy of the Authority they had receiv'd from the supream Council of the Confederate Catholicks of Ireland at Kilkenny in these words WHereas his Majesty's most faithful Subjects the Confederate Catholicks of Ireland were inforced to take Arms for the preservation of their Religion for the defence of his Majesty's just Prerogatives and Rights and the maintenance of the Rights and Liberties of their Countrey labour'd to be destroyed by the Malignant Party And whereas his Majesty in his high Wisdom and Princely Care of his said Subjects Welfare and Safety and at their humble Suit That his Majesty might be graciously pleas'd to hear
an Alarm even in the streets of Dublin who were gallantly repulsed by Colonel Crafford's Men killing 20 of them the Rebels by that means doing no more hurt than plundering and firing some few thatcht Houses All things tending to a Cessation the State held it their best policy not to retain their Forces wholly in their Garrisons and therefore though they had slender Provisions and less Treasure to encourage the Souldiers abroad the 27th of June 1643. Colonel Monk with 1300 Foot and 140 Horse was sent against Preston strengthned by Owen O Neal whom he encountred near Castle Jordan at a Pass upon the River Boine being 5 or 600 Horse and 6000 Foot putting his Foot to rout and killing many of his Men Yet for want of Provision he was forced to leave Clancurry and turn to Wickloe where he got store of Cattel But thence he was soon recalled to face the Rebels in Meath and hearing of Neal's Forces about Port Leicester Mill a great and secure Fastness near 5 miles Westward from Trim he with the Lord Moor vigilantly attended their motion But so it fell out that the Lord Moor observing Neal's encamping there had some notice of his levelling a Piece of Cannon towards his Army yet was so little concern'd at the advice danger in that Cause being never apprehended as after that the Bullet had once if not twice grazed he with other Gentlemen who were not without of what might ensue and intimated their suspicions still travers'd the Ground till most unfortunately the Bullet forc'd its passage through his Armour into his Body but was not of strength sufficient to go through however it there slew him upon whose Fall one readier to shew some sallies of Wit than Skill obtrudes this Distich Contra Romanos Mores res mira Dynasta Morus ab Eugenio canonizatus erat In Answer to which one readily writes this Olim Roma pios truculenta morte beavit Antiquos mores jam nova Roma tenet This Noble Gentleman was the first that adventur'd in this Cause and the last Victime under his Majesty's Commission a Gentleman of clear Spirit and Integrity He fell not many days before the Cessation which by several even of the Privy Council themselves was much disliked nor indeed till some of those were remov'd from the Council Board the Reasons they gave in being un-answerable could the Cessation be brought on without opposition and then not so easily as some thought many difficulties and those not easie to reconcile in reference to his Majesty's Exigencies and the Interest of the distressed Protestants pressing in on every Dispute Now the Parliament in England conceiving themselves much interess'd in the Affairs of Ireland as already hath been said to advise order and dispose of all things concerning the Government and Defence of that Kingdom made the 30th of September 1643. not knowing that the Cessation had been then 15 days before concluded a Declaration against any Cessation or a Treaty of Peace with the Rebels in Ireland for that amongst many other Reasons the Cessation would be for the preservation of the Rebels and Papists only who under pretexts of civil Contracts would continue their Antichristian Idolatry Besides several Commissioners of both Houses of Parliament who by the Broad Seal the publick Faith of the State were intrusted with the Irish Affairs would by the Cessation be further dis-enabled to Act and the Adventurers who had so many Acts for their Security would by a Cessation be disappointed as the exiled Protestants turn'd out of their Habitations be thereby continued in misery and want Whilst these things were thought on in England the People of Ireland who took a liberty at the uncertainty of Affairs were strangely divided whether the Cessation should be concluded or no. Some who were sensibly touch'd with the Injuries and Cruelties of the Rebels could not brook it others hoping for their advantage by the Change daily expected it whilst the City in general being burthen'd with Taxes quartering of Souldiers c. having no hopes of Relief from abroad willingly hearkned to their Freedom so as now the strong Affections which had been commonly born against the Rebels began to wither into an indifferency and the course which had been then took to weather out the resolute either for despair or terrour humbled many and as Interest lay several resolv'd what Party to take in England upon the conclusion of the Cessation And that the Cessation might be put forward his Majesty writ to the Lords Justices and the Marquis of Ormond from his Court at Matson the 25th of August the 19th year of his Reign which came not to them till the 26th of September eleven days after the Cessation was concluded Authorizing them or any two of them to treat and conclude for him and in his name with his Subjects then in Arms in that his Kingdom for a Cessation of Arms for one whole year But before this Letter arriv'd the Treaty at Sigginstown began with the Confederates Commissioners by vertue of the Letter the Marquis had formerly received from his Majesty dated at Oxford the 31. of July 1643. who to that purpose order'd a Commission dated at Dublin under the Broad Seal the last of August 1643 in the 19th year of his Majesties Reign to conclude the Cessation with the Irish Commissioners who the 26th of August 1643. having met the Marquis of Ormond Lieutenant General of his Majesties Army there where insisting upon the Name Title and Protestation which at first they had assum'd not permitted of by the Marquis of Ormond they proceeded The Enemy in the interim besieging Tully and afterwards taking it even whilst his Majesties Commission of Grace was not far thence in execution and in all places they shewed themselves most active endeavouring either to surprize force or gain by allurements what they could exceedingly animated with hopes of a Cessation that upon its conclusion what was in their power might be peaceably possess'd During which Treaty many difficulties arose one whether in this or the former Treaty I am not certain was much insisted on viz. How the several Indictments and Outlawries against the Irish might be repealed After some dispute at length Plunket one of the Irish Agents told them He had found a Remedy the Judges before whom they were Indicted might be summon'd to the Star-Chamber and there be Fined And there replied one who is seldom found to sign any Act of State till the Cessation was concluded all that are concern'd may be confident to find reparation This the Lord Chief Justice Shurley thought reflected upon him who thereupon express'd much courage and integrity And the Dispute fell And the 15th of September 1643. the Cessation was concluded by the Marquis of Ormond who for his Courage Affection and Loyalty his Majesty had made his Lieutenant General of his Army in Ireland and who having gotten so many notable Victories over the Rebels was very well approv'd
the Right Honourable the Lords Justices and Council And now many of those Officers who had served his Majesty most signally in Ireland were treated with to recruit his Forces in and about Chester to which end all the encouragement that his Majesty had given in his Letters of the 4th and 7th of September were faithfully imparted to them and what could possibly be rais'd for their Transportation was effectually done Whereupon several Regiments as Sir Mich. Earnely's Sir Rich. Fleetwoods Colonel Gibson Colonel Monk Colonel Warren and others hasted over but with such Reluctancy of the Common Souldiers as the sharpest Proclamations of which there were several hardly restrain'd them from flying their Colours both before and after their arrival in England To prevent which and that the Souldiers might be secur'd in their Loyalty to his Majesty the Lieutenant General compos'd this Oath I Resting fully assured of his Majesties most Princely Truth and Goodness do freely and from my heart promise vow and protest in the presence of Almighty God that I will to the utmost of my Power and with the hazard of my Life maintain and defend the true Protestant Religion establish'd in the Church of England his Majesties sacred Person his Heirs and lawful Successors and his Majesties just Powers and Prerogatives against the Forces now under the Conduct of the Earl of Essex and against all other Forces whatsoever that are or shall be rais'd contrary to his Majesties Commands and Authority And I will do my best endeavour to procure and re-establish the Peace and Quietness of the Kingdom of England And I will neither directly or indirectly divulge or communicate any thing to the said Earl of Essex his Officers or any other to hinder or prejudice the Designs of his Majesty in the Conduct or Imployment of his Army Which that it may be taken by every Souldier follows the Precept By the Lieutenant General of his Majesties Army WHereas his Majesty hath been pleas'd to command the present transportation of a part of his Army here into England I do think fit and hereby Order that every Officer and Souldier to be transported hence do take the Oath above-written before they depart this Harbour Given at his Majesties Castle of Dublin 13. of Octob. 1643. Ormond And in respect that upon their going many Souldiers listed themselves under other Officers the Lord Lieutenant besides other Courses publisht the 13. of November an Edict that no Souldiers under penalty of death should depart from their former Commanders and Officers and that no Commanders and Officers on pain of displeasure should dare to entertain any Souldiers so offending And the 4th of Feb. 1643. the Lord General publisht a Proclamation That if any Souldier should stay behind that was commanded to go over or should after he was transported over into England run away from his Colours he being afterwards apprehended should presently suffer death without mercy Upon which as you see many came over into England and at Hawerden Castle Beeston Castle Bartomley Church Dedington House Acton Church and Durtwich improved their time but the main body the 25. of January 1643. was utterly defeated by Sir Thomas Fairfax raising the Siege of Namptwich 1500 common Souldiers besides Officers being there taken Prisoners besides those that were slain so that what advantage accrewed to the Regal Army by their coming over many believ'd was not very considerable unless those who came out of Munster were more successful The general if not all those who came to his Majesties assistance out of Ireland were his own Forces which he had sent against the Rebels from whom I cannot yet learn after all their professions of having no one hollow thought or subtile practice to serve two Masters or standing Neuters whilst their King was Party that any formed Regiment or considerable Party reach'd England no! it will hereafter appear how shamefully they deserted his Majesties Affairs even in Ireland it self when their Interest might have united them in Loyalty and Obedience Some months after the arrival of these and other Forces out of Ireland the Parliament of England made an Ordinance against the giving of any Quarter to any Irish man or to any Papist born in Ireland taken in Hostility against the Parliament by Sea or Land which his Majesty thought very severe they being called to the service of their Natural Prince The coming over of the English made several that were not so forward suspected in their Loyalty though in truth never any Prince had an Army more intirely affecting his Person then the generality of his Militia of Ireland who being sent thither or rais'd there were not yet wean'd from the Justice of that Cause hardly matchable in any example the War being said long since a great Instrument of State not an ambitious War of Foraigns but a recovery of Subjects and that after Lenity of Conditions often tried not onely to obedience but to Humanity and Policy from more then Indian Barbarism whereas the Affairs of England imbrued Relations in one anothers blood and the Concerns of Ireland were as much his Majesties as the other and the Cause undoubtedly Gods The Lords Justices and Council this while had a great task and not so much as straw to the Work the Confederates paying in the Money viz. 30800 l. they promised the 16th of September towards the maintenance of his Majesties Army this Cessation very uncertain as their Cows and Cattle of the worst taking within three days after the Cessation near 369 head of choice English Cattle from the suburbs of Dublin acting besides many other violencies on divers Castles Forts and Houses so as this agreement with the Rebels seemed rather a Protection then a Cessation of Acts of Hostility That in this extremity the Lords Justices Providence and Care how great soever could remedy little being their business now was to proceed in another course then formerly they had the Election of which grew hourly the heavier upon them by reason of the discontents which constantly arose from the Inhabitants and the Protestants now more then ever sensible of their Condition the Irish Agents making all the speed they could to repair with their Propositions to his Majesty then at Oxford according to an Article in the Cessation and his Majesties Proclamation thereupon by which they were allowed to send Agents to his Majesty of which the Protestants in and about Dublin being very apprehensive lest his Majesty should be pre-possessed of the Rebels sence they thought it most convenient to dispatch Agents presently to his Majesty and to that end about the 6th of October 1643. they meeting at the Earl of Kildare's house fram'd a Petition to the Lords Justices and Council humbly beseeching their Lordships for their License unto such as they should appoint to attend his Majesty in their behalf whereunto the Lords Justices and Council the 12. of the same month expressed their forwardness declaring how his
their daily Masses within that Town and all other of our Garrisons where Papists did inhabit they prayed for the advancement of the Catholick Cause which they believed the Rebels fought for And lastly we have lately discovered that the now Major and Corporation had combined with the Rebels to betray the Town to them and for that purpose an Army was drawn to all the parts adjoyning to our Garrisons in the three chiefest whereof we are confident the Rebels had their Party but by Divine Providence before the Plot could be executed the Major presuming on his speedy success contemned the Lord of Inchequin's Authority by opposing the levying of the Moneys granted by the English for the maintenance of the Soldiers just about the nick of time that the Treachery was to be effected And he being committed upon this occasion the Rebels apprehending their design to be discovered with-drew their Forces And lest this should be judged as an act of the Major onely as a private person we desire the World to take notice that as soon as our Army which forced their obedience was removed into England the Papists generally resisted what ever could be propounded for our security and would have dis-enabled us to continue our Garrisons had not the poor stript English taken all that burthen upon themselves Nay they were so insolent that they laboured to get Arms into their hands and to cause us to disband our Soldiers which they affirmed to be kept as an unnecessary charge upon the King that so they might with more facility receive the Irish and ruine us In a word since they pretend the ground of this War to be for Religion and that this is confessed by those who seem'd to adhere to us what faith can be expected from such a People whose Religion permits them to hold none with us By this preceding Relation it is evidently seen that unless we re-assume our Arms we betray the trust committed to us by God the King and Parliament and become slaves both of bodies and souls And therefore we have resolv'd to perform our duty though with apparent hazard of our lives and likewise maintain that which is a thousand times more dear unto us our Religion and also defend our Garrisons for the Kings just use These we take God to witness are our intentions and we beseech him to punish us as strangely as hitherto he hath preserv'd us if we decline at all from these Loyal and Religious resolutions and we firmly hope that the World will by this Declaration be as fully satisfi'd of the justness of our proceedings as we our selves are then though we all lose our lives in this Cause we shall give our Friends occasion to rejoyce and our Enemies to envy at so blessed an end This return of the Munster Forces to the Parliament was not so welcome to them as it was strange to the Lord Lieutenant who thereupon expostulated the business with the Lord Inchequin who the 2d of August writ to his Excellency That on suspitions of another intended surprisal by the Irish and out of a care to protect the English he had clear'd Cork Toughall and Kinsale of the Irish and put himself into a posture of safety which with his return from England was the worse resented for that he was the first man who mov'd the King to send for the Forces of Ireland into England Upon his revolt to the Parliament he dream'd of sudden Supplies but they were at that time so imbroil'd in business as they had little leisure to consider of Ireland and less means to help them so as little was sent to him for eight or ten months after but they made him Lord President of Munster Nor had the Scots much more relief in the North however the new and old Scots under Monro joyning themselves together unanimously made a shift to preserve themselves against the incursions of the Rebels and about Midsummer 1644. they gathered an Army of 10000 Horse and Foot and came into the County of Cavan and sent a Party into Longford and spoil'd much of that Countrey and march'd to Owen Roe and the Earl of Castlehaven who lay with their Army about Tonrages where they encompass'd them and had they been sufficiently vigilant might certainly have defeated the Rebels who through the favour of a close night escaped though pursued and at Finagh-Bridge met with a severe slaughter Nugents house of Carlestown they burnt and hanged him In the interim Duncannon one of the strongest Forts in Ireland under the Command of the Lord Esmond submitted not to the Cessation but being strongly besieged by Preston was surrendred about March 1644. before Sir Arthur Loftus who was to have been Governour of the Fort under his Lordship arrived there with a competent Supply who finding himself disappointed thereof carried his Provisions into Munster and the Lord Esmond soon after died What difference soever there was between some Towns and the Lord Lieutenant yet for the encouragement of any that should bring Commodities to Dublin Tredagh Dundalk Carlingford Cork Kinsale or Youghal for the relief of his Majesties Army and good Subjects there a Proclamation pass'd at Dublin the 20th of May 1644. to free them for six months from all Customs and Impositions in pursuance of a Proclamation from his Majesty at Oxford the 17th of March 1643. In April after the Committee of both Kingdoms in England to whom the affairs of Ireland were from the Parliament committed finding the business of Ireland grow very heavy upon them got themselves quit thereof and the Houses instituted another to sit at the Star-chamber of 13 Lords and 28 Commoners but few in it that understood the business of Ireland besides two Gentlemen whose Interest leading them to several Provinces much injur'd the equal management of the whole and he to whom the Provisions were entrusted order'd them at that rate as the complaint was great About May 1645. there were appointed Commissioners for Ulster Arthur Annesly Esq Sir Robert King and Colonel Beale a Citizen of London who were to carry with them 20000 l. in Money besides Provisions and Ammunition but the dispatch was so slow as they Landed not there till October besides some Commissioners should have joyned with them from Scotland who never came upon the Place so nothing could be orderly done in that the Scots by a late Treaty pretended a Right in the Government of Ireland which his Majesty in his Papers took just Exceptions against they long certainly having it in their Design to make themselves Masters of the North of Ireland since they fail'd of retaining any Interest in the Government in England But Troubles increasing in Scotland through Montross and Colonel Kittoâ—'s joyning together who had certainly taken Edinburgh but that the Plague was violent there several of the late Scotch Regiments were drawn from Ulster that more than what garrison'd Carickfergus Belfast Colrain and some other Places near the Sea-Coast where they committed the
Toleration of the Romish Catholick Religion had in truth prov'd for the extirpation of the Protestant when they should think fit to put the same in execution Nor was the only Argument and Excuse which they published for these Proceedings more reasonable than the Proceedings themselves which was That the Concessions and Promises made unto them by the Earl of Glamorgan were much larger and greater security for their Religion than those consented to by the Marquess Whereas in truth those Concessions and Promises made by the Earl as we have took notice were dis-avowed and dis-own'd by the Lord Lieutenant before the Peace was concluded and the Earl committed to Prison for his Presumption which though it produced some interruption in the Treaty yet was the same after resumed and the Peace concluded and proclaimed upon the Articles formerly mention'd so that the Allegation of what had been undertaken by the Earl of Glamorgan can be no excuse for their violating the Agreement afterwards concluded with the Marquess Whereby it appears let the most favourable Fucus imaginable be put upon it that though they released the Commissioners for the Treaty as justifiable yet Herod and Pilate were then made Friends each Party consenting to dam the Peace This last wonderful Act put a period to all Hopes of the Marquess of Ormond which Charity and Compassion to the Kingdom and Nation and his discerning Spirit would fain have cherisht in that in-evitable ruine and destruction both must undergo from that distemper of mind that possessed them and had so long boy'd them up against his experience and judgement And now those whose Natures Dispositions and Interest made them most averse to the Parliament of England grew more affrighted at the thoughts of falling under the Power of the Irish so that all Persons of all humours and inclinations who lived under his Government and had dislikes and jealousies enough against each other were yet united and reconciled in their opinions against the Irish. The Council of State besought the Lord Lieutenant to consider whether it were possible to have any better security from them for the performance of any other Agreement he should make than he had for the performance of that which they now receded from and disclaimed And since the Spring was now coming on whereby the number power and strength of their Enemy would be increas'd on all sides and their hopes of Succours was desperate and so it would be only in his election into whose power he would put those who had deserved as well from his Majesty by doing and suffering as Subjects could do whether into the hands of the English who could not deny them protection and justice or of the Irish who had not only dispoil'd them of all their Fortunes and prosecuted them with all animosity and cruelty but declared by their late carriage that they were not capable of security under them they therefore entreated him to send again to the two Houses of Parliament and make some agreement with them which would probably be for their preservation whereas with the other what-ever could be done it was evident it would be for their destruction That which amongst other things of importance made a deep impression in the Marquess was the knowledge that there had been from the beginning of these Troubles a Design in the principal Contrivers of them entirely to alienate the Kingdom of Ireland from the Crown of England to extirpate not only the Protestant but all the Catholicks who were descended from the English and who in truth are no less odious to the old Irish than the other and to put themselves into the protection of some foreign Prince if they should find it impossible to erect some of the old Families And how impossible and extravagant soever this Attempt might reasonably be thought in regard not only all the Catholicks of the English Extraction who were in Quality and Fortune much superiour to the other but many Noble and much the best and greatest Families of the ancient Irish perfectly abhorred and abominated the same writ some Yet it was apparent that the violent Part of the Clergy that now govern'd had really that intention and never intended more to submit to the King's Authority whosoever should be intrusted with it And it had been proposed in the last Assembly by Mr. Anthony Martin and others That they should call in some forreign Prince for protection from whom they had receiv'd Agents as from his most Christian Majesty Monsieur de Monry and Monsieur de Molin from his Catholick Majesty Don Diego de Torres his Secretary from the Duke of Lorrain Monsieur St. Katherine and from Rome they had Petrus Franciscus Scarampi and afterwards Rinuccini Archbishop and Prince of Fermo Nuncio Apostolick for Ireland whose exorbitant Power was Earnest enough how little more they meant to have to do with the King and as it would be thought gave no less an umbrage offence and scandal to the Catholicks of Honour and Discretion than it incensed those who bore no kind of Reverence to the Bishop of Rome to whom as their publick Ministers they sent their Bishop of Ferns and Sir Nicholas Plunket as before Mr. Richard Bealing to Spain they sent Fa. Hugh Bourk to Paris Fa. Matthew Hartegan and to the Duke of Lorrain by general Commission Theobald Lord Viscount Taaff Sir Nich. Plunket and Mr. Geoffry Brown some of whose Instructions we shall here give you that the Temper of that Council and the Affections of those Men what pretence soever veils their Designs may appear from the Instruments themselves Kilkenny 18. Jan. 1647. By the Supream Council and others the Lords Spiritual and Temporal here under-Signing and the Commons of the Confederate Catholicks of Ireland Instructions to be observed and by the Lord Bishop of Fernes and Nicholas Plunket Esq Commissioners appointed and authorized by and in the behalf of the Confederate Roman Catholicks of Ireland in the Court of Rome 1 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 of the Countrey which you are to enlarge and second by your own Expressions according to your knowledge and therefore desire in regard Ireland and Religion in it is humanely speaking like to be lost that his Holiness in his great Wisdom and Piety will be pleased to make the Preservation of a People so constantly and unanimously Catholick his and the Consistory of the Cardinals their Work And you are to pray his Holiness to afford such present effectual Aids for the preservation of the Nation and the Roman Catholick Religion therein as shall be necessary 2. You are to let his Holiness know That Application is to be made to our Queen and Prince for a settlement of Peace and Tranquillity in the Kingdom of Ireland And that for the effecting thereof the Confederate Catholicks
1647. they unanimously publish'd a Declaration to that end exactly drawn up with great Reason Perspicuity and Eloquence The time that the Marquis of Ormond agreed with the Parliaments Commissioners was near the time that the Army had gotten the King into their hands having taken him from Holmbey out of the custody of the Commissioners to whom the Scots had delivered him And the Marquis of Ormond at his arrival in England found so many specious pretences and professions publish'd by that Party which then had the whole Power of the Army and consequently of the Kingdom that very many believ'd his Majesties Affairs to be in no ill condition more seeming respect was paid to his Person and less restraint upon the resort of his faithful Servants to him than had been from the time that he first put himself into the Scots power The Army took upon them the Government of the Kingdom having solemnly declared That there could be no reasonable hope of a firm and lasting Peace if there were not an equal care to preserve the Interest of the King Queen and Prince as of the Liberties of the People and that both should be with equal care provided for together In this time of freedom and hypocritical compliance the Marquis had free liberty of repairing to the King where he gave him an account of all his actions and of the course he had taken for the reviving and preserving his Majesties Interest in Ireland by setling a Correspondence with many Persons of Honour there who would keep the two Houses of Parliament how great an advantage soever he had given them by the delivery up of Dublin c. into their power if they refus'd to return to his Majesties obedience from obtaining any absolute Dominion in that Countrey and who were most like to reduce the Nation from the Distemper with which they were transported and to incline them to that submission that was due from them to the King with all which his Majesty was very graciously and abundantly satisfied and gave the Marquis direction in case the Independent Army should proceed otherwise than they pretended how he should behave himself and comply with the Irish if he could reduce and dispose them to be instrumental towards his or their own delivery And when his Majesty discovered by the double dealing and hypocritical demeanour of the Officers of the Army of whom he had earlier jealousie than other men as seeing farther into their dark Design the little good they meant him he found it fit to receive some Overtures from the Scottish Commissioners who were still admitted to reside at London and to bear a part in the Managery of the Publick Affairs and now plainly saw that the Independent Army which they had so much despised was grown superiour to them and meant to perform nothing less than what they had so Religiously promised before the King was delivered up at Newcastle The King hereupon commands the Marquis of Ormond to confer with the principal Persons of that Commission who seem'd very sensible of the dishonour their Nation had incurr'd and resolved by uniting the power of that Kingdom for his Majesties Service to undo some of the mischief they had wrought And desired that the Marquis of Ormond would likewise transport himself into Ireland to try once more if he could compose the humours of that People to his Majesties obedience that so those two Kingdoms being entirely reduc'd to their duty might with that assistance they were like to find in England perswade the violent Party to comply with those moderate and just Conclusions which would establish the Peace and Tranquility of the whole in a full happiness to Prince and People And from hence was that first Engagement design'd which was afterwards so unfortunately conducted by the elder Duke Hamilton and concluded with the ruine of himself and of many Worthy and Noble Persons When the Army had by their civil and specious carriage and professions disposed the Kings Party to wish well to them at least better than to the Presbyterians who seem'd to have erected a Model of a more formid and insupportable Tyranny and were less endu'd with the appearances of Humanity and good Nature and had by shuffling themselves into new shapes of Government and admitting Persons of all Conditions to assemble and make Propositions to them in order to the publick Peace given encouragement to most men to believe that all Interests would in some degree be provided for and so had brought themselves into an absolute Power over all Interests they began to lessen their outward Respects and Reverence to the King to inhibit some of his Servants absolutely to resort to him and more to restain the frequent access of the People who out of their innate Duty and Affection delighted to see his Majesty they caused reports to be raised and scattered abroad of some intentions in desperate persons of violence upon his Majesties Person and upon this pretence doubled their Guards and put Officers of stricter vigilance and more surly disposition about him so that whatsoever he said or did or was said unto him was more punctually observed The Marquis of Ormond was look'd upon with a very jealous eye and was forbid to continue his attendance on him or to come within 25 miles of London and that Article in the Agreement at the delivery of Dublin viz. That he should engage his Honour not to act any thing to the prejudice of the Parliament in a twelvemonth there was an intention to put him in mind of by a Letter from the Committee at Derby-house but before the Messenger came where he had been near Bristol he knowing of the King 's being close Prisoner in Carisbrook-Castle and that it would be to little purpose to contest his Articles with the Parliament privately shipt himself away for France where he arrived safely about the end of the year 1647. having spent in England little more than six months For a time we must leave the Marquis in France and return to Colonel Jones in Dublin who with those Forces that were left there by the Marquis of Ormond and such as he brought and received out of England amounting in all to 3000 marched against Colonel Preston approaching with his Leimster Forces to infest Dublin and met him about 12 miles from Dublin who having gotten great advantage of ground routed Jones killed many of his men and took not a few Prisoners Jones himself escaping with much difficulty to Dublin Whether upon this accident or otherwise I cannot determine but great divisions then arose betwixt the old English who had Preston for their General and the old Irish who had Owen Roe O Neal for theirs The old English had a gallant Army consisting of near 10000 Foot and Horse well Arm'd and well Disciplin'd who thought that if they would offer themselves Instruments to destroy the old Irish they might at any time have good Conditions from England therefore under
declar'd by the Council together with Owen Roe O Neal's offer to drive Inchequin quite out of Munster at his own charge and at the charge he would force out of those parts by his Souldiers But at this time Inchequin was in a deeper Correspondence with the Scots Nation which way Ormond was also to biass his Designs The Nuncio thus disappointed called a new assembly of his Clergy compos'd of Hugh O Rely Primate of Ireland Thomas Fleming Archbishop of Dublin Thomas Welsh Archbishop of Cassel John de Bourk Archbishop of Tuam and ten Bishops who unanimously declared That this Cessation of Arms was much prejudicial to the Catholick Religion and could not be embraced in Conscience and so Excommunicated all that adher'd thereto Hitherto the Council had born it self with some respect toward the Catholick Church remembring the Clemency us'd by the Nuncio in delivering some of them from Prison but upon this last Excommunication they so threatned him that he was forced to go privately from Kilkenny to a Castle where Preston by order of the Council following he fled to Gallway and called there a National Council to pacifie the Troubles of the Kingdom which the aforesaid Council endeavour'd to hinder forbidding the appearance of the Clergy taking hold of divers Ecclesiastical Persons of his houshold imprisoning them So that the Nuncio despairing of re-establishing of the Affairs of the Catholicks and having information That Ormond had resolv'd with all his Forces to advance the Protestant Religion and to destroy all opposers and that the Supream Council of Catholicks had declar'd their departure from the League with their Confederates he departed arriving in France In the interim Owen Roe judging that he could not in conscience joyn his Armies any longer with a Party that called it self Catholick and yet chas'd away the Nuncio declar'd his separation from them until they recal the Nuncio and endeavour to obtain a Catholick Vice-Roy and execute in all other points the Oath they had taken This was taken very ill by the Marquess of Ormond and his Council who charg'd O Neal with a Design under colour thereof to oppose the Affairs of the King which occasion'd him to object to them not the aforesaid Oath but a particular Declaration which he had published where he with all his Officers profess That they intend onely to re-establish the Catholick Religion the Liberties of the Kingdom and the Prerogatives of the King in their former Glory and Splendor The Ormond Party Catholick being in such perplexity by reason of these differences and their sleighting the Nuncio appeal'd to his Holiness but from Rome it is certified That the Pope well understanding their deportment refused to give Audience before he had heard his Nuncio Who in the end rather receiv'd a Check as before is mention'd then an Approbation from his Holiness for what he had done in Ireland And now as to the difference betwixt their Generals and our Proceedings thereupon Colonel Jones finding the Distractions amongst the Rebels to grow very high and that the old English under the Marquess of Clanrickard had taken the Castle of Athlone and other Places from Owen Roe and that Athy was besieged by Colonel Preston and Owen Roe came up to Relieve it and burnt and spoil'd the Countrey thereabouts thought it high time to be stirring out amongst them and thereupon sent out some of his Forces which took in the Garrisons of the Nabber and Ballihoe formerly surprized by the Rebels But yet not having his Provisions come from England durst not himself stir forth till he had sufficiently secured Dublin which in the first place he began more strongly to Fortifie that it might receive no prejudice in his absence About which time Flemming an active Officer among the Rebels took in Cruces Fort and Killaloe two Garrisons in Pudsonbyes Quarters Next Jones secured Sir Maurice Eustace Colonel Gifford Capron Flower Willoughby and several others who continuing their affection to the Marquess he suspected and by Order of the Committee of Derby-House sent them to the Castle of Chester detaining Colonel Byron and Sir Thomas Lucas Prisoners at Tredagh suspecting these would deliver him and the City to the Marquess of Ormond then every day expected Lord Lieutenant out of France The Scots Army under Duke Hamilton about this time entered England to whose Proceedings Major General Monro sent over into Scotland his Son or Nephew George Monro with 2000 Foot and 600 Horse as Sir Robert Stewart his Son with a Troop and Sir Fred. Hamilton his with a Regiment and several others disaffected to the Parliament of England in hope to settle with advantage there By which means Belfast Carrigfergus and Colrain were left very weak and much un-guarded which Colonel Monk finding and understanding how contrary to all compact Monro had dealt with the Parliament of England in sending over the Forces maintain'd by them in Ireland to fight against them in England he began to think of some means to make himself master of those Towns he was at present at Lisnegarvy and prepared a Party to go out to make an inroad into the RebelsQuarters he march'd away in the morning but having sent some Persons of trust to remain near Carigfergus to attend his advance thither he return'd in the night over the mountains and came at break of day to the Gates of Carigfergus which he found open and so enter'd without resistance he seiz'd upon Major General Monro and sent him Prisoner into England where he was by the House of Comons committed to the Tower Colonel Monk having thus seized upon Carigfergus caus'd some Horse to march presently away to Belfast which was surrendred into his hands by the Governor and so was likewise Colrain so as he presently became Master of all those Towns disbanding and sending away most of those Forces into Scotland which oppos'd the Parliament and hindred those broken Troops of Monro's which fled out of England upon Duke Hamiltons defeat at Preston in Lancashire from returning into Ireland and did use all means to settle the Country in such a posture as that the Interest of the Parliament might be secur'd there He planted Garrisons upon the Frontiers of Ulster to hinder the incursions of the Rebels and he gave the Quarters the Scots had to such of the British as he found faithful to the service This was about September 1648. a Service very acceptable in England in manifestation whereof the Parliament sent him 500 l. and made him Governor of Carigfergus by an Order of the 4th of October and sent over Cloaths for some of those Scottish Regiments which came into him and 5000 l. in Money for the two Provinces of Ulster and Connaght to be equally divided Sir Charles Coot there being very active not long after took in the strong Fort of Culmore near Londonderry seizing on at the same time Sir Robert Stewart whom he sent Prisoner to the Parliament upon which the Scots Mutinied but
opinion that all that was done both by Sir Charles Coot and Colonel Monk was transacted by the privity if not consent of the Grandees in England but the Grounds to fasten this upon them could never be found though the business hath been narrowly search'd into Known it was that there was a Person sent over and many Overtures made by a Priest O Rely to the Committee of Derby-house but with whatreception the certainty yet remains in the Clouds However Sir Charles Coot having by this means delivered himself from the straitness of a Siege and having received some new supplies of Men and Provisionsout of England Colonel Hunks being sent from Cromwel with Forces to his Relief presently marched out and clear'd the Countrey about him and afterwards in October got such a strength together as he went to Colerain and took in that Town by Anslat and so went on to the Siege of Carigfergus However he so resents the Parliaments slow supplies as in June this year there is exhibited his complaint truly a sad one in reference to their neglect and in conclusion desires either to be suppli'd answerable to his condition or to be discharg'd from his Employment But to look backwards All the Places of Moment near Dublin being as we have shew'd reduc'd by the Marquis Ormond's Party who on the 24th of July took a view of his whole Army and found it to consist of no less than 7000 Foot and about 4000 Horse others write more which though a good Force was not equal to the work of forming a Regular Siege of so large and populous a City as Dublin and as unfit to storm it therefore it was resolv'd still to continue the former design of straitning it until the necessities within abated the obstinacy of that People for the better doing whereof the Lord Viscount Dillon of Costiloe was appointed to remain still on the North-side of the Town with a Body of 2000 Foot and 500 Horse to block it up having two or three small Places of strength to retire to upon occasion and that the Sea as far as his Power might extend might not be unprovided his Excellency granted Letters of Mart the 6th of July signed by Secretary Lane to Captain Joseph Containe of Waterford and others And then the Lord Lieutenant march'd with the remainder of the Army over the River of Liffy to the South-side to a Place called Rathmines where he resolved to Incamp and from whence by reason of the narrowness of the River he might discourage an attempt of sending Relief into the Town by Sea from England And in truth if he had come time enough to have rais'd a Work upon the Point some interruption might have been given to that Enterprise but it pleased God that that very same day the 25th of July the Marquis marched thither in sight of his Army a strong gale of Wind from the East brought into Dublin Harbour Colonel Reynolds Colonel Hunks and Colonel Venables with a good supply of Horse viz. 600 and 1500 Foot Money and all other necessaries whereof the Garrison stood in need which marvellously exalted the spirits of those who were devoted to the obedience of the Parliament and depressed the minds of them who watched all opportunities of doing service to the King There were then in Dublin 5000 Soldiers besides Inhabitants However the Marquis pursued his resolution and encamped that night at Rathmines and the next day made himself strong there till upon information he was sure to receive an account of the state and condition of the Enemy that he might better conclude what was next to be done There were many men within the City who found means to send the Marquis still advertisement of what was necessary for him to know some Ships which brought Supplies for the Parliaments Forces there brought likewise intelligence from those that wished well to the Kings service unto the Lord Lieutenant and unto other Persons of Honour that were with him and from several Persons of known Integrity and who were like enough to know what was transacted in the Councils of the Parliaments Party It was informed that this Supply which was already landed at Dublin was all that was intended for that Place and believed it to be sufficient to defend it against any Army the Marquis could bring to attaque it and that Cromwel who was known to be ready in England to Embarque with a great Army meant to land in Munster a Countrey but lately fall'n from their Devotion and where there were still many inclined to him and thereby to compel the Lord Lieutenant to rise from Dublin And it is very true that at that time Cromwel was resolv'd to have proceeded in that manner after he had with much seeming difficulty been brought to accept of the Place the Presbyterians laying Wagers he would never come and the Independents sought to divert him from it by their unexpected Mutinies on a Tenent That all were to enjoy their own Principles Yet upon this joynt intelligence of Cromwel's advance for it came from some Persons to the Lord Lieutenant and from others to the Lord Inchiquin it was upon consultation with the General Officers concluded absolutely necessary that the Lord Inchiquin being Lord President of Munster should immediately with a strong Party of Horse repair into that Province whereby at least the Garrisons there might be supported against any sudden attempt of the Enemy if they should land there and that the Army being thus weakned by the Quality as well as the Number of this Party who were the best Horse of the Body the Lord Lieutenant should retire to Drumnagh being a Quarter of greater strength and security than that of Rathmines was or could be made and was at such distance as might as well block up the Enemy as the other and from thence an interrupted Communication might be held with that Party which encamp'd on the North side of the River And upon this Conclusion the Lord Inchiquin departed towards Munster When it was known that his Excellency was to retire the Officers and Soldiers expressed much trouble and seem'd to believe the reducing of the Town not to be a matter of that difficulty as was pretended if they could hinder the Parliamentarians Horse from grasing in the Meadows near the Walls which was the onely Place they were possessed of to that purpose they could not be able to subsist five days and it would be in their power to take that benefit from them if they possess'd themselves of the Castle of Baggatrath very near adjoyning to that Pasture which was already so strong that in one night it might be made sufficiently fortifi'd And this discourse which was not indeed unreasonable got so much credit that the Council of War intreated the Marquis to decline his former resolution of retiring to Drumnagh the Earl of Castlehaven General Preston Sir Arthur Aston and Major General Purcel having viewed Baggatrath and assured the Lord
Deputy General or such Guards as he shall appoint not exceeding one hundred men for Johns Gate this day by Sun-Jet and for performance hereof the above-named Lieutenant Colonel Piers Lacy Lieutenant Colonel Donogh O Brion Alderman Dom. White and Nicholas Haly Esquires shall remain as Hostages with the said Deputy General until the surrender of the said City 2. That in consideration hereof all persons now in the City except such as are hereafter excepted shall have Quarter for their Lives liberty of their Persons their Cloathes Money and other Goods so as to be free from Pillage Plunder or other hostile violence in their Persons or Goods during their continuance under the said Deputies safe conduct or protection by vertue of the ensuing Articles respectively But whereas through the practices of some Persons more eminent and active than the rest both amongst the Clergy Military Officers and Citizens and other sorts of men which in the large Conditions formerly tendred for surrender have been rejected the subsequent occasions or opportunities for timely making of Conditions neglected and avoided the dispositions and desires of many Persons within to that purpose opposed resisted and restrained and the generality of the People partly deluded and deceived to the keeping of them in vain expectations of relief from one time to another and partly over-awed or enforced by their power to concur and contribute thus long to the obstinate holding out of the Place therefore the Persons hereafter named with Major General Hugo O Neil the Governour Major General Purcel Sir Jeffery Gallaway Lieutenant Colonel Lacy Captain George Wolfe Captain Lieutenant Sexton the Bishop of Emly John Quillen a Dominican Frier David Roch a Dominican Frier Captain Laurence Welsh a Priest Francis Wolfe a Franciscan Frier Philip O Dwine a Priest Alderman Dom. Fanning Alderman Thomas Stretch Alderman Jordan Roach Edmond Roach Burgess Sir Richard Everard Doctor Higgen Maurice Baggot of Baggots-town and Jeffery Barron being as aforesaid the principal appearing in such practices in this Siege and the holding out so long as also Evan the Welsh Soldier who ran into Limerick and all other persons that have been employed and come into the City as Spies since the fourth day of June last shall be excepted and excluded from any benefit of this Article or any Article ensuing and such of them as can be found within the Garrison shall be rendred up at mercy upon the surrender of the City And any such Person or Persons as shall be found to hide or conceal any of the said excepted Persons or be privy to their concealment or attempt of escape and not discover or do their best endeavour to prevent the same shall thereby be understood to have forfeited the benefit of these Articles to themselves but otherwise none shall lose that benefit for other mens default in their concealment or escape or for the not rendring them up as aforesaid 3. That all Officers Soldiers and all other persons now in the City not excepted in the last precedent Article shall also have liberty to march away with their Clothes Bag and Baggage Money and all other their Goods of what kind soever except Arms Ammunition and other Utensils of War carrying nothing but their own to what Place or Places they shall choose respectively within the Dominion of Ireland not being a Garrison for the Parliament all the Field-Officers of Horse and Foot and Captains of Horse with their Horses Pistols and Swords and other the Commissioned Officers with their Swords onely and shall have three months time after the surrender to remove any Goods of their own that they shall not think fit soever to carry with them And such of them as shall choose to go to any Garrison or Parties of the Enemy shall have Convoy or safe Conduct for that purpose for such time as shall be requisite for their march at the rate of ten miles a day and shall have Carriages and Provisions allowed from the Countrey at the usual Rates 4. That such of the Citizens and Inhabitants interested in the City as are not excepted in the second Article and shall not presently march as aforesaid but desire to continue longer in the City shall upon application for that purpose to the said Deputy General or the chief Officer commanding in Limerick after the surrender have license given them to stay either for such further time as the said Deputy General or the said chief Officer present shall find convenient or until further warning given them to depart and in case of such license given till further warning shall have four months time allowed from and after such warning for the removal of themselves and their Families and six months for the removal of their Goods and during such further time limited or in case of reference to further warning during their continuance there to the time of warning given and for the said four months and six months after respectively shall be protected in their Persons Families and Goods from all injury and violence and at any time as they shall desire which in the said space or spaces respectively shall have liberty and safe conduct for the removal of themselves their Families and Goods to any Place or Places within this Dominion not being Garrison'd for the Parliament as aforesaid and if they shall not be admitted to reside elsewhere in protection within this Dominion they shall have liberty for themselves their Wives Children and Goods to pass beyond the Seas Provided that they pay their due proportion of what Taxes and other Contribution shall be charged upon the City from the day of the surrender to the day of the removal in due proportion with other Places in Ireland and behave themselves as becomes And such of the said Citizens and Inhabitants as having not license to stay until further warning shall within a month after the surrender be ordered to depart shall have the same benefit of the third Article as those that march away immediately upon the surrender 5. That all such Persons now in the City as shall desire to live peaceably and submit to the Parliament of England except the Persons excepted in the second Article aforegoing and except all Clergy-men Priests and Friers of any Order shall upon their application to that purpose have protection to live quietly at any such Place or Places within this Dominion as they shall desire and the said Deputy-General find convenient to admit But such Protection shall not be understood to extend either to the assuring of them either in the enjoyment of their Lands or other Hereditaments or to the granting of other indempnity or freedom from question or prosecution to Justice in a Judicial way for any Crimes they may be guilty of except to such as shall be found fit to have that mercy and favour expresly granted to them or to others for a certain time to be limited for that purpose but to such as shall have protection for a limited time either
1652. The first Court of this nature whereof Justice Donnelan an Irish Native was President and Commissary General Reynolds and Justice Cook Assistants was at Kilkenny the 4th of October where the Supream Council of the Rebels sate in 1642. The Lord Lowther's Speech at the Opening of the High Court of Justice at the Trial of Sir Phelim O Neal. YOu have well understood how that by this Commission which hath now been read the Right Honourable the Commissioners of the Parliament of the Common-wealth of England for the Affairs of Ireland by vertue of the Power and Trust committed to them have here erected constituted and appointed a High Court of Justice And have constituted and appointed Persons therein nominated or any 12 or more of them to be Commissioners and Judges of the said Court And have authorized them to make inquisition for Blood and that in three main Points 1. To hear and determine all Murthers and Massacres of any Protestant English or other Person or Persons whatsoever within this Nation done or committed by any Person or Persons whatsoever both principal and accessaries who since the 1st day of October 1641. have killed slain or otherwise destroyed any Person or Persons in Ireland which at the time of their being so killed slain or destroyed were not publickly entertained and maintained in Arms as Officers or private Souldiers for and on the behalf of the English against the Irish. 2. To hear and determine the Charges Crimes and Causes of all and every Person and Persons both principal and accessaries who since the said 1st day of October 1641. have killed or destroyed any Person or Persons entertained or maintained as Officers or private Souldiers for and on the behalf of the English against the Irish the said Person so killing or destroying not being then publickly entertained and maintained in Arms as Officers or private Souldiers under the Command and Pay of the Irish against the English 3. To hear and determine the Charges Crimes and Causes of all such Persons that have killed or slain or otherwise destroyed any Person or Persons after Quarter given contrary to the Rules of War And to bring to Trial Judgement and condign punishment the Principals and Accessaries to those Crimes that is to say the Actors Contrivers Councellors Advisers Promoters Abettors Aiders and Assisters of any the said Murthers Massacres or killing after Quarter given contrary to the Rules of War This Commission doth likewise furnish the Commissioners with all necessary Powers requisite for this great Service and necessarily conducing to these Ends. By this Commission we may well observe for the comfort of all the good and faithful People of this Land the Justice and Wisdom of the High Court of Parliament of the Common-wealth of England and of their Right Honourable Commissioners here for the Affairs of Ireland 1. Their Justice in bringing these Crimes to Trial. 2. Their Wisdom in ordering this honourable just and equal form of Trial. 1. Their Justice and zeal of Justice appears in this That in all their Treaties and Articles concerning Ireland they would never admit of any the least hope of impunity for these barbarous and cruel Murthers and Massacres and breach of Quarter nor of any thing that might give impediment unto the faithful and impartial inquisition after all that innocent Blood which the merciless Murtherers have wickedly shed in this Land 2. Their Justice and zeal of Justice appears in that they have omitted nothing too dear to them But have with admirable charge resolution and contancy overcome all hazards and perils and have with a vast expence of English Blood and Treasure prosecuted this War which was but an execution of Justice to this conclusion and effected this fair and impartial inquisition for innocent Blood to put away innocent Blood from the Land for our righteous God the righteous Judge of Heaven and Earth hath revealed it in his holy Scripture that he will not have such wickedness to pass without condign punishment For there are three things which the Lord hates viz. Oculos sublimes Linguam mendacem Manus effundentes innoxium sanginem Prov. 6. 17. Their Wisdom appears in this 1. In that as good Husbandmen they prepare the re-plantation of the Land by rooting out the noisom Weeds that always would over-grow and destroy the good Corn as we have found by sad Experience And certainly both in Religion and Prudence it is undoubtedly necessary to clear the Land by Justice of this innocent Blood the innocent Blood of Christians most wickedly and cruelly shed upon the Land against the Laws of God and Man of Nature and of Nations the Laws of the Land and the Rights and Rules of War and the Bonds of Humanity and humane Society 2. In ordering this form of Trial by an High Court of Justice for the impartial inquisition trial and condign punishment of these Murthers Massacres and breach of Quarter For 't is manifest to any Man of sound judgement and right knowledge in the Law That that ancient and excellent Trial at the Common Law by Juries Freeholders of the proper Counties and Hundreds or Baronies where the Facts were done was neither convenient nor possible for the decision of these Causes as the present Constitution of the Common-wealth now is Where now can these numbers of indifferent Jurors be had Liberi legales Homines free from all exceptions and challenges out of which the Juries may be equally impannell'd for the trial of the Prisoners that are or shall be charged with these Crimes How can all the effectual Forms absolutely requisite to that Trial be observed in all these Cases if we do but consider the legal Challenges both for the Common-wealth and for the Prisoners to the Array to the principal Pannel to the Pales the peremptory Challenges the Challenges for Causes inducing favour or affection hatred or enmity or for Crime and how in that course could rightly be the Trial of the Articles of War So that that course of Trial not being now apt for the decision of these Causes The Commissioners of Parliament have in wisdom and prudence erected and constituted this Fair Honourable Equal and Indifferent course of Trial by erecting an High Court of Justice for the hearing and determining of these Causes Wherein are Soldiers for the Articles Rules and Laws of War Judges for the knowledge of the National Laws others that have Cognizance of the Civil Laws and other Men of great Experience Reason and Judgment and all of them Men of Honour and Integrity to be the Triers and Judges in these Cases Having thus far opened the Commission and manifested this form and course of Trial to be Honourable Just and Equal I conceive it requisite a little to consider the Laws against Murther which are to be as Land-marks and Guides to direct and lead us in the right way of Judgment in this great Work and Service Let us take a brief view of the Laws of God held forth
required to be aiding and assisting in the execution of this Our Proclamation as often as occasion shall require Given at our Court at Whitehal the first day of June 1660. in the Twelfth Year of Our Reign Afterwards assoon as such matters for so great a Business could be brought about his Majesty the 8th of May summon'd a Parliament at Dublin in which passed the great Act of Settlement after that his Majesty had published the 30th of November 1660. His Gracious Declaration for the settlement of his Kingdom of Ireland and satisfaction of the several Interests of Adventurers and Souldiers and other Subjects there wherein as to the Irish first such are considered as came in upon the Cessation secondly those who honestly and faithfully performed what they promised in the Peace and thirdly such as being beyond Seas cheerfully receiv'd and obeyed his Majesties Commands abroad all which are comprehended in several Articles proceeding from these Heads and the Souldiers and Adventurers by themselves These also who had the Fortune whether through Loyalty or Suspicion that they were not able to bear up against the English Interest to withstand the Nuncio have in the Act of Settlement their Fortunes and themselves secur'd memorable to Posterity who being fewer then those that bowed not their knees to Baal in Israel we cannot but mention it being a Reward for their eminent Sufferings And because the voice of a Parliament next to the delivery of the Law from Mount Sinai ought to impress the greatest Reverence on the heart and affections of the People I shall here present you with the Preamble to the Bill of Settlement in Ireland 1662. which in brief commits that to Posterity no Paint can ever Palliate An Act 14 Carol. 2. WHereas an unnatural Insurrection did break forth against your Majesties Royal Father of ever blessed memory his Crown and Dignity in this your Majesties Kingdom of Ireland upon the 23. of October in the year of our Lord God 1641. and manifest it self by the Murthers and Destruction of many thousands of your said Majesties good and loyal Subjects which afterwards universally spreading and diffusing it self over the whole Kingdom setled into and became a formed and almost National Rebellion of the Irish Papists against your Royal Father of blessed memory his Crown and Dignity to the destruction of the English and Protestants inhabiting in Ireland The which Irish Papists being represented in a General Assembly chosen by themselves and acting by a Council called by them The Supream Council of the Confederate Roman Catholicks of Ireland did first assume usurp and exercise the Power of Life and Death make Peace and War Levy and Coin Money and many other Acts of Soveraign Authority Treating with Foreign Princes and Potentates for their Government and Protection and afterwards acted under a Foreign Authority by all the said ways disowning and rejecting your Royal Fathers and your Majesties undoubted Right to this Kingdom even while they treacherously used his and your Majesties Names in the outward forms of their Proceedings withal impiously seeming by words and shews to swear unto that which by the whole Series of their Deeds they denied And moreover presuming to pretend his late Majesties Sacred Authority even for their worst actions all which they did amongst other their evil Designs to frighten his good Protestant Subjects from their Loyalty to blast his Majesties Honour and to widen the Breach between his said Majesty and his seduced Subjects in England The which Ends by their said wicked Stratagems they did too successfully and mischievously effect Before this Preamble to the Act of Settlement pass'd the Irish by their Agents in England had an unusual Favour of inspecting that Bill and objecting what they thought fit which they did in the presence of the Commissioners sent out of Ireland by the Convention and Lords Justices and Council even before his Majesty his Council and the Committee of Lords for the Affairs of Ireland to that end especially appointed The debate continuing touching this grand Instrument from the 8th of July 1661. till March following in which the Irish most insisted against the Preamble for that it seem'd to involve the whole Nation in the first designing and raising of the late Rebellion in Ireland and in the barbarous Circumstance thereof whereas they would pretend it was onely the act of a few Persons of broken fortunes followed with the rude multitude c. Praying that nothing might be contain'd in that Preamble in Derogation to his Majesties Articles of Peace or the blemish of his Majesties Loyal Catholick Subjects delivering in at the same time their Reasons against previous Reprisals the variances between the Declaration and Act of Settlement and their defence for their Articles of Peace Insisting much upon their Loyalty after the Lord Lieutenants departure the Catholicks unanimously in their Assembly joyning if you dare credit their reports with the Lord Deputy to oppose the Usurpers as the best means to divert the Parliament from preventing the Kings Designs in England and Scotland for which his Majesty as they say return'd them thanks they rejecting then many advantagious offers from Ireton though they were in a low Condition and so continued faithful till the Lord Deputy was driven to the Mountains and they at liberty to compound for themselves many of which went beyond-Sea to serve his Majesty All which they insist on as a great test of their Loyalty whereas it can never be made evident as is alledged that Proposals were made to that Assembly by the Usurpers and refused by them for the enjoyment of their Rights Priviledges and Inheritances alike with others under their Government for indeed such Proposals were never made nor offered to them in their most flourishing Condition but it is confessed such Terms were tendred and refused by them as were agreeable to a conquering Army to give as that of the Usurpers then was and to a broken scattered Party to expect as the other was being then reduced to Bogs and Woods as their best Holts and yet the Terms so offered and rejected by the Assembly together were soon after embraced by all of them divided into Parts on which they submitted and laid down Arms having by their Conditions liberty to transport themselves into Foraign Parts or to stay in the Kingdom And therefore it doth no more consist with their Honour then with Truth to say they were forced by banishment to an opportunity of serving his Majesty beyond-Seas from whence they date their Merits from him which was more then his late Majesty of blessed memory could obtain from them although obliged thereunto by Allegiance and Articles when his Distress and their Power were sublimated to the highest Pitch and his Prerogative lay at the stake as he did often complain of The Commissioners from the Lords Justices and Council besides this produced the Instructions of the Supream Council to their Agents for Rome France Spain offering the Crown to either
through the World ever equall'd it in the Circumstances that accompanied the Butcheries Massacres Cruelties yea the mercy of the Rebels in that War though in the end fatal to the Irish themselves above any thing that ever befel that Nation so as the greatness of their Sufferings may well testifie the remarkableness of their Crimes sutable to the innocent blood they had barbarously shed and the devastations they had made of a most flourishing and well setled Kingdom APPENDIX I. Fol. 10. Questions wherein the House of Commons humbly desires that the House of the Lords would be pleased to require the Judges to deliver their Resolutions INasmuch as the Subjects of this Kingdom are Free Loyal and Dutiful Subjects to his Most Excellent Majesty their Natural Leige Lord and King and to be governed only by the Common Laws of England and Statutes of force in this Kingdom in the same manner and form as his Majesty's Subjects of the Kingdom are and ought to be governed by the said Common Laws and Statutes of force in that Kingdom which of right the Subjects of this Kingdom do Challenge and make their Protestation to be their Birthright and best Inheritance Yet inasmuch as the unlawful Actions and Proceedings of some of his Majesties Officers and Ministers of Justice of late years Introduced and Practised in this Kingdom did tend to the Infringing and Violation of the Laws Liberties and Freedom of the said Subjects of this Kingdom contrary to his Majesties Royal and Pious intentions Therefore the Knights Citizens and Burgesses in Parliament Assembled not for any doubt or ambiguity which may be conceived or thought of for or concering the Premises nor of the ensuing questions but for manifestation and declaration of a clear Truth and of the said Laws and Statutes already planted and for many Ages past setled in this Kingdom The said Knights Citizens and Burgesses do therefore pray that the House of the Lords may be pleased to command the Judges of this Kingdom forthwith to declare in Writing their Resolutions of and unto the ensuing questions and subscribe to the same 1. Whether the Judges of this Kingdom be a Free People and to be governed only by the Common Laws of England and Statutes of force in this Kingdom 2. Whether the Judges of this Land do take the Oath of Judges And if so Whether under pretext of any Act of State Proclamation Writ Letter or direction under the Great or Privy Seal or Privy Signet or Letter or other Commandment from the Lord Lieutenant Lord Deputy Justice Justices or other Chief Governour or Governours of this Kingdom they may hinder stay or delay the Suit of any Subject or his Judgement or Execution thereupon If so in what Cases and whether if they do hinder stay or delay such Suit Judgement or Execution thereupon what punishment do they incurr for their deviation and transgression therein 3. Whether the King's Majesties Privy Councel either with the Chief Governour or Governours of this Kingdom or without him or them be a place of Judicature by the Common Laws and wherein Causes between Party and Party for Debts Trespasses Accounts Portions or Title of Lands or any of them and which of them may be heard and determined and of what Civil Causes they have Jurisdiction and by what Law and of what force are their Orders and Decree in such Cases or any of them 4. The like of the Chief Governours alone 5. Whether Grants of Monopolies be warranted by Law and of what and in what Cases and how and where and by whom are the pretended trangressions against such Grants punishable and whether by Fine mutilation of Members Imprisonment Loss and forfeiture of Goods or otherwise and which of them 6. In what Cases the Lord Lieutenant Lord Deputy or other Chief Governour or Governours of this Kingdom and Councel may punish by Fine Imprisonment mutilation of Members Pillory or otherwise and whether they may Sentence any to such the same or the like Punishment for infringing the Commands of or concerning any Proclamation of and concerning Monopolies and what Punishment do they incurr that Vote for the same 7. Of what force is an Act of State or Proclamation in this Kingdom to bind the Liberty Goods Possessions or Inheritance of the Natives thereof whether they or any of them can alter the Common Law or the Infringers of them loose their Goods Chattels or Leases or forfeit the same by infringing any such Act of State Proclamation or both what Punishment do the sworn Judges of the Law that are Privy-Councellors incurr that Vote for such Acts and Execution thereof 8. Are the Subjects of this Kingdom subject to Marshal Law and whether any man in time of Peace no Enemy being in the Field with Banners displayed can be sentenced to Death If so by whom and in what Cases If not what Punishment do they incurr that in time of Peace execute Marshal Law 9. Whether voluntary Oaths taken freely before Arbitrators for affirmance or disaffirmance of any thing or for the true performance of any thing be Punishable in the Castle-Chamber or any other Court and why and wherefore 10. Why and by what Law and by what rule of Policy is it that none is admitted to reducement of Fines and other Penalty in the Castle-Chamber or Councel-Table untill he confess the Offence for which he is censured when as revera he might be innocent thereof though suborned Proofs or circumstances might induce a Censure 11. Whether the Judges of the Kings-Bench or any other Judge of Goal-delivery or of any other Court and by what Law do or can deny the Copies of Indictment of Felony or Treason to the Parties accused contrary to the Law 12. What Power have the Barons of the Court of Exchequer to raise the respit of homage arbitrarily to what rate they please to what value they may raise it by what Law they may distinguish between the respit of homage upon the diversity of the true value of the Fees when as Escuage is the same for great and small Fees and are approportionable by Parliament 13. Whether it be Censurable in the Subjects of this Kingdom to repair into England to appeal unto his Majesty for redress of Injuries or for other lawful Actions if so why and in what condition of Persons and by what Law 14. Whether Deans or other Dignitaries of Cathedral Churches be properly and de mero Jure Donative by the King and not Elective or Collative If so why and by what Law and whether the Confirmation of a Dean de facto of the Bishops grant be good and valid in Law or no if not by what Law 15. Whether the issuing of Quo warrantoes out of the Kings-Bench or Exchequer against Bourroughs that antiently and recently sent Burgesses to Parliament to shew cause why they sent Burgesses to the Parliament be legal if not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and
Chamber and about nine of the Clock Mr. Moore and Captain Fox came to me and told me all was discovered and that the City was in Arms and the Gates were shut up and so departed from me And what became of them and of the rest I know not nor think that they escaped but how and at what time I do not know because I my self vvas taken that Morning APPENDIX III. Fol. 30. By the Lords Justices and Council W. Parsons Jo. Borlase WHereas We the Lords Justices and Council have lately found that there waas a most disloyal wicked and detestable Conspiracy intended and plotted against the Lives of Us the Lords Justices and Council and many others of his Majesties faithful Subjects especially in Ulster and the borders thereof and for the surprizing not only of his Majesties Castle of Dublin his Majesties principal Fort but also of other Fortifications in several parts and although by the great goodness and abundant mercy of Almighty God to his Majesty and to this State and Kingdom these wicked conspiracies are brought to light and some of the Conspiracies committed to the Castle of Dublin by Us by his Majesty's Authority so as those wicked and damnable plots have not taken effect in the chief parts thereof yet some of those wicked Malefactors have surprised some of his Majesty's Forts and Garrisons in the North of Ireland slain divers of his Majesty's good Subjects imprisoned some and robbed and spoiled very many others and continue yet in those Rebellious courses against whom therefore some of his Majesty's Forces are now marching to fight against them and subdue them thereby to render safety to his Majesty's faithful Subjects And whereas to colour and countenance those their wicked Intendments and Acts and in hope to gain the more numbers and reputation to themselves and their proceedings in the opinion of the ignorant common people those Conspirators have yet gone further and to their other high Crimes and Offences have added this further wickedness even to traduce the Crown and State as well of England as Ireland by false seditious and scandalous reports and rumors spread abroad by them We therefore to vindicate the Crown and State of both Kingdoms from those false and wicked calumnies do hereby in his Majesty's name publish and declare that the said reports so spread abroad by those wicked persons are most false wicked and triterous and that We have full Power and Authority from his Majesty to prosecute and subdue those Rebels and Traytors which now We are doing accordingly by the Power and Strength of his Majesty's Army and with the Assistance of his Majesty's good and Loyal Subjects and We no way doubt but all his Majesty's good and faithful Subjects will give Faith and Credit to Us who have the Honour to be trusted by his Majesty so highly as to serve Him in the Government of this his Kingdom rather then to the vain idle and wicked Reports of such lewd and wicked Conspirators who spread those false and seditious Rumors hoping to seduce a great number to their party And as We now believe that some who have joyned themselves with those Conspirators had no hand in contriving or plotting the mischiefs intended but under pretence of those seditious Scandals were deluded by those Conspirators and so are now become ignorantly involved in their guilts so in favour and mercy to those so deluded We hereby charge and command them in his Majesty's name now from Us to take light to guide them from that darkness into which they were misled by the wicked seducement of those Conspirators and to depart from them and from their wicked Counsels and Actions and according to the duty of Loyal Subjects to submit themselves to his Sacred Majesty and to his Royal Authority intrusted with Us. But in case those persons which were no Plotters nor Contrivers of the said Treason but were since seduced to joyn with them as aforesaid lay not hold of this his Majesty's Grace and Favour now tendred unto them then We do by this Proclamation Publish and Declare that they shall hereafter be reputed and taken equally guilty with the said Plotters and Contrivers and as uncapable of Favour and Mercy as they are Given at His Majesties Castle of Dublin the 30. of October 1641. La. Dublin R. Ranelagh Ant. Midensis John Rophoe R. Dillon J. Temple P. Crosbie Ja. Ware Rob. Meredith APPENDIX IV. Fol. 32. By the Lords Justices and Councel A Proclamation for the discovery and present removal of all such as do or shall continue in the City of Dublin or places adjacent Without just or necessary cause W. Parsons Jo. Borlace VVHereas through the great concourse of people to this City of Dublin the Countrey is deprived of Defence and left open to the rapine and depredation of the Rebels now in Arms in this Kingdom the poor of those parts are destitute of Succour and Relief and divers other inconveniences do and may thence arise unless some timely remedy be applied thereunto VVherefore We do hereby in his Majesties name and under the pains and punishments hereafter mentioned command That all and every person and persons whatsoever not having necessary cause of residing in this City of Dublin and the Suburbs thereof and the places within two miles about the same aswell within Liberties as without to be approved of by our very good Lord James Earl of Ormond and Ossory who is appointed Lieutenant General of His Majesties Army in this Kingdom and the Councel of War here for the time being or by such other persons as shall be by them appointed for examination thereof do within four and twenty hours after publication hereof repair to their respective homes and dwellings And also that no person or persons of what quality or condition soever do keep with him or them any more or other then his or their own domestick servants And that this Proclamation and the service hereby intended be not in any wise eluded or evaded VVe do hereby in His Majesties name and under the pains and punishments hereafter mentioned charge and command That all and singular the Citizens Inhabitants and Residents of and within this City of Dublin the Suburbs thereof and all places within two miles about the same do within four and twenty hours after publication hereof return under their hands unto the next Alderman of the Ward or Seneschall or other chief Officer of Liberty respectively the names sirnames qualitie and condition of all persons now lodged and remaining in their houses and also that they and every of them for the future until Declaration be made to the contrary do within two hours after the receipt or entertainment into his or their house or houses of any stranger or strangers not being of his or their familie or families return under his and their hand and hands unto the next Alderman of the Ward Seneschall or other chief Officer as aforesaid the names sirnames quality and condition of all and
Cessation of Arms for one whole year with the Roman Catholicks of Ireland printed at Oxford 19. Octob. 1643. And let all your good Subjects be assured that as we have for these reasons and with caution and deliberation consented to the Proposition to peace and to that purpose do continue do continue our Parliament there so we shall proceed in the accomplishing thereof with that care and circumspection that we shall not admit even peace it self otherways than it may be agreeable to Conscience Honour and Justice VVe also humbly desire that such Laws as Your Majesty shall think fit to pass may be transmitted according to Poynings Law and other Laws of explanation thereof or of addition thereunto now in force with great contentment and security to Your Majesties Protestant Subjects but if the present Parliament be dissolved we humbly represent unto Your Majesty that so many of your ablest and best Protestant Subjects have been murthered or banished by this Rebellion the few or no Protestant free-holders will be found in the Countreys Cities or Burroughs to elect and chuse Knights Citizens or Burgesses which will be most dangerous to your Majesties Rights and Prerogatives and good Subjects and may beget great disputes in after-times for the repealings of Poynings Acts notwithstanding their feigned expressions of their loyaltie yet it plainly appeareth they do not repose such trust in your Majesties Justice as becomes loyal Subjects to do and such they pretend themselves to be for that they seek thereby to prevent Your Majesty and your Councel of England and Ireland of so full a view and time of mature consideration to be had of Acts of Parliament of Ireland before they pass as in prudence is requisite and hath been found necessary by the experience of well near 200 years and if their Intentions were so clear as they profess we know not why they should avoid the strictest view and tryal of Your Majesty and your Councels of both Kingdoms this their desire tending to introduce a grand diminution to the Royal and necessary Power for the conservation of Your Regal State and protection of your good Protestant Subjects there and elsewhere and what special use they aim at in seeking such a repeal Your Protestant Subjects as they know not the particular so can they conjecture of none unless the said Confederates have some design by way of surprize to obtrude upon Your Majesty in their new desired Parliament some Acts of justification of their ill-done actions and for condemning such of your Protestant Subjects as have in their several degrees most faithfully served Your Majesty there which we the rather believe seeing they have vowed by their Oath of Association and the Bull lately published in Ireland since the Cessation the destruction of the Protestants there when they have the Sword in their hands to put the same in Execution 3. Pro. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the 7th day of August 1641. be clearly annull'd and declared void and taken off the File Answ. VVe humbly desire that they may particularize those Orders and Ordinances which may prejudice Your Majesties service for we are well assured that the Parliament now sitting in Ireland on signification of Your Majesties pleasure therein will give Your Majesty full satisfaction or repeal any unjust Orders or Ordinances whatsoever which may be prejudicial to Your Majesty and there may be some Orders or Ordinances which may concern particular persons in their Lives Liberties or Fortunes that may suffer unheard by the admitting of so general a Proposition which is meerly propos'd as we humbly conceive to put a scorn upon Your Majesties Parliament now sitting there and to discourage your Protestant Subjects who have faithfully served Your Majesty in that Parliament 4. Pro. That all Indictments Attainders Out-lawers in the Kings Bench or elsewhere since the said 7th day of August 1641. and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all other Records Act or Acts depending thereon or in prejudice of the said Catholicks 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 or concerning the procuring or making up of such Records and the same first we 'll prove upon due Examination and that may not only conceal but in some sort seem to justifie their abominable Treasons Murthers 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 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. Pro. That inasmuch as under colour of such Out-lawers and Attainders Debts due unto the said Catholicks have been granted levied and disposed of and of the other side that Debts due upon the said Catholicks to those of the adverse party have been levied 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. VVe 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 levied 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 Papists 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 levied 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. Pro. That the late Officers taken or found upon feigned or old Titles since the year 1634 to intitle Your Majestie to several Counties in Connaght Thornond the County of Typperary Limrick and Kelkenny and Wicklowe be vacated and taken off the File and the possessors thereof setled and secure in their ancient 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 21. year of his late Majesties Raign in this Kingdom Answ. VVe 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 Fifthly 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 Brittish on the Plantation Seventhly The building of some walled-Towns in remote and desolate places for the security of that Kingdom and your Maiesties good Subjects there Eightly The taking of the Natives from their former dependency on their Chieftains who usurped an absolute Power over them to the dimunition of all Regal Power and to the oppression of the inferiors 7. Pro. 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 Universities 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 Tryals 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 buying of the Protestants out of their former Plantations where they were prudently settled 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 easy 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 they ought not to expect to be more capable there then the English Natives are here in England in like case 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-master 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 truely 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 forreign 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 Cambrige where they might as cheaply be bred up and become as Learned which course we 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 agreeable 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 in Learning are to be laid a degenerate corruption in Religion and Justice may haply 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 then 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. Pro. That the Offices and Places of Command Honour Profit and Trust within that Kngdom be conferred upon Roman Catholicks 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 here have and not otherwise howbeit we conceive that in the generality they haye 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 then they have by the Laws and Statutes now in force in that Kingdom 9. Pro. That the insupportable Oppression
into Ireland out of Scotland * Fol. 290. * Nicholas Dowdall * The Author of the English and Scotch Bresbytery p. 222. The States Manifest in Answer to Nettervile and his Accomplices fears The Lords Justices Vindication of Sir Charles Coote See Sir J. Temple part 2. p. 30. as the Answer to the 9th Article of the Rebels Remonstrance at Trym p. 78. His Majesty's Works fol. 393 About the midst of December the Rebellion breaks forth in Munster The Rebellion appears in Connaght The Reasons why each Province burst not at once into a flame * The Author of the English and Scotch Presbytery p. 222. Scobels Acts fol. 197. Sir Simon Harcourt arriv'd out of England with the first Forces Sir Charles Coote goes to Swoards Five Regiments more arriv'd out of England His Majesties Proclamation against the Rebels the first of January His Majesties Reasons why his Proclamation came out so late The Rebels notwithstanding his Majesty's Proclamation grew more united * The Insolencies of the Polititian's Catech. briefly reflected on and what the English are charged with The Rebels endeavour principally to make themselves Masters of Leimster The Rebels begirt Tredath The Situation of Tredath The Siege of Tredath and its strength * Sir John Netterviles Sir Hen Tichborn enters the 4th of Novemb. Governour of Tredath * This Captain John Morris was Page to the Countess of Strafford one of singular courage through the whole War and a Colonel in England and Governour of Pontfract Castle for which Service having past many Fortunes he was Condemn'd and Executed at York the eight of August 1649. The first Relief of Tredath the xi of January The second Relief Febr. the 14th Appendix 6th * In his Speech the 13th of Febr. 1662. p. 17. 38. Tredath being freed several of the Lords of the Pale offer upon Conditions to come in The Earl of Ormond visits Tredath with 3000 Foot and 500 Horse Dundalk assaulted and gain'd Sir Phelim Oneal being disappointed at Tredath revenges himself on the British in other Parts The Irish taunt the Lords of the Pale with old Miscarriages The King offers to go for Ireland Sir Harcourt's Expedition into Wicklow Lieutenant Colonel Gibson pursues the Design and took Carrickmain May in his Hist. 8. p. 174. The Marquiss of Ormonds Expedition The Battle of Kilrush Some Transactions in Connaght The Lord Lisle lands at Dublin * This Lady Offalia was the only Daughter of Gerald eldest Son of Gerald Earl of Kildare who died before his Father Brother of Thomas beheaded the 28. of H. 8. She was Entituled Lady Offalia by the special Favour of King James in an Award betwixt her and George late Earl of Kildare else she could not have had that Title properly belonging to the eldest Son of the Earls of Kildare The Lord Lisle and Sir Charles Coot relieve the Lady Offalia They take in Trym The Rebels resolve to surprize Sir Charles Coot in Trym Sir Charles Coot slain at Trym The Battle of Balintober fought at a Place called now Na Nart the mid-way betwixt Oran and Balintober The account of some Affairs in the North. See the Article 6. of Aug. 1642. Kings Works fol. 534. The Affairs in Munster Mountgarret lodges at Moyallo The Lord Muskery contrary to his promises takes part with the Rebels A contest upon Mountgarret's leaving Moyallo who should be Chief Barry chosen General Muskery c. styled The Council of War Bealing's vain Summons of the Castle of Lismore The Lord President 's advance to Talloe Dungarvan taken by the Lord President The Battel near Cappaquin the first in Muster well fought and managed The Earl of Barrymore took in Cloghleagh Ardmore Castle taken in The Fort of Dunganon Limerick C. Archerstown Rathbarry Castle Dundede and Dunowen Castle Asketon Castle Matrix Castle of Loegar Castle Kilfinny An Abbreviate of Sir Cole's Services in his Fort of Eniskillin Sir Hamilton's Enterprises The Rebels under Garret Barry beaten before Cork Sir William St. Leger Lord President of Munster vigilant and faithful The Lord President of Munster dies The Lord Inchequin chosen in his Place The Lord Inchequin's excellent service at the Battel of Liscarrol Carickfergus delivered to the Scots The Bill of Loan passed at Westminster Several Sums prescrib'd * In a Declaration to all his loving Subjects in Answer to the Remonstrance of the Commons the 15th of Decemb 1641. The King expresses his deep Resentment for Ireland His Majesty's sense of Ireland and the Parliament's Return Ireland neglected The Parliament makes use of part of the Money collected for Ireland * In his Answer to the Parliament's Petition the 28th of April 1642. * Appendix 7th * In his Collection of Acts and Ordinances of Parliament fol. 197. * Fol. 740. The General Assembly at Kilkenny As also Mahone in his Disput. Apologet. p. 101. The Preamble to the Oath of Association The Oath of Association The Propositions Their Seal The Confederates Commission to a Privateer * Appendix 8. Custodiums allotted to the Soldiers Appendix 9. The Lord Mac-Guire and Mac-Mahon sent into England Their Trial at Westminster Mac-Mahon's Execution The Lord Mac-Guire's end * The 20th of August 1642. Causes why Affairs prospered no better The Lord Lisle's Expedition into Westmeath c. Cap. Vaughan's Resolution * October 14th * In Declar. 22. Octob. 1642. Goodwin and Reynolds arrive in Ireland See Hâ—â—b Collect fol. 248. They leave Ireland Colonel Monk relieves Balanokil Necessity of all things in Dublin upon the withdrawing of the Parliaments Committee Sir Richard Greenvile relieves Athlone The Battle at Raconnel The Lords Justices coin Plate with his Majesty's Stamp The Lords Justices Letter to the Speaker of the House of Commons in England touching Ross c. The Marquess of Ormond's Expedition against Ross. Ross Battle The Army from Ross return and quarter in Dublin to the further burthen of that City The Armies Remonstrance The Confederates Petition sent to his Majesty The Protestant Committe's Petition to his Majesty His Majesties Answer The Irish Remonstrance The Parl. Declaration concerning the Rise of the Rebels Husb. Collect. fol. 248. * Sir J. T. Hist. Irel. the Pref. * Printed by Edw. Husb. 1644. His Majesties first Letter of the 23d of April touching the Cessation An Abbreviate of the War in Munster The English Army routed The Irish worsted before Cappaquin * Colonel Myn after the Cessation went into England with his Regiment oftentimes encountring Massy who joyntly exprest much valour And in a conflict near Hartpury-fields in Glocestershire was slain by Massies Forces 1644. and by reason of his Gallantry buried at Glocester with the loss of the English Regiment he brought from Ireland Sanders H. C. 1. Fol. 731. The transactions in Connaght Galloway Fort taken by the Irish. Castle Coot Besieged The Irish break the Cessation Sir Jo. Borlase Sir Hen. Tichborn Lords Justices His Majesties second Letter about the Cessation See Husbands Collect. Fol. 160. The Lords Justices Letter to his Majesty of
towards Castleliskin one of the fastest Places in Ireland and directly in the way to Limerick upon which the Lord Broghil hastned towards them and about midnight in a horrid storm of rain and wind fell upon their Horse-Guards and beat them in upon which their Camp took so hot an alarm as he drove them soon to the Place from whence they came thereby securing the Army before Limerick The Enemy in the interim getting over the Blackwater and afterwards were pursued by the Lord Broghil till finding a convenient ground to draw up their Battle in they were faced by him who kept the Right Wing Major Wally the Command of the Left and Major Cuppage the Foot so happily on each part secured that though indeed the Irish never more resolutely and in better order maintain'd their Station they were at last wholly routed Bogs and Woods usually their safety being not near them The chief Prisoners that day taken were Lieutenant Colonel Mac Gillacuddy Commanding young Muskeries Regiment a man more Popular then Muskery himself Major Mac-Gillariagh an old Spanish Souldier Major Mac-Finine and some considerable Commanders of Horse But to return to the Marquess of Clanrickard who notwithstanding all the fore-mention'd Discouragements some whereof he expected not hearing of Sir Charles Coot's intentions of entring Connaght issued out his Orders to all the Forces which for conveniency of Quarter and the more to infest the Enemy were scattered over the Provinces that they should meet at the General Rendezvous at the time and place appointed Resolving with as much expedition as he could to engage the Enemy where hearing that Sir Charles Coot to whom Ireton had left the Care of that Province was marched towards Athlone he made all possible haste to fall in his Rear or to wait his Motion but after he had gone two days march towards that Place he received certain Intelligence that Sir Charles had taken Athlone and being furnished with all necessary Guides was marched towards Gallway to block it up whereupon he made what haste he could back the same way he came and sent Orders to the Earl of Castlehaven General of the Horse to meet him with the Forces under his Command at a certain Village where the Deputy would expect him The Enemy being then within less then a Mile with their main Body and onely a narrow Pass between them which the Lord Deputy doubted not to defend until all his Forces should come up and then resolved to sight them which was the onely thing he desired and thought himself to be in a very good posture to do it But the Earl of Castlehaven before he would advance to the Lord Deputy thought it convenient to secure a single Pass over the River Shannon whereby the Enemy might possibly get over that so the Enemy might be entirely engaged where the Lord Deputy was without any danger in the Rear But by the time the Earl had marched some miles he heard the report of Muskets and looking back he saw the two Troops of Horse he had left to secure that Pass and the 60 Foot running and dispersing without being pursued for the Enemy having Intelligence of the Earl's march sent over 2 or 3 Boats with Musketiers from the other side of the River and landed without opposition at the Castle scituate on the Pass Upon which news notwithstanding the Earl's Commands or Intreaties his Army in that Consternation without the sight of an Enemy fled and disbanded insomuch that of 4000 which in the morning the Body consisted of the Earl brought not with him to the Place where the Lord Deputy was above 40 Horse whereupon the Lord Deputy saw he was in no case to engage the Enemy that he should be quickly attacked in the Rear by that part of the Army which had already and speedily would pass the River and that the same fright possessed his men who had hitherto kept the Bridge and who now began to yield ground and that in truth very many of his Souldiers had that night run away And thereupon he drew off and marched away both Horse and Foot when they were gotten out of danger of the Enemies pursuit And from this time the Lord Deputy could never draw any considerable and firm Body into the Field nor make any opposition to the Enemies Progress The Irish in all Places submitting to and compounding with them murmuring as much now against the Lord Deputy as they had before against the Lord Lieutenant Before the Lord Lieutenant had left the Kingdom he had sent the Lord Viscount Taaff who had been an Eye-Witness of all his Proceedings and had in vain labour'd to compose and dispose the minds of the Clergy to the Kings Service to give the King an Account of the Affairs of Ireland and how impossible it would be to preserve his Authority in that Kingdom without some more then ordinary Supplies from abroad which joyning with the most considerable and Loyal Part of the Irish might have kept the Refractory in awe His Lordship landed in Flanders the King being then in Scotland and quickly understood how unlikely his Journey into that Kingdom was to advance the Business upon which he came or indeed that he should be admitted to the Presence of the King from whom most were remov'd that attended him thither and thereupon he staid in Flanders and found an opportunity to present the Condition of the Papists of Ireland in such manner to the Duke of Lorrain who being nearly Allied to the King always professed singular affection to his Majesty and his Interest as in the end he prevail'd with him to send them some Relief And assoon as it was known that the Lord Lieutenant was landed in France the Duke sent a Person of Principal Trust about him the Abbot of St. Katharines into Ireland with a Credential as his Ambassador to the Clergy and Catholick Nobility and Gentry of that Kingdom to treat with them in order to their receiving Aid and Supplies from the Duke and to the end that his Highness might in truth understand in what Capacity they were to be relieved and how much they could themselves contribute thereunto it being not then known that the Marquess of Ormond had left the Kings Authority behind him but rather conceiv'd that upon those many Provocations and Affronts which had been offered to him he had withdrawn with his Person the Countenance and Authority they had so much undervalued and so little deserved When the Abbot landed in Ireland which was about the end of February and within little more then 2 months after the Lord Lieutenant departed thence he heard that the Marquess of Clanrickard was the Kings Deputy and thereupon he gave him presently notice of his arrival addressed himself to him shewed his Commission and Credentials and assured him That the Duke his Master had so entire an Affection to the King of England the preservation of whose Interest in that Kingdom was the chief Motive to him
to offer his Assistance that if he had known any Person had been intrusted there with his Majesties Authority he would have addressed himself unto him and no other And that he finding his Lordship invested with that Power did what he knew his Master expected at his hands apply himself unto him with and by whose Direction he would alone steer himself through that Negotiation He told him the Duke had already disbursed 6000 Pistols for the supplying them with those things he heard they stood most in need of which were brought over by a Religious Parson who came with him and that he was ready to be informed of what they would desire from his Highness that might enable them to resist their Enemy and that he would consent to any thing that was reasonable for him to undertake Hereupon the Lord Deputy appointed a Committee of the Commissioners of Trust together with some Prelates to confer with the Ambassador to receive any Overtures from him and to present them with their Advice thereupon unto him They met accordingly and receiv'd the Propositions from the Ambassador but they were so disagreeable to the professions he had made of respect to the King and indeed so inconsistent with the Kings Honour and Interest as there was great reason to suspect that they proceeded rather from the Encouragement and Contrivance of the Irish then from his own temper and disposition and this was the more believ'd when instead of returning the Propositions to the Lord Deputy they kept the same in their own hands put out some of those who were appointed by him to be of the Committee and chose others in their Places and proceeded in the Treaty without giving the Deputy an Account of what was demanded by the Ambassador or what they thought fit to offer unto him Of all which the Deputy took notice and thereupon forbade them to proceed any further in that way and restrain'd them unto certain Articles which he sent them which contain'd what he thought fit to offer to the Ambassador and gave them Power onely to Treat Notwithstanding his positive Direction they proceeded in that Treaty with the Ambassador and sent an Advice to the Lord Deputy to consent unto the Articles propos'd by him since they said he would not recede from what he had proposed and that it was much better to submit to the same then that the Treaty should be broken off The Lord Deputy as positively declared that what was demanded was so derogatory to the Honour of the King his Master and destructive to his Interest as he would never agree to it and resolved presently to leave the Town And when the Ambassador sent to him to desire to see him and take his leave of him he absolutely refused and sent him word That he would never pay his Civility to or receive it from a Person who had so much swarv'd from the Propositions made by himself and who had presumed to make Propositions so dishonourable to the King his Master and he believ'd so contrary to the good Pleasure of the Duke of Lorraign And that he would send away an Express to the Duke to inform him of his Miscarriage and he presumed he would do Justice unto the King upon him When the Prelates saw that no obstinacy in the Ambassador nor Importunity from them could prevail with the Lord Deputy to shew what influence they had upon that Treaty they perswaded the Ambassador to consent to the same Propositions he had formerly no doubt by the same Advice rejected and thereupon to make the sum formerly disbursed by the Duke at his coming out of Flanders full 20000 l. and the Lord Deputy sent a couple of Gentlemen into Flanders to Treat further with the Duke of Lorraign according to such Commissions and Instructions as he gave them The Bishop of Ferns about the same time left Ireland and came likewise to Bruxels and having without the Privity of the Lord Deputy receiv'd some secret Trust and Delegation from the Prelates of Ireland and Credit from them to the Duke of Lorraign he quickly interessed himself in that Treaty and took upon him the greatest part in it and that which he said was the sence of the Nation He reproach'd the Persons imployed and trusted by the Lord Deputy with all the Proceedings which had been in Ireland by the consent of the Confederate Catholicks inveighed against their opposing the Nuncio and appealing against the Excommunication issued out by him he told them and all this by a Letter under his hand that he was clearly of opinion That the Excommunication was just and lawful and that the greatest Statesmen Souldiers Citizens and People disobeying and now obstinate are and were delivered to Satan and therefore forsaken of God and unworthy of Victory and of his Holy Blessing And thereupon he said he did with all sincerity and charity offer his own humble opinion what was to be done by them which was to the end the Agreement they were making with his Highness the Duke of Lorraign might become profitable to the Nation and acceptable in the eyes of God that they would immediately with humble hearts make a Submission unto his Holiness in the name of the Nation and beg the Apostolical Benediction that the light of Wisdom the Spirit of Fortitude Vertue Grace Success and the Blessing of God might return again to them He told them the necessity of doing this was the greater for that the Person from whom they came with Authority the Marquess of Clanrickard the Lord Deputy was for several causes Excommunicated a jure Homine and that he was at Rome reputed the great Contemner of the Authority and Dignity of Churchmen and a Persecutor of the Lord Nuncio and some Bishops and other Churchmen And after many rude and bitter reproaches against the Deputy he used these words Do you think God will prosper a Contract grounded upon the Authority of such a man and shortly after he said that if the Duke of Lorraign were rightly informed of the Business he would never enter upon a Bargain to preserve or rather restore Holy-Religion in the Kingdom with Agents bringing their Authority from a withered cursed Hand And then concluded for my part upon the denial to hear my humble Prayers which I hope will not happen I will withdraw my self as a man dispairing of any fruit to come from an unfound Trunk where there is no Sap of Grace And am resolved to communicate no more with you in that Affair but rather to let the Prince know he was building his Resolutions of doing good upon an unhallowed foundation and that God therefore unless himself will undertake to obtain an Absolution for the Nation will not give him the Grace to lay down the Lapis Angularis of his own house again in that Kingdom This Letter bare date at Bruxels the 20th of July 1651. the Persons to whom it was directed being then in the same Town What