secret and of great forecast very staid in Speech dangerous of every Trifle that touched his Reputation Kildare was open and plain hardly able to rule himself when he was moved to Anger not so sharp as short being easily displeased and sooner appeased being in a Rage with certain of his Servants for Faults they committed one of his Horsemen offered Master Boice a Gentleman that retained to him an Irish Hobby on condition That he would pluck an Hair from the Earl his Beard Boice taking the Profer at rebound stept to the Earl with whose good Nature he was throughly acquainted parching in the Heat of his Choler and said So it is and if it like your good Lordship one of your Horsemen promised me a choice Horse if I snip one Hair from your Beard Well quoth the Earl I agree thereto but if thou pluck any more than one I promise thee to bring my Fist from thine Ear. But after all this simple Story is founded on a Mistake for the Earl of Ormond whose Name was Thomas lived in England in great Repute all the Reign of Henry the Seventh and afterwards until his Death anno 1515 and therefore the Person intended by the Story must by Sir James Ormond formerly Lord High Treasurer whom I have often mentioned in the Reign of the last King But this digression has been too long 1513. let us therefore return to the Lord Deputy whom we shall find animated with the last Years Success and resolved to invade Ely O Carol early in the Summer but his Preparations being great took up more time than he thought they would require but at last they were got ready and he began his March in August but at Athy he fell sick and from thence was removed to Kildare where on the third Day of September he died and was buried in Christ Church in Dublin to which he had been a liberal Benefactor And thus were the great Designs of this mighty Lord defeated even in the midst of his Career and at the very time when he promised himself most Glory and Success Gerald Earl of Kildare Son of the deceased Earl and Lord Treasurer was by virtue of the Act of Parliament formerly mentioned anno 10 Hen. 7. and by reason of his Place of Treasurer Spelm. Glos 334. made Lord Justice by assent of the Council But it seems that afterwards viz. 32 Hen. 8. there was a Statute made intituled An Act for the electing of the Lord Justice which restrained the Council from electing any body but an Englishman born and not in Orders The Lord of Slane was made Lord High Treasurer and Sir William Crompton Lord Chancellor and all other publick Matters were ordered as well and expeditiously as they could nevertheless so much time was taken up in these Alterations and in the Formalities of State that the Season was too far spent for any military Action this Year so that Daniel Mac william met with little Interruption in taking the Castle of Dunluce nor did the rest of the Irish find any Opposition this Winter but ravaged over the Country as they pleased However they paid dearly for it the next Spring For the valiant Earl of Kildare 1514. who was Heir to his Fathers Courage as well as to his Honour grew impatient at the Insolencies of O More and O Reyly and therefore resolved to attack them successively He began with O More and invaded the county of Leix and beat that Rebel and his Party into the Woods which being done he turned aside into the Brenny and took the Castle of Cavan and having slain Hugh O Reyly and many of his Followers he chased the rest into their inaccessible Fastnesses and then burnt and destroyed the Country and returned loaden with Booty William Viscount Gormanstown was the thirteenth of June made Lord Justice 1515. probably in the Absence of the Earl of Kildare who might then go to England to confer with the King about the Parliament designed to be holden in the Spring But however that be it is certain That Girald Earl of Kildare was by the King made Lord Deputy and on the twenty fifth Day of February held a Parliament at Dublin which by several Prorogations continued until the Thursday after Michaelmas 1517. Ware 92. This Parliament gave the King a Subsidy and made one good Act for those times viz. That no Man shall be compelled by Privy Seal to answer any Complaint in England until the Accuser enters into Recognizance in the Chancery of Ireland to pay the Defendant his Costs and Damages if he be acquit which very much abated that vexatious Course of Proceeding so that it is now obsolete and quite out of use On the third Day of August Ware 93. died Thomas Earl of Ormond at London he had been Embassador into France Privy-Counsellor in England and had Place in the English Parliament above all the Barons He was the richest Subject the King had and left forty thousand Pound in Money besides Jewels and as much Land to his two Daughters in England as at this Day would yield thirty thousand Pound per annum but he left no Issue Male to enjoy his Irish Estate which therefore descended to his Kinsman Sir Pierce Butler Earl of Ormond The Lord Deputy to repress the Incursions of the bordering Irish 1516. and to shew himself as fit for War as Peace invaded Imaly and slew Shane O Toole in Battle and sent his Head to the Mayor of Dublin Thence he marched into Ely O Carol where he was joyned by several Noblemen of Munster and Leinster of English Extraction and particularly by Pierce Earl of Ormond and James eldest Son of the Earl of Desmond and being strengthned with this Supply he undertook the Seige of Lemevan-Castle which the Garrison defended for a Week and then by Night deserted and left it to be demolished as it was by the Lord Deputy With this good Success he was encouraged to attempt the Town of Clonmel which he did with so much celerity that the Townsmen being surprized immediately surrendred upon Conditions And so the Deputy ended this Campeign and returned loaden with Hostages Prey and Glory It is worthy observation That the Irish had great Expectations of Advantage this Year by reason of a blind Prophecy generally believed among them Ware 95. That the poorest and weakest Sept in Ireland should this Year prove the most Powerful and Warlike It is probable that they were encouraged thereby to provoke the Lord Deputy to the aforesaid Expedition But however that be this is certain That Superstition hath been often fatal to the Irish Nation But Kildare finding it necessary to advance his Victorious Arms in Vlster 1517. reinforced his Troops and marched into Lecale where he took the Castle of Dundrum which had been very offensive to the neighbouring English thence he marched against Fylemy Macgenis whom he easily conquered and took Prisoner with the Slaughter of many of his Followers
and Language and not to forestal the Markets of Limerick nor correspond with the Irish And so we come to the Parliament which began at Dublin on the first Day of May and on the last Day of that Month was adjourned to Kilkenny and did there sit the twenty fifth Day of July and on the twenty first was adjourned to Cashel and on the twenty eighth was from Cashel adjourned to Limerick and there it sat on the second of August and continued until the nineteenth and then was adjourned to Dublin to meet the fifteenth Day of September and so after several Prorogations it was finally dissolved the twentyeth Day of December 1537 and enacted as followeth I. The Attainder of the Earl of Kildare and his Complices This Act recites all their Treasons and Retrospects to the eighth Day of July 20 Hen. 8. II. The Parliament reciting That Ireland is appending and belonging to the Crown of England doth make void and nullifie the King's Marriage with the Princess Katharine his Brother's Wife and doth ratifie the Divorce judicially made between them by the Archbishop of Canterbury It also confirms the King's Marriage with Anne Bullen and prohibits Marriage within the Levitical Degrees and orders that Persons so married shall be divorced and their Children after such Divorce shall be illegitimate Then it entails the Crown on the King's Heir Males by Queen Anne and for want of such to his Heirs Males by any other Wife and for want of such to the King's Heirs Female by Queen Anne and particularizes the Princess Elizabeth and the Heirs of her Body c. And that it shall be Treason to Write or Act against the aforesaid Marriage or the Settlement of the Crown and Misprision of Treason to speak against either of those things and deprives the Offenders of Benefit of Sanctuary it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen if it so happen till their respective Ages of sixteen if a Queen and eighteen if a King and prescribes an Oath for the Observation of this Settlement to be taken by the Subject and makes it Misprision of Treason to refuse it III. The Act of Absentees recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland and then vests in the King the Honours and Estates of the Duke of Norfolk the Lord Berkly the Earl of Waterford and Shrewsbury the Heirs General of the Earl of Ormond the Abbot of Furnes the Abbot of S. Augustins of Bristol the Prior of Christ-Church of Canterbury the Prior of Lanthony the Prior of Cartinel the Abbot of Kentesham the Abbot of Osny the Abbot of Bath and the Master of S. Thomas of Dacres 4 Inst 354. And it was resolved anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan by this Statute Nevertheless he had a very good Recompence in England for his Losses in Ireland And it is not unworthy our Remembrance How this Statute came to be made and the Occasion was thus The King being inclined to make Mr. Ailmer who was then Lord Chief justice of the Common Pleas Lord Chief Justice of the King's Bench the Earl of Shrewsbury at the instance of some of his Tenants in Waterford or Wexford opposed his Preferment alledging That Ailmer was a silly fellow and unfit for such a Place whereupon the King repremanded the Lord Cromwel for recommending such a Coxcomb to him the Lord Cromwel begs the King to discourse with Ailmer assuring his Majesty That he was misinformed The King consented and Ailmer being come the King asked the true reason of the Decay of Ireland Ailmer Answered That it was because the Estated Men who used to Reside and Defend their own Estates and countenance their Tenants did now generally dwell in England and left Ireland a Prey to the Natives But that if his Majesty would oblige the Estated Men to Residence or seize their Estates to his own use he would soon find a Reformation The King tickled with this Advice gave Ailmer Thanks and assured him Care should be taken of it next Parliament IV. A Suspension or Repeal of Poyning's Act pro hac Vice V. That the King his Heirs and Successors be Supreme Head on Earth of the Church of Ireland and shall have Power to reform redress c. Heresies Errors and Offences c. And that his Commissioners shall take no Proxies for their Visitations but convenient Meat Drink and Lodging on pain of four times the value VI. That there shall be no Appeals to Rome on Pain of Premunire and that the Chancellor with the Consent of the two Chief Justices the Master of the Rolls and the Vice-Treasurer or any two of them may assign Delegates to Hear and Determine all Appeals to the Chief Governour VII An Act against slandering the King or Queen or their Title c. And that those guilty of High Treason shall not have the Benefit of Sanctuary and that Treasons committed beyond Seas may be tried in Ireland and that all Estates of Inheritance ergo Estates Tail shall be forfeited for High-Treason VIII That the Clergy shall pay Annates or First-Fruits i.e. a Years Profit and shall pay or compound before Possession The Chancellor Master of the Rolls and Vice-Treasurer or any two of them whereof the Vice-Treasurer to be one or any others commissioned by the King may compound and give Instalments That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple and eight Pence to be paid for a Bond and four Pence for an Acquittance and no more IX An Act to vest in the King Sir Walter Delahide's Lands in Carbry in the County of Kildare X. That if the Robber or Felon be found Guilty upon an Indictment by means or Prosecution of the Party robbed that then he shall have Restitution as if it had been done upon an Appeal XI An Act to suppress all Tributes Pensions and Irish Exactions claimed by the Irish from Towns or Persons for Protection XII An Act against the Pope to suppress his Usurpations and that it shall be Premunire to defend or assert his usurped Authority or Jurisdiction and that all Persons Ecclesiastical or Lay That have Office or Benefice c. shall take the Oath of Supremacy mentioned in the Act and the Refusal of that Oath shall be Treason It seems there was much Difficulty to get this Act and the former Act for the King's Supremacy to pass both Houses many of the Clergy opposing them stifly until the Archbishop Brown made the following Speech which being well sconded by Justice Brabazon so startled the rest that at length both Bills passed The Archbishop's Speech was thus My Lords and Gentry of his Majesty's Kingdom of Ireland BEhold your Obedience to your King is the observing of your Lord and Saviour Christ Bish Brown's Life 7. for He that High-Priest of our
of an Incestuous Marriage so directly against the Law of God that no Power on Earth could dispense with it Dr. Burnet's Hist Reform 131. And that Marriage was judicially nulled and made void ab initio by the Divorce pronounced between the Parties by the Archbishop of Canterbury so that by consequence the Issue was bastardiz'd and rendred Illegitimate And II. Because the Crown was entailed upon Queen Elizabeth by Name by the Irish Statute of 28 Hen. 8. cap. 2. as hath been already observed and that Statute was not repealed in Ireland to that time It would be a lame Answer to the first Objection to insist upon the English Statute of 35 H. 8. which gave that King Power to dispose of the Crown by his Will for besides what some will alledg against Bills of Exclusion in general every Body will oppose that wild and unjust Method of Exclusion that has no regard to the Faults of the Party rejected nor to the Merits of the Person to be advanced but Exposes the Right of an Innocent to the Figary of an humersom Man Moreover it is a high Point to delegate the Legislative Power in an Instance of that Importance and if allowed would at once destroy all hereditary Right It is necessary therefore that we have recourse to something more solid and which really was the true Reason and it was this That Mary having gained Possession of the Throne in a Hurry by the Surprize and Confusion of the People in general the Easiness and Credulity of the Suffolk-men in particular and the Envy some bore to the Duke of Suffolk and the Malice others entertained against the Duke of Northumberland the Protestants did believe themselves obliged by the Laws of God and Man to obey the Queen de facto and to acquiesce in the Government that was actually over them and therefore the Clergy and the best and holiest of the Protestant Party chose rather to be Refugees and beg their Bread abroad than to be mutinous and disloyal at Home It is not to be doubted but that they did consult and throughly examine both the Laws of God and the Laws of the Land in that Particular and found by both Sanctions that it was not the Duty of the Subject to dispute the Title of the Prince in Possession this were to make the Rabble Judges of the Rights of Princes and to erect a Judicature above the Legislative Power and to introduce an Appeal from the Parliament to the People As to the First viz. The Law of God nothing was more plain than that a Christian peaceable Temper was commanded in General and a Submission to the King de facto in Particular and the Reason is Because the Power that is is of God for Caesar had no Right especially over the Jewish State but both Augustus and Tiberius were Usurpers and yet it was to them that our Saviour and the Apostles preached Obedience and commanded us To render the things that were Caesars And as to the second viz. The Law of the Land it has no regard to any other than the King de facto it is he that is only King within the Statute of Edward the Third of Treasons it is he only that by the Laws of England can grant Pardons Call and Dissolve Parliaments and Confirm their Acts In a Word It is he only that can do all Acts of Government and he is the Person who can and ought to give Protection to the Subjects and consequently is to have Allegiance from them the King de facto can punish Treasons committed against his Predecessor and his Rightful Successor may punish Treasons done against him and the Reason is Because it is the same continuation of the Regal Government and the Person is not regarded in Law any longer than it is cloathed with the Politick Capacity For the Relation that is between King and Subject Protection and Allegiance is reciprocal and the Obligation is mutual as it is betwixt Husband and Wife and therefore whensoever a King totally ceaseth the Exercise of his Royal Office he is dead in his Politick Capacity with which the Relation is and the Subject is at Liberty ad alia vota convolanda to the Successor and whether this happens by Force or Consent is no more to the purpose than it is whether a Man's first Wife was murdered or dyed of a Fever So that it is Plain That Possession of the Throne by the consent of the two Houses of Parliament does give a Right in reference to the Subject and therefore the Words King de jure are but terms of Art as Ens Rationis among the Logicians to signifie an Imaginary Notion they had no other name for and if this were not so there could be no Peace upon Earth since there is not a Crown in Europe to which there are not several plausible Pretenders whose Claims have many warm and furious Abettors and perhaps it would be very difficult for any man to define what Prescription is sufficient to give more Title to a Throne than is gained by the quiet Possession thereof The Case of Henry the Seventh hath been already mentioned wherein the Judges resolved That the Possession of the Crown and of the Regal Government cleared him of all Incapacities Defects and Attainders whatsoever It is necessary to add That the Preservation of the Community is the End and Design of all Laws and that the greatest Solecism that can be in the OEconomy of a Kingdom is to suspend the Government though but for a Moment And in Truth the whole Society would perish by a very short Interval wherein every Man might do what seems good in his own Eyes It is for this Reason there is no interregnum in England And therefore there always is a King to whom the English Subject owes Allegiance exclusively of all others and that can be no other than the King de facto who is trusted by the Law with the executive Power thereof and who alone doth or can give the People actual Protection If it were needful this might be farther urged because every Man is represented in Parliament and their Act is the Act of every individual Person and it is beyond controversie That every one is obliged to obey the Authority himself has owned and consented to And as to the second Objection it is easily answered That Ireland is a subordinate Kingdom to England and part of its Dominions and therefore whoever is King of England is ipso facto King of Ireland as much as of the Isle of Sheppy or of the Isle of Wight and it was so at Common Law and it is explained to be so by the Irish Statute of 28 Hen. 8. cap. 1. wherein it is enacted That the King and his Successors Kings of England shall be Kings of Ireland and that Kingdom is by the same Act united and knit to the Imperial Crown of England And therefore it follows That Ireland must submit to such disposal of the Crown as
Irish Rebels and finding how they are in all likelihood in danger to be overborn by the power and potency of their said Adversaries do in all humility beseech your Lordships first to call to mind that his Majesty hath by his Royal assent unto an Act of Parliament obliged himself not to grant any Pardon or terms of Peace to the aforesaid Rebels without the consent of his Parliament of England and accordingly that your Lordships would not suffer any part of his Majesties Honour to be betrayed to calumny in assenting to such packed terms of Peace as they have already contrived to draw your Lordships unto without the consent of the said Parliament of England and without admitting your Petitioners to a free and full debate of the cause whereby they may vindicate his Majesty and themselves from that unnatural aspersion which the Irish would maliciously fasten on them by making the one the fauter and the other the occasion of their Rebellion And that the matter may not be carryed with such indulgency towards them as that to extenuate their real enormities your Petitioners must be made guilty of imaginary crimes and undergo a heavier censure for demanding Justice than they for perpetrating all their Treasons and that their Lives Fortunes and Posterities and which is dearest their Religion may not be sold or sacrificed to the malice of the Irish Papists or if this lawful favour shall be denied them that they may have leave to protest against any such fatal and destructive conclusions as are in hand to be made with the aforesaid Irish Rebels without consent of the King and Parliament or your Petitioners privity and that their fictious pretences of assisting his Majesty wherewith they have too long already abused himself and his Ministers on purpose to protract the War in England may not be a sufficient wile to delude your Lordships any longer but that your Petitioners and not Persons disaffected to their Religion and Nation now to be preserved or ruined may be heard to plead in this cause before any Judgment be given therein and that the Examples of their former and frequent breaches of the Cessation yet unrepaired may be accounted a reasonable caution to your Lordships to expect little better observation of any Peace that shall abridge them of their devilish designs And your Petioners shall ever Pray for your Lordships increase of Honour and Happiness Signed by the Lord Broghill the Magistrates of Cork Kinsale Youghall and Bandonbridge and above Three Hundred other Persons Append. XXVI The Articles between Sir Knelme Digby and the Pope Articles to be sent to the Lord Rimucini to be put in Execution in Ireland with Power to add to and take from them according to the present State of Affairs and as need shall be which will be better understood there upon the place 1. THAT the King of Great Britain do effectually grant in the Kingdom of Ireland the free and publick Use of the Roman Catholick Religion allowing the Ecclesiastical Hierarchy to be restored to the Catholicks with all the Churches and Revenues according to the Custom of the said Religion And as to the Monasteries pretended to have been released to the Possessors by Cardinal Pool Legate in the Time of Queen Mary that it be debated in a free Parliament in Ireland what may or can be done in that Point as likewise touching the three Bishopricks that of Dublin and the other two which are in the Hands of the Heretick Protestants under the Obedience of the King 2. That he annul and repeal all the Penal Laws and others whatsoever made aginst the said Catholicks on the Account of their Religion from the beginning of the Defection of Henry the Eighth to this Day 3. That for the better establishing the free and publick Exercise of the Catholick Religion and to add more Force and Security to the Repeal of the said Laws the King do call a Parliament in Ireland independent on that of England 4. That the Government of the Kingdom of Ireland and the principal Offices there be put into the Hands of the Catholicks and that Catholicks be made capable and promoted to Offices Honours and Degrees in that Kingdom in like manner as the Protestants have been till this Time 5. That the King do put into the Hands of the Irish Catholicks or at least such English Catholicks as the Supream Council of Ireland shall approve of the Town of Dublin and the other two which are held in his Name in Ireland 6. That he join his Forces with those of the Irish to drive the Scots and Parliamentarians out of Ireland 7. This being performed by the King and what else may in Ireland be added or altered in these Articles by the Lord Rimucini His Holiness is willing to pay to the Queen of Great Britain a Hundred Thousand Crowns of Roman Money 8. That the said King do repeal all the Laws made against the Catholicks of England and particularly the two Oaths of Supremacy and Allegiance so as they may enjoy their Revenues Honours Liberties and Priviledges as other the Gentlemen of that Kingdom do so that their being Catholicks shall be no manner of prejudice to them and that in the first Parliament or other Settlement of the Affairs of England His Majesty do approve and confirm the aforesaid Repeal and in the mean Time that they do actually enjoy all manner of Equality with the Protestants 9. That an Agreement be made between the King and the Supream Council of Ireland to transport into England a Body of an Army of Twelve Thousand Foot under Irish Commanders and Officers to whom shall be joyned Three Thousand or at least Two Thousand Five Hundred English Horse under Catholick Commanders upon such Conditions to be adjusted between them concerning the Government of the Army the Ports of their Landing and Places of Security as shall be adjudged just and convenient 10. When the said Forces shall be entred into England and joyned together in any Place His Holiness will pay the first Year a Hundred Thousand Crowns of Roman Money by a Monthly Proportion the same to be continued the second and third Year as â—â—is Forces shall stand and according to the Advantage that shall â—e made by the said Army 11. And lastly because the first six Articles may speedily be put in Execution His Holiness will expect the performance of them in six Months from the Date of these Presents and as to the Eighth and Ninth that require perhaps longer Time he will stay four Months more besides the Six beyond which he will not be tyed to this present Promise At Rome the 30 th Day of November 1645. Append. XXVII The Articles made by the Earl of Glamorgan WHereas much time hath been spent in meetings and debates betwixt His Excellency James Lord Marquess of Ormond Lord Lieutenant and General Governour of His Majesties Kingdom of Ireland Commissioner to His most Excellent Majesty Charles by the Grace of God King of
Pound six Shillings and eight Pence per annum Lib. G. and obtained an Order from the King and Council That all those who had Lands in Ireland should repair thither or send sufficient Men in their Room to defend the Country on Pain of forfeiting their Estates Nevertheless this Lord Justice was so far from subduing the Irish that he confessed he could never get access to know their Countries or Habitations and yet he had spent more time in the Service of Ireland than any Englishman then living So finding he could do no good he resigned to James Earl of Ormond July 24. 1376 Lord Justice In whose time the Counties Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom and not to the English Parliament as some have mistaken it Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor requiring them to levy the reasonable Expences of these Commissioners from the respective Places that chose them by Writ under the great Seal of Ireland And accordingly John Draper who served for Cork had a particular Mandate to the Mayor and Bayliffs of that City to pay him his reasonable Expences as aforesaid It will not be unuseful to recite this Lord Justice his Commission because the Reader will thereby perceive what Authority he had and will also note the Difference between this brief Commission and the prolix Forms that are now used REX omnibus ad quos Ibid. c. Salutem Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler Comiti de Ormond officium Justic nostr Hibern Terram nostram Hibern cum Castris aliis pertinentiis suis custodiend quamdiu nobis placuerit percipiend per ann ad Scac. nostrum Hibern quamdiu in Officio illo sic steterit quingent libras pro quibus Officium illud terram custodiet erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta c. But by a subsequent Patent the sixth of August he had Power to Pardon all Offences generally or to particular Persons and by consent of the Council to remove or displace any Officer those made by Patent under the great Seal only excepted Ibid. 307. And by another Writ of the same date the former Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life Member Lands or Goods And the same time Alexander Bishop of Ossory was made Treasurer of Ireland and a Guard of six Men at Arms and twelve Archers at the King's Pay allowed him I have seen a Copy of a Commission to Maurice Fitz-Thomas Lib. G. 13. Earl of Kildare to govern Ireland till Sir William Windsor's return it bore date the sixteenth of February 50 Edw. 3. and Stephen Bishop of Meath was appointed to oversee Munster but because I find no other mention of his being in the Government about this time I have therefore omitted to name him as Lord Justice And so we are come to the twenty first Day of June 1377. 1377. on which Day this victorious King died at Shene in Surry in the sixty fourth Year of his Age and of his Reign the one and fiftieth Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum though the Medium be taken from the best seven Years of his Reign THE REIGN OF RICARD II. King of England c. And LORD of IRELAND RICHARD the Second only Son of Edward commonly called the Black Prince Eldest Son of King Edward the Third was by his Grandfather declared to be his Heir and lawful Successor and accordingly succeeded him in the Throne on the 21st of June and was Crowned at Westminster the 16th of July following 1377. His tender Age being but eleven years old required a Protector and because it seemed dangerous to commit that great Authority and Power to a single Person it was given to the Kings Unkles the Duke of Lancaster and the Earl of Cambridge and others who thought fit to continue in the Government of Ireland James Earl of Ormond Lord Justice he kept the Kingdom in as good order as those dangerous and troublesom Times would admit of Baker 141. for both the French and the Scots took advantage of the Kings Infancy to disquiet his Dominions but especially the Realm of England This Lord Justice according to the Usage in those days held Pleas of the Crown Lib. G. Lambeth and Gaol-delivery at the Naas on Monday after Valentines Day 1378. and not long after surrendred to Alexander Balscot Bishop of Ossory Lord Justice who continued in the Government until November following Lib. G. and then gave place to John de Bromwick 1379. Lord Justice in whose time Beauchamp Earl of Warwick was by the Parliament of England made sole Protector of the King and Kingdom And then was made that first Act or Ordinance against Absentees Lib. M. Lambeth 138. by the Assent and Advice of the Lords and Nobles of England Davis 38. 199 being in Parliament Whereby it is Ordained That all that have Lands 4th Instit. 356 360. Rents or Offices in Ireland shall return thither but if they have reasonable cause to absent that then they shall send sufficient Deputies to defend their Castles and Estates or contribute two Thirds of the yearly value towards the defence thereof but that Students and those in the Kings Service and those absent for reasonable Cause by Licence under the Great Seal of England shall be excused for one Third of the yearly Profit of their Estates This Act was confirmed afterwards Lib. F. 19 Edw. 4. and by vertue hereof the Mannor of Ballymaclo in Meath was seiz'd into the Kings Hands for the absence of William de Carew but was the next year restor'd to him on his Petition Prin 308. Septemb. 27. 1380. And it is to be remembred That this Act was occasioned by a Petition from Ireland and that it is mentioned in the Body of the Act that the Loss of Ireland would be a Disinherison to the King and his Crown of England Ibid. At the same Parliament at Westminster there was another Irish Petition for Mine and Coigne which I take to be a Liberty to dig Mines and a Mint to coyn Money For the Kings Answer is That for six years to come every one may dig in his own Grounds for any Mineral whatsoever even Gold and Silver paying the Ninth part thereof to the King and sending the rest to the Kings Mint at Divelin for the Coynage of which they shall pay the usual Rates but must transport none to any place except England on pain of forseiting it if it be seized or the Value if he be convict of it unless the Party had special Licence under the Great Seal of
pain of loss of Life Lands and Goods that never any of them do make War upon another without Licence or Commandment of you my Lord Deputy and the Kings Council for the utter destruction of these parts is that only cause and once all the Irishmen and the Kings Enemies were driven into a great Vally called Glanehought betwixt two great Mountains called Maccorte or the Leprous Island and there they lived long and many years with their White-Meat till at the last these English Lords fell at variance among themselves and then the weakest part took certain Irishmen to take his part and so vanquished his Enemy and thus fell the English Lords at variance among themselves till the Irishmen were stronger than they and drave them away and now have the whole Country under them but that the Lord Roch the Lord Courcy and the Lord Barry only remain with the least part of their Ancestors Possessions and young Barry is there upon the Kings Portion paying his Grace never a penny of Rent wherefore We the Kings poor Subjects of the City of Cork Kinsale and Youghal desire your Lordship to send hither two good Justices to see this Matter ordered and some English Captains with twenty Englishmen that may be Captains over us all and we will rise with them to redress these Enormities all at our own Costs and if you do not we be all cast away and then farewel Munster for ever and if you will not come nor send we will send over to our Liege Lord the King and complain on you all However I will not pretend to be exact in the timing of this Letter This Lord Lieutenant had a Son born at Dublin well known afterwards by the Name of George Duke of Clarence to whom the Earls of Ormond and Desmond were Godfathers and thereupon Desmond grew so insolent and haughty that his Oppressions were the chief Cause of the aforesaid Letter from Cork but it is probable that the Lord Lieutenant return'd to England and left James Earl of Ormond afterward Earl of Wiltshire 1451. and Lord Treasurer of England Lord Deputy in whose time Sir John Talbot was made Lord Chancellor of Ireland and it seems Complaint was made against him because he put in a Deputy in his room absque Regis licentia Lib. CCC This Lord Deputy was made Lord Lieutenant and went for England leaving John Mey Archbishop of Armagh Lord Deputy 1453. wherewith the Government of England being dissatisfied a Writ was sent to the Earl of Ormond commanding him Quod circa praemissis intenderet I suppose the Reason might be because there was a Necessity for the Presence of a Military Governour of Power and Authority in that Kingdom to repel the daily Incursions of the Irish into the Pale and therefore Ormond not being willing to come over the Government was committed to Thomas Earl of Kildare 1454. Lord Deputy who held it only until the arrival of Sir Edward Fitz-Eustace Lord Deputy to the Duke of York Who held a Parliament in Dublin at which it was enacted I. That all Statutes against Provisors in England or Ireland should be held in Force II. That Inquests before Coroners shall be discharged after a second Verdict that they do not know the Felon III. That no Appeals shall be to England except for Treason against the King's Person and in all false Appeals the Plaintif shall pay Damages and twenty Pound and one hundred Shillings Fine In the mean time the Duke of York in England obtained a famous Victory over the King's Forces at S. Albans where the Duke of Somerset was slain and the King himself was wounded in the Neck and afterwards on the ninth of July he was made Protector of the King's Person by Parliament And in Ireland Thomas Earl of Kildare was Lord Deputy to the Duke of York 1455. and held a Parliament at Dublin wherein it was enacted I. That no Exigents nor Outlawries be made by Commissioners II. That the Recorder of Dublin and Drogheda shall have but two Pence for every Plaint III. That every Man shall answer for his Sons and waged Men. IV. An Act about Escheators V. That a Parliament should be held every Year And he held another Parliament at the Naas Lib. M. 48. Friday after All Saints which enacted I. That all Strangers pay forty Pence per Pound Custom for transporting Silver II. That every Man shall answer for his Sons except in Cases Capital III. That no Person not amesnable to Law shall distrain without Licence on pain of forfeiting his Title And he held another Parliament at Dublin Friday after the Purification at which it was established I. That Beneficed Persons should reside II. That the Inhabitants to enclose the Village might remove the High-way forty Perch Richard Duke of York 1459. upon the Revolt of Andrew Trollop and the Callicians broke up his Army and fled first to Wales and afterwards to Ireland where he was kindly received and by his Deputy the Earl of Kildare he held a Parliament at Dublin the third of February which enacted That Warrants to the Chancellor bear the Date of the Delivery and that the Patents be of the same Date or else be void And the same Day twelve month he held another Parliament at Drogheda 1460. wherein it was enacted That no Man should sue in the Exchequer but a Minister of that Court on pain of ten Pound This Duke and his Abettors were in a Parliament at Coventry declared Traytors and thereupon the Earl of March came to his Father into Ireland and soon after returned to Calice and thence invaded England at Sandwich and on the ninth of July he fought and defeated the King at Northampton and took him Prisoner whereupon the Duke of York went to England and called a Parliament in the King's Name and in that Parliament boldly claimed his Title and so it was enacted That King Henry should keep the Crown during his Life and the Duke should be declared Heir apparent and in case of Opposition or farther Bustle about it should have present Possession But not long after the Duke was defeated and slain at the Battle of Wakefield This Duke behaved himself exceeding well in Ireland he appeased the Tumults there and erected Castles on the Borders of Louth Meath and Kildare to stop the Irish Incursions and was so well esteemed in that Kingdom that Multitudes of the Irish Subjects attended him into England to pursue his Claim to the Crown Nevertheless the Publick Revenue was but very low because the whole Kingdom was in Possession of the Irish except the Pale and some few Places on the Sea-Coast in Vlster and even that was so far from being quiet that they were fain to buy their Peace by yearly Pensions to the Irish and to pay Tribute and Contributions to them for Protection which nevertheless was but very ill observed to the English It cannot be expected I should give the Reader an exact
his Reward And this is all I find done in Ireland during this Kings Reign 1485. which ended at the Battel of Bosworth on the two and twentieth Day of August 1485. THE REIGN OF HENRY VII King of England c. And LORD of IRELAND HENRY TVDOR 1485. Earl of Richmond Heir of the House of Lancaster by the Victory at Bosworth obtained the Crown of England and had the more solemn Possession of it at his Coronation on the thirtieth Day of October following To these two Pretences of Conquest and Possession he added the more specious Title of an Act of Parliament and yet thought himself not secure until he married Elizabeth Daughter of Edward IV in whom the Right really lay she being Heiress of the House of York However he governed as in his own Right and that so absolutely that he suffered not the Queen to intermeddle in State Affairs even so much as was usual for the Wife of a King Gerald Earl of Kildare whom he found Deputy to the Earl of Lincoln Wares Annals 2. he continued Deputy to the Duke of Bedford he also continued the Chancellor Treasurer and other Officers of State whom he knew partial to the White-Rose without joyning others of his own Party with them because he would theâ—eby insinuate That he had a Confidence in their Integrity and that he was elevated above Fear or Suspicion Nevertheless Sir Thomas Butler Earl of Ormond whose Family were fast Friends to the House of Lancaster and for which they had suffered exceedingly was not neglected but was by Act of Parliament in England restored both to Honour and Estate and soon after he was sworn of the Privy Council in England Lib. G. Lamb. And it seems that the Family of Desmond was also restored because I find that the Lord of Kerry did this Year recover some Lands in that County by Assize in the Court-Palatine there before Thomas Copinger Gent. Seneschal of the Liberties of Kerry unto James Earl of Desmond I should not have observed that Edmond Courcy was now made Bishop of Clogher but that he was the first Englishman that ever sat in that See There is not much mention made of any Disturbances this Year Ware 3. except that remarkable Contest between James Keating and Marmaduke Lumley about the Priory of Kilmainham Keating had been deprived by the great Master of that Order anno 1482 being accused of pawning or selling divers Ornaments of the House and particularly a Piece of the Cross and for alienating and incumbring the Revenues of the Priory and Lumley was substituted in his room but as soon as Lumley arrived at Clantarfe to take possession of his new Dignity Keating with a Company of Men came thither and took him Prisoner and detained him in Custody until he resigned all the Writings and Instruments of his Election and Confirmation and then Keating gave him the Preceptory of Kilsaran in the County of Louth But Lumley complained of this Usage as well to the King of England as to the great Master of the Order at Rhodes and at length prevailed to get Keating excommunicated whereas he was so inraged that he turned Lumley out of his Preceptory by Force and put him in Prison in spight of Octavianus de Palatio Archbishop of Armagh who did his Endeavour to protect Lumley It is probable that Lumley died in Prison because we hear no farther of him and because it is certain he never came to be Prior And as for Keating although he did make a shift to keep the Priory almost nine Years afterward by strong Hand yet at last he was ignominiously ejected and died in Poverty and Disgrace being succeeded by James Vale. It became a Question this Year in England 1 Hen. 7. 4. b. How the Attainder of this King should be taken off but it was unanimously resolved by all the Judges That the Possession of the Throne or the Assumption of the Royal Dignity did take away all Imperfections Incapacities and Attainders whatsoever And it is observeable that the Judges say The taking upon him to be King did all this for the Crown did not Descend to Henry VII because he was not the true Heir but afterwards married her that was so Nor can any thing properly descend to a person attainted because the Blood is corrupted so that he cannot be Heir to any Body But the King perceiving that the Faction of York was at work in Ireland 1486. sent for the Lord Deputy to repair to him into England but he being loath to undertake that Journey procured Letters from the Council June 4. importing That his Presence was so necessary in Ireland that he could not at present be spared from that Government And by these Means he excused himself for a while In the mean time Lambert Symnel a Youth of a lovely and fascinating Countenance and of a princely Behaviour was well instructed by a crafty Priest Sir Richard Symon to personate the Earl of Warwick only Son of George Duke of Clarence for which Duke being their Countryman born the Irish had a wonderful Respect as indeed they had generally for all the Family of York This Youth had learned his Lesson so well that Margaret Dutchess of Burgundy resolved to set him up against King Henry although there were two great Flaws in this Contrivance The one was That the true Earl of Warwick was in King Henry's Hands in the Tower of London The other That he was not right Heir to the Crown because there were Children of King Edward the Fourth still living Nevertheless she sent this Counterfeit Prince to Ireland where he met with all the Countenance he could desire as well from the Lord Deputy as from almost all the rest of the Nobility Gentry Clergy and People the Archbishop of Armagh the Bishop of Clogher and the Families of Butler and S. Lawrence and the City of Waterford only excepted And though the King caused the true Earl to be taken out of the Tower and shewn publickly in London which marred all their Designs there yet the Irish were not thereby Discouraged but confidently accused the King of Imposture as he did them and therefore that Project was not so effectual to him as was another of getting a Bull from the Pope requiring the Clergy to excommunicate the Rebels as often as the King should desire it which did him a great deal of Service But Mac Mahon took advantage of these Stirs and invaded Louth which he burnt and preyed according to the Custom of making War in those Days he destroyed twenty eight Villages in that Country And the Tempest was no less fatal to Vlster where it rooted up Trees and threw down Houses In May the Dutchess of Burgundy sent over two thousand Germans under the Command of Martin Swart an old Soldier with them there came the Earl of Lincoln the Lord Lovel and others and were kindly received and lovingly entertained by the Nobility Gentry and People of
this he did because he was then in Rebellion against Henry the Sixth and to encourage his Partizans to repair to him in Ireland and by vertue of this Act he Executed William Overy Esq who was Servant to the Earl of Ormond And now the Abettors of Lambert Symnel and Perkin Warbeck which are the Lads mentioned in the new Statute excused themselves upon the aforesaid Act and therefore it was now repealed and all Receivers and Maintainers of Traytors are by this Act made guilty of Treason and Obedience is commanded to be paid to the Great Seal and Privy Seal of England and to Letters Missive under the Kings Signet IV. The Famous Statute commonly called Poyning's Act That no Parliament should for the future be holden in Ireland until the Chief Governor and Council do first certifie the King under the Great Seal of that Land as well the Causes and Considerations as the Acts they design to pass and till the same be approv'd by the King and Council and a Licence thereupon do issue from the King to summon a Parliament and that all Parliaments hereafter holden in other manner be void and of none effect And it is to be noted That this Act was by the Statutes of 28 Hen. 8. c. 4. c. 20. suspended as to that Parliament and by the Statute of 3 4. Philip and Mary it is very excellently and at large explained and by the Statute of 11 Eliz. c. 1. Poyning's Act was again suspended or superseded as to that Parliament in confidence that their most worthy Governour Sir Henry Sydny would not pass any Bills prejudicial to the Queen or the Kingdom but because they had not the same Assurance of their future Governours they did upon second thoughts and in another Session make a Law 11 Eliz. c. 8. That no Bill should for the future be certified into England for the Repeal of Poyning's Act until first such Bill should be approved of by the Majority of both Houses of Parliament in Ireland nevertheless whenever it shall happen that the English and Protestant Interest in Ireland shall overtop its Enemies and make a Majority in Parliamentary Assemblies that Act of Poyning's which was made only to help the English when too weak for the Irish will be obsolete and useless when the Irish Popish Interest becomes inconsiderable V. That all the Statutes against Provisors made in England or Ireland be put in execution here VI. That no Citizen or Townsman receive Livery or Wages from any Nobleman or Gentleman neither engage themselves by Indenture or otherwise to any Lord or Gentleman on pain of being disfranchis'd and expell'd the Corporation and the chief Magistrate to forfeit Twenty Pounds if he fail to punish the Transgressors of this Law and that no Lord or Gentleman shall retain any other but his Officers and Menial Servants on pain of Twenty Pounds VII That none be Aldermen Jurors or Free-men in any Town but such as have been Apprentices or constant Inhabitants there and that no man be Mayor but one known to be Loyal nor no Lord or other be made privy to their Consultations except their Recorder on pain of an hundred Marks and all their By-Laws contrary to the Kings Prerogative and Jurisdiction to be void and that this Act be recorded in every Corporation VIII That the Statutes of Kilkenny be confirm'd and executed except those about the Irish Language and riding on Saddles IX That the Subjects keep Bows and Arrows X. That the Captains of Marches do present the Names of their Retinue by Indenture that they may answer for their Defaults and that it be Felony to succour or willingly suffer Rebels or Enemies to pass and re-pass the Marches and that every Proprietor of Land in the Marches do reside thereon or appoint a sufficient Deputy to do so on pain of losing his Estate during his Absence and that all People near the Marches from Sixteen to Sixty be ready on warning in their best defensible Array to defend the same XI That no man compound for the Death or Murder of his Friend or Relation nor revenge it but according to Law XII That no man keep Fire-Arms after Proclamation on pain of Twenty Pounds XIII That it be Treason to stir up the Irishry to make War on the English or any body to make war against the chief Governour of Ireland XIV That one of the Realm of England be Constable of the Castle of Dublin and the like of Trim Lexlip Athlone Wicklow Green-Castle Carlingford Castlefergus repeal'd 11 Car. 1. c. 6. And hence arose the vulgar Error That no man can be Lord Lieutenant of Ireland but an Englishman born XV. An Act about the Records of Vlster Conaught and Trim. XVI That the Lords appear in their Robes every Parliament on pain of one hundred Shillings XVII That no man shall make Peace or War without the Consent of the Chief Governour on pain of one hundred Pounds c. for it is to be noted that before this time every Lord made War or Peace as he pleased without Pay or Commission XVIII That no man take Money or Horsemeat by colour of Gift Reward or otherwise by reason of any Menace and if he do the Giver is to forfeit an hundred Shillings unless he complains seasonably and the Taker is to suffer the Punishment appointed for the Takers of Coyn and Livery XIX That the Souldier shall pay three halfpence a Meal and his Man a Penny and a Penny for six Field-sheaves of Oats and Litter according and whoever refuses to quarter Souldiers at this Rate forfeits twelve pence a time unless he be a Man of twenty Marks Estate per annum and except Cities and Corporate Towns XX. That the Words Cromabo and Butlerabo and such like Words of Faction be abolished XXI That wilful Murder be High Treason XXII That all the Statutes late made in England concerning or belonging to the Publick Weal be henceforth good and effectual in Ireland And XXIII That the Statutes made by the Lord Gormanstown aforesaid he repeal'd and null There were many other Statutes made at this Parliament Lib. D. although they are not Printed Davis 171. One was That the King should have a Subsidy of twenty six shillings and eight pence out of every sixscore Acres of Arable Land in lieu of Purveyance which it seems was together with Coyn and Livery supprest by that Act Rot. Parl. c. 4. And another Act gave Power to the Lord Treasurer to govern the Kingdom on the Death or Surrender of the Chief Governor until the Kings Pleasure were known There was also an Act made in favour of the Knights of St. John's of Jerusalem to resume all their Possessions alienated by Prior Keating or his Predecessor Thomas Talbot and to restore the Jewels and Reliques they had pawn'd to depose the Preceptors they had placed in the Commanderies and that no man but an Englishman should be Prior for the future Another Act made a general
them to new Disturbances And accordingly the Earl of Desmond the Archbishop of Cashel the Bishops of Cork and Waterford and many other of the principal Men of Munster were pardoned and the Liberties and Charters of Youghal were restored and confirmed and their Priviledges enlarged In the mean time dyed Rowland Fitz-Eustace Baron of Portlester who at several times had been Deputy Chancellor and Lord High Treasurer of Ireland which last Place held thirty eight Years And about the same time died Cnoghor mac Trelagh O Brian Chief of Thomond and was succeeded by his Brother Gil duff by Popular Election according to the Custom of Tanistry But it is time to return to Perkin Warbeck whom we left in the Arms of a fair Lady in Scotland that King had already made several Essays in favour of this supposititious Prince but now his Affairs pressed him to make a Peace with the English which King Henry would not hear of unless Perkin were delivered up It was therefore necessary for the Impostor to seek new Quarters 1497. And therefore being secretly supplied by the King of Scotland with Necessaries for his Voyage he embarqued with his Wife and Family and landed safely at Cork the twenty sixth of July he could not have pitcht upon a Place more prone to Rebellion at that time but curst Cows have short Horns and their Ability was not suitable to their Inclinations however he listed one hundred and twenty Soldiers and by the Aid or at least Countenance of the Earl of Desmond he got Conveniences for their Transportation And so finding the Earl of Kildare so firm and potent that no good was to be done in Ireland and receiving an Invitation from the Cornishmen he sailed directly to Cornwal in September and landed safely at Whitsand-bay The City of Waterford which for its loyalty to the Crown against Lambert Symnel had received great Favours and Priviledges from his Majesty was now altogether as vigorous against Perkin and by its discreet behaviour in this Affair well deserved the Motto Intacta manet Waterfordia That City manned out four Ships and sent them in pursuit of Perkin but Fortune did not favour that Generous and Loyal Design This Impostor being thus arrived in England took upon him the Name of Richard IV King of England and as such behaved himself and acted his Part so well that he would often lament the Destruction of his People and would frequently bemoan the Tyranny and Oppressions they lived under which sort of Deportment took with the common People exceedingly insomuch that some thousands of them came to him at Bodmin with them he besieged Excester and assaulted the City with great vigour and Resolution which the Couragious and Loyal Citizens by the help of some of their Country Neighbours as valiantly defended Hereupon Perkin raised the Siege and marched to Taunton and although the Cornishmen continued resolute to conquer or dye yet Perkin perceiving their Courage was greater than their Strength and finding that the King's Army did daily increase whilst his did decrease he privately withdrew to the Sanctuary of Beaulieu in Hampshire and afterwards surrendred himself and being imprisoned in the Tower he made his escape once and attempted it the second time and was therefore together with his Friend John Waters Mayor of Cork hanged at Tyburne where he confirmed the Confession he had formerly made which was to this effect I Being born in Flanders Campion 104. in the Town of Turney put my self in Service with a Britton called Pregent Meno the which brought me with him into Ireland and when we were there arrived in the Town of Cork they of the Town because I was arrayed with some Cloaths of Silk of my said Masters threeped upon me That I should be the Duke of Clarence's Son that was before time at Divelin and forasmuch as I denyed it there was brought unto me the Holy Evangelists and the Cross by the Mayor of the Town called Ino Lavallin and there I took my Oath That I was not the said Duke's Son nor none of his Blood After this came to me an Englishman whose Name was Stephen Poytow with one John Walter and sware to me That they knew well that I was King Richard's Bastard-Son to whom I answered with like Oaths That I was not and then they advised me not to be afraid but that I should take it upon me boldly And if I would so do they would assist me with all their Power against the King of England and not only they but they were assured That the Earls of Desmond and Kildare should do the same for they passed not what part they took so they might be avenged on the King of England and so against my Will they made me to learn English and taught me what I should do and say And after this they called me Richard Duke of York second Son to Edward IV because King Richard's Bastard-Son was in the Hands of the King of England And upon this they entred into this false Quarrel and within short time after the French King sent Embassadors into Ireland viz. Lyot Lucas and Stephen Frayn and so I went into France and thence into Flanders and thence into Ireland thence into Scotland and so into England again But let us return to the Affairs of Ireland 1498. which were briskly managed by the Lord Lieutenant He called a Parliament at Trim which met on the twenty sixth of August in the fourteenth Year of the King's Reign which must be anno 1498. and not 1499. as it is mistaken in the printed Statutes for the King began his Reign the twenty second Day of August 1485. There is but one Act of this Parliament extant and that is To make all the Statutes in England about the Officers of the Custom-house to be of force in Ireland after Proclamation at Dublin and Drogheda A very needless Law certainly since it could have but four Years retro-spect all former English-Statutes being ratified here by Poyning's Act of 10 Hen. 7. cap. 22. In the mean time Henry O Neal who had murdered his Brother Con was this Year served in the same kind by Tirlagh and Con Sons of the former Con And not long after the Lord Lieutenant invaded Vlster in favour of the aforesaid Tirlagh O Neal who was his Nephew by the Mother he was joyned by O Donel Macguire and all Tirlaghs Friends and effectually besieged Dungannon took the Castle and set at Liberty all the Prisoners that Neal mac Art O Neal kept there and forced Neal mac Art himself to submit and give Hostages The Vlster Expedition being over the Lord Deputy in October marched to Cork where he placed a Garrison and forced the Inhabitants of that City and of Kingsale to swear Allegiance and to bind themselves thereunto both by Indentures and Hostages which it seems he thought were stronger Obligations upon them than their Oaths After his return in the beginning of March Ware 's Annals he held
proved disadvantagious to the State and that lenity to the Irish Rebels has produced no other Effects than that it has encouraged them to relapse and others to follow their Example And of this Shane O Neal affords us one Instance for notwithstanding this Submission it was not long before he rebelled again and Rory O Connor and Donough O Connor followed the same Copy for though they submitted at Dingen and put in Hostages for their Loyalty yet they rebelled once more and therefore were on the twenty fifth Day of February proclaimed Traytors and at length were slain and their Country wasted 1557. In like manner William Odare O Carol was made Governour of Ely O Carol under certain Conditions one of which was To send a certain number of Soldiers to every Hosting but this Condescention and Kindness could not oblige him but that the ungrateful Traytor rebelled next Year and was routed and Thady O Carol was put in his Place And so we are come to the Parliament which began the nineteenth day of June and on the second day of July was adjourned to the tenth day of November to Limerick and then was adjourned to the first day of March to Drogheda but the Lord Deputy who by the Death of his Father was Earl of Sussex went to England on the fourth day of December and not returning before the first day of March the Parliament by his Absence became dissolved It seems that besides the Statutes that are in Print this Parliament enacted 1. That the Queen was Legitimate 2. That the Royal Power was vested in her 3. That her Issue should inherit the Crown and Kingdoms of England and Ireland 4. That Heresies should be punished and three Statutes to that effect were revived 5. That all Acts against the Pope made since 20 Hen. 8. be repealed 6. That the Grants made by Archbishop Brown be void and cap. 12. that First-Fruits be released But afterwards by the Act of the second of Elizabeth cap. 1. the Act of Repeal was repealed and the revived Statutes against Heresie were suppressed the Jurisdiction of the Pope was abolished and cap. 3. the First-Fruits and twentieth Part were restored to the Crown There was also an Act to give the Queen a Subsidy of thirteen Shillings and four Pence out of every Plow-land for ten Years And another to make it Treason to introduce or receive armed Scots into Ireland or to marry with a Scot without Licence under the great Seal The printed Acts of this Parliament are I. For the Disposition of Leix and Offaly II. For making the King's County and Queens County Shire-Ground and entituling their Majesties thereunto III. For making other Counties into Shire-Ground IV. To explain Poynings Act that new Bills whilst the Irish Parliament sits may be transmitted into England for Approbation as well as if they had been sent before the Parliament met V. That Labourers or Cottiers shall not buy Horses more than is absolutely necessary VI. That the Owners of stolen Goods using their best Endeavours to prosecute the Felon shall be reprized out of the Felons Goods if they cannot get their own again VII That no Body shall make Aquavitae without Licence under the great Seal except Noblemen Gentlemen and Freemen of Towns that send Members to Parliament And it is to be noted That this Act which was designed to spare Corn and prevent a Dearth was necessary at that time Yet now the Kingdom is better improved and consequently abounds in Corn this Act though not repealed is become obsolete and a quite contrary Act viz. To encourage the Making and Exportation of Aquavitae would tend very much to the Advantage of Ireland In July the Lord Deputy made an Expedition against the O Maddens whose Country called Silanchia now the Barony of Longford in the County of Galway was last Year on the Murder of John O Madden divided between Malachy Modhar and the Murderer Brasil Duff the Deputy sent a Summons to the Castle of Melik but the valiant Warders not only boasted how stoutly they would defend it but also believing that every Summons was an Affront and as it were a Suspicion of their Courage they assured the Herald That it should not be safe for him to come with any more such Messages to them It is hardly credible That after all this Ostentation these Men of War should desert the Castle the very next Night however they certainly did so and the Lord Deputy placed a Garrison in it and returned On the tenth of August the Lord Deputy advanced into Vlster Ware 220. being accompanied by the Lords of Kildare Ormond Baltinglass Delvin Dnnboyne and Dunsany his Design was against the Scots but they sheltered themselves in the Woods and Bogs so that he did them no other Mischief than that he took some Preys however some of them were thereby perswaded to submit and Daniel Mac Conel and Richard Mac Guilliam received the Honour of Knighthood On the twenty second Day of October the Lord Deputy made another Journey into Vlster And on the twenty fourth day he came to Dundalk and on the twenty fifth he took a Prey and came to Armagh the Rebels still flying before him on the twenty seventh he burnt Armagh except the Church and marched to Newry and so on the thirtieth day of the same Month returned to Dublin And being ordered to attend the Queen in England he first obliged O Carol O Molloy Macgehogan O Doyne Mac Coughlan the two O Maddens and Fylemy Duff to gives Hostages of their Good Behaviour And then on the fourth of December he set sail for England leaving Hugh Curvin 1557. Lord Chancellor and Sir Henry Sydny Treasurer at Wars Lords Justices by Patent dated at Westminster the twelfth of November after they were censed and sprinkled with Holy Water and Mass was celebrated they were sworn at Christ-Church on Sunday the fifth of December and received the Sword from Sir John Stanly the Marshal with whom it was left to that Purpose and they continued in their Office until Sir Henry Sydny Ware 222. Lord Justice was sworn on the sixth of February by the Queen's Command and by virtue of a Commission bearing date the eighteenth day of January he attacked Arthur O Molloy Chief of Fercalia who was brewing new Treasons and favoured and cherished those that were in Rebellion But the Lord Deputy did soon over-run his Country and made Theobald O Molloy Governour thereof and took his Son for a Hostage of the Father's Fidelity and then by Cess in the Pale the Deputy furnished the Forts of Maryburgh and Philipsburgh with Victuals and returned to Dublin where he made Proclamation That no Corn should be carried out of the Pale In the mean time Shane O Neal invaded Tyrconnel designing to reduce it to the former Tribute and Dependance it paid to his House Calvagh O Donel being too weak to resist by Force betook himself to his Politicks and made an Essay by Night on the
November 1558. And it is observable That though she was a very zealous Papist yet the Irish were not quieter during her Reign than they were under her Brother but on the contrary their Antipathy against Englishmen and Government induced them to be as troublesome then as at other times and prevailed with Mr. Sullevan to give this severe Character of her Reign Sullevan cath hist. 81. That although the Queen was zealous to propagate the Catholick Religion yet her Ministers did not forbear to injure and abuse the Irish Quae tametsi catholicam Religionem tueri amplificare conata est ejus tamen Praefecti Conciliarii injurias Ibernis inferre non destiterunt THE REIGN OF ELIZABETH QUEEN OF England France AND IRELAND ELIZABETH 1558. the only surviving Child of Henry the Eighth succeeded her deceased Sister Queen Mary on the seventeenth day of November 1558. and in the five and twentieth year of her Age the Parliament who were all Papists then sitting she was by their common consent immediately Proclaimed Queen And though Mary and Elizabeth could not be both legitimate no more than their Father could have two Wives at once for if the first Marriage and Dispensation were not good then was Queen Mary spurious and if they were valid then was Elizabeth the Issue of an adulterous Bed yet by a rare Example of Fortune they both enjoyed Successively the Dominions of their Father and Elizabeth succeeded as Heir to Mary But nothing in History is more strange than that the Papists who had the whole Power in their hands should so peaceably accept of a Queen who according to their Doctrine and by Act of Parliament primo Mariae was a Bastard and by Report was a Protestant and not so much as make one Essay in behalf of the Queen of Scots who was a Catholick Princess and in their Opinions the right Heir But the true Reason was because they believed Elizabeth would declare her self a Catholick and also marry the King of Spain both which Matters she managed so wisely that even the King of Spain himself was deceived thereby iâ— perhaps his Dread and Hatred of the Scots the ancient Allies of France did not prevail with him to favour Elizabeth even though she should prove a Protestant rather than see the English Crown placed on the Queen of Scotland who had espoused the Interests of France and was inseparably linked to them Nevertheless it must be confessed That the Statesmen of that time whose Interests and Designs were Popish were much overseen and did not build their Conjectures upon Reasons that were any thing solid for it was Elizabeth's greatest Interest to regard her own Legitimacy and it was notorious that by marrying King Philip her Sister's Husband she must justifie by her own example the Marriage of Henry the Eighth with his Brothers Wife and by submitting to the Authority of the Pope she must at least tacitly allow his Dispensation for the Marriage of Henry the Eighth and Princess Katherine both which things would by consequence bastardize her and render her Reign and Life precarious The Papists quickly perceived their Oversight and to redeem that Error fell into a worse and refused to Crown their Sovereign whom they had but a little before unanimously Proclaimed but at length it was performed by Doctor Oglethorp Bishop of Carlisle on Sunday the twenty fifth of January 1558. Thomas Earl of Sussex was Lord Deputy of Ireland and with an Army of one thousand three hundred and sixty Foot and three hundred and twenty Horse had kept that Kingdom for some time in a more peaceable and quiet condition than usually him the Queen continued for a while and sent him Instructions written by Sir William Cecil's own hand viz. That a new Survey should be made of all Lands Spiritual and Temporal and no Leases to be made but on the best Survey Secondly Lib. C. The Leases for Customs of Ports not to be renewed without increase of Rent Thirdly Leix Offaly Irys Glanmaliry and Slewmarge to be distributed according to Act of Parliament to Tenants and their Heirs Males Fourthly The Exchequer to be regulated according to that of England and a Book about the Methods of the Exchequer Signed by the Queen and subscribed by the Officers of that Court was sent to the Deputy but not long after he was recalled and thereupon the Council elected Sir Henry Sydny Lord Deputy whose Government was something troublesom by means of Shane O Neal who took upon him the Name of O Neal and disclaimed the English Jurisdiction because by the Laws of England he could not inherit for Henry the Eighth had given the Earldom of Tyrone to Con O Neal with Remainder to his Son Matthew whom for the present he made Baron of Dungannon as hath been already related This Con had two Sons Matthew and Shane but Shane alledging that Matthew was a Bastard and the Son of a Smith of Dundalk as inded he had been reputed for fifteen years did claim the Inheritance and having murthered his Brother Matthew and imprisoned his own Father who thereupon died with grief he set up for himself and broke out into Rebellion The Lord Deputy marched to Dundalk to fortifie and defend the English Pale and sent for Shane O Neal who lay at a House of his six Mile from Dundalk to come to him thither but Shane desired to be excused and prayed that the Lord Deputy would be pleas'd to be his Gossip and that then he would come and do all that should be requisite for her Majesties Service and though this seem'd dishonourable that the Deputy should be Gossip to a Rebel before Submission yet the necessity of the Queens Affairs required it and therefore he consented and on the last day of January he and James Wingfield Christned the Child After the Solemnity was over the Deputy expostulated with Shane about his Rebellion O Neal alledged the Bastardy of Matthew and that Con's Surrender was void because he had but an Estate for Life in his Principality nor could have more by the Law of Tanistry nor could surrender but by consent of the Lords of his Country and that even by the English Laws the Letters Patens were void because there was no Inquisition taken before they were pass'd nor could there be any Inquisition till Tyrone were made Shire-ground That he was elected O Neal by the Country according to custom and that he is the legitimate Son and Heir of his Father and that his Title to all he claims is by Prescription The Deputy replied That the Matter was of great moment and that he doubted not but that the Queen would do what was right and just and therefore advised him to a quiet and loyal Deportment till her Majesties Pleasure were known and so they parted in a friendly manner and by this means Shane O Neal continued pretty quiet during this Deputy's Government but on the twenty seventh of August Thomas Earl of Sussex 1559.
Knight of the Garter came over Lord Lieutenant Lib. C. says Burlace Lord Deputy says the Statute-Book He arrived at Bullock and was sworn in Christ-Church on the thirtieth day of August His Instructions bear Date the tenth of May and are to this effect First That the Army or rather Garrison shall be three hundred twenty six Horse eight hundred sixty four Foot and three hundred Kern Secondly That Port-Corn shall be reserved towards victualling the Army Thirdly That he endeavour to People Vlster with English and to recover Lâ—cale Newry and Carlingford from the Scots and to recompence Sir Nicholas Bagnal for his Interest in Vlster Fourthly Lib. H. That Mac Cartymore be ordered to hold his Estate after the English manner as the Earls of Thomond and Clanrickard do And he had also other Instructions to him and the Council to set up the Worship of God as it is in England and to make such Statutes next Parliament as were lately made in England mutatis mutandis and to dispose of Leix and Offaly to the best Advantage of the Queen and the Country This Lord Deputy held a Parliament at Dublin on the twelfth day of January which enacted the following Laws and then was dissolved on the twelfth of February First That the ancient Jurisdiction over the State Ecclesiastical and Spiritual be restored to the Crown And Foreign Authority abolished and that the Acts of Appeals and Faculties be revived and also as much of the Act of Marriage as concerns Consanguinity And the Act of Repeal made the 3 and 4 Philip and Mary repealed And an Act of 3 and 4 Philip and Mary to revive three Statutes concerning Heresie and the three Statutes therein named be repealed except so much thereof as concerns Premunire And that the Queen and her Successors may appoint Commissioners to exercise Ecclesiastical Jurisdiction And that all Officers and Ministers Ecclesiastical or Lay all Ecclesiastical Persons and every one that has the Queen's Wages shall take the Oath of Supremacy on pain of losing his Office And shall be uncapable to take any Office Ecclesiastical or Temporal if he obstinately refuses the Oath tendered to him He that sues Livery or takes Orders must take the Oath And a Penitent upon taking the Oath shall be restored to his Office of Inheritance He that shall extol maintain or advance Foreign Jurisdiction shall for the first Offence lose his Goods and if they be not worth twenty Pound then a Years Imprisonment without Bail besides and if it be an Ecclesiastical Person shall likewise lose all his Benefices and the second Offence to be Premunire and the third High-Treason provided the Prosecution for Words be within half a Year after the speaking Nothing shall be adjudged Heresie but what has been so by the Scripture first four General Councils or some other General Council by express Words of Scripture or shall be by Act of Parliament That there must be two Witnesses And that no Man be esteemed as Accessary till two Witnesses prove he knew the guilt of the Principal before he relieved him c. Secondly An Act for Uniformity of Common-Prayer Thirdly An Act for Restitution of the First-Fruits and twentieth part of Spiritual Benefices to the Crown Fourthly An Act for consecrating Archbishops and Bishops Bramhal 438. And it is observed by Archbishop Bramhal That no Papists ever did or could make the least Objection against the Ordination of the Protestant Bishops in Ireland For besides that Archbishop Brown the first Protestant Bishop in Ireland was ordained by the Bishops of Canterbury Rochester and Salisbury and many of the Irish Bishops were ordained by Brown The very Popish Bishops did assist at the Consecration of most of the Protestant Bishops and complied with the Government and kept their Sees until they had sacrilegiously betrayed the Church and alienated most of its Possessions one Bishoprick being left so poor that it had but forty Shillings per annum Ware de Praesulibus 27. and another but five Mark Thus Loftus Archbishop of Armagh was consecrated by the Popish Archbishop Curwin Ibid. 128. 59. Thomas Lancaster the first Protestant Bishop of Kildare Ibid. 148. was consecrated by Archbishop Brown and John Merriman Ibid. 188. the first Protestant Bishop of Down and Connor was consecrated by Lancaster when Primate Bale Bishop of Ossory was consecrated by the Popish Bishops of Armagh Kildare and Down Casy Bishop of Limerick was consecrated by Archbishop Browne assisted by the Popish Bishops of Kildare Ferns and Leighlin c. Fifthly An Act of Recognition of the Queen's title Sixthly That it be Premunire to say the Queen has no Right to the Crown and Treason to write it Seventhly That the Priory of S. John of Jerusalem be united to the Crown The Parliament being dissolved the Deputy went immediately to England to give an Account thereof and by the Queen's Orders substituted Sir William Fitz Williams 1559. Lord Deputy he was sworn in Christ Church on the fifteenth of February and his Patent bears date at Westminster the eighteenth day of January 2 Eliz. In his time Shane O Neal broke out again into Rebellion Cambd. 121. and overthrew O Reyly in the Field and took Calagh O Donel Lord or Chief of Tyrconnel Prisoner together with his Wife and Children and afterwards lived with her in Adultery and kept her by Force and he seized upon O Donel's Castles Lands and Goods and in all things behaved himself as King of Vlster 1560. And about the same time Money which in King Henry the Eighth his Days was much debased was raised near to the intrinsick value and Sterling Money was stamped but it was made currant at a fourth part more than it passed for in England so that an English nine Pence was twelve Pence Irish and so it continued until the Year 1601. when her Majesty's vast Expence in Ireland forced her by the Advice of the Lord Buckhurst to mingle Brass with the Silver which was therefore called mixt Monies but the Government then was so steady that the Soldiers suffered it without Mutiny although it was of infinite Prejudice to them But to proceed Thomas Earl of Sussex came over again Lord Lieutenant 1560. I suppose in April for on the seventh of May the Queen sent him Orders to perswade the Earl of Kildare to go to England and that the Queen would lend him Money in England on his Bond and if the Earl refused then the Lord Lieunant was to shew him the Queen 's positive Commands to that effect and if he still declined the Voyage then the Lord Lieutenant was to apprehend him This Lord Lieutenant brought with him new Instructions Lib. C. 1. To build Castles in Leix and Offaly and to people those Countries by granting Estates to the Planters and their Heirs Males 2. To settle Vlster and to admit Surleboy Tenant to the Lands he claims in Fee binding him to contribute to the Publick Service
that is What credit the Irish Roman Catholick Historians deserve in these matters and certainly it is so very little that I hope the greatest fault that will be found with this Collection will be that I have honoured Mr. Sullevan and others of them with too large a Confutation for besides the direct Testimony of Peter Walsh that these Popish Authors do a P. W. Remonstrance 583. mingle Truth and Lyes indifferently whoever will take the Pains to read their Books will find that they understand one anothers failings so well that when they fall out they do little else but give one another the b Fryar Paul King published innumera mendacia Beling in pref mendacia horrenda ibidem indigesta mendaciorum moles Beling 1. Belingus mentitur quidem splendide says Father Ponce vindiciae Eversae 175. vel mentitus es vel mendacium protulisti ibid. 12. Similiter ibid. pag. 4. 17. 28 c. Lye in a word I have not found one of them tolerable or of any credit except Peter Walsh and Mr. Beling And do think that all the rest of them that I have seen do deserve that Character which Mr. Beling has given to Fryar Paul King Tanquam capis in cudendis Mendacâ—â—s voluptatem ut ab eis etiam ubi rem tuam nihil promovent abstinere teâ—nequeas Beling 69. viz. That they take so much delight in Lying that they cannot abstain from it even where it does them no Serviâ—e This being Premised the first Question will be whether the Irish or English began the Rebellion for beside that the Irish have published b Burlace Epist 120. abroad both by word and writing That the English were the Aggressors R. S. in his Collection of Murders pag. 1. affirms that the Murder of Three thousand Irish in the Isle of Magee was the first Massacre in Ireland on either side But certainly it is more difficult to believe that any one could be so shameless to make this Objection then it is to give it a full and undeniable Answer for the Slaughter at Magee did not happen until the latter end of November and in revenge of the many Murders committed by the Irish on the Scots whom they spared for the first Ten days whilst in the mean time they murdered the English and it is notorious to all the World that the Irish Rebellion broke out the 23d day of October and that there were many Murders committed even that very day and every day after for a long time all which is testified by a Cloud of Witnesses and that the Rebellion was contrived c Review 10. Vindicae eversae 2. plotted and begun by the Irish will appear from the Testimony of the Lord Macguire Macmahon Tirlogh Oge O Neal and Sir John Read in their respective Examinations and by the Confession of the Earl of Castlehaven Peter Walsh the Bishop of Fernes and Father Ponce which two last do endeavour to justifie it as a Holy and Just War And that leads me to the Second Question Sanctum justissimumque decenii bâ—llum vindiciae eversae 1. viz. Whether it were a Rebellion or not for there are some that call it a Holy and Just War others dwindle it to a Commotion and P. W. is reprimanded for calling it a Rebellion As if says the Bishop of Fernes Belli nostri honestas justitia summa est ibid. 35. Our taking up Arms for the necessary Defence of Lives and Religion against the Protestants our Fellow Subjects could be a Rebellion and in their National Synod or Convocation at Dublin Bleeding Iphigenia Anno 1666. the Popish Clergy tho' prest to it refused to beg his Majesties Pardon for that War P. W. Remonstrance 666. for they knew not of any Crime they had committed therein To which I Answer P. W. Letters pag. 33. I must Confess says he I had not that Brazen brow of Impudence to deny either the notoriousness of the Fact or the clearness of the Law in their Case That the Irish Procurator P. W. has not only confessed this horrid Rebellion and proved it to be so but has assured us that all their publick Agents and Commissioners Sir Robert Talbot Colonel Moor the Earl of Clancarty the Lord Birmingham Sir Nicholas Plunket c. and many Thousands of the Irish Nobility Gentry and Lay Proprietors both at Dublin and London in their Petitions Answers Certificates Claims and other Papers acknowledge this fatal Stain under the very Term and Name of Rebellion I should not mention the Act of Adventurers 17 Car. 1. in England which adjudged this War not only to be a Rebellion but also so general a One that they thought several Millions of Acres of Land would be as they were forfeited thereby nor the Act of Settlement in Ireland which stiles it An unnatural Insurrection and Rebellion but that the former shews the Judgment of the King and Parliament of England in the Point and this latter Act was exposed to the censure of the Irish Papists and every word was expung'd which they could contradict But if the Murder of the Kings Subjects in a Hostile manner the declaring against his Religion the Ejection of his Clergy the seizing of his Forts and Castles the besieging of his Towns the fighting of Battles with his Armies the Usurpation of all his Prerogatives the seizing of his Revenues and the Presumption to Act as a Separate State be not a Rebellion it is very difficult to define what is But they Reply The Third Question That if it be a Rebellion and not simply justifiable yet it ought to be excused because the Motives to it and the Causes of it were so pressing as that they were not to be resisted by sensible Men for they were afraid the Monarchy was to be supprest and consequently they Being the a Catholicos ceteris omnibus fideliores Stirpitus devellendos vindiciae Catholicorum 4. Loyalest Subjects to be extirpated by the Puritans and they say they intercepted Letters importing that they must abjure their Religion or be sent to Ameria and they suffered a Thousand Grievances upon Account of b In odium tam Nationis quam Religionis ibidem Nation and Religion and therefore the Congregation of the Clergy in May 1643. declared their Insurrection just To this I Answer That they thought and will ever think the English Government a Yoke of Slavery and they had no other cause to Rebel but to shake that off and so Mr. Bealing one of the greatest and wisest of them ingeniously Confesses Vindiciae Catholicorum 2. Grave jugum sub quo à centum quod excurrit annis tota Natio ingemiscit excutere Statuunt They that speak plain Truth in their Books Printed beyond Sea acknowledge that it was for the Liberty of their Religion Bellum fuit pro Religione susceptum says the Bishop of Fernes in his Epistle to the Archbishop of Paris p. 37. Pro defensione Restitutione Religionis
the Eighteenth of May there was an Order of Reference to him in the Controversie between the City of Dublin and the Merchants-Strangers from whom that City demanded Three pence per Pound Custom And on the Eighteenth of July he got an Order to the Lord Willâ—ot 〈…〉 General of the Army in Ireland to surrender that Office to him He had also the King's Letter of the Sixteenth of October to the Lords Justices That the Port-â—orn and Tithes belonging to the Chief Governor should be given to his Servants And he also obtain'd his Majesty's Commission of the Seventeenth of October to levy what Forces he should think fit or find necessary and an Order of the same Date to be paid the Charge of such Journeys and Progresses as he should think fit to make And Matters being thus fitted to his mind THOMAS Viscount WENTWORTH was on the Twenty fifth day of July sworn Lord Deputy 1633. to whom the Bishop of Kilmore and two other Bishops and the Inhabitants of the County of Cavan sent a Petition Bishop Bedel's Life containing some Complaints against the Army and some Proposals for the Regulation of it which was very ill resented at that time and interpreted to be a Mutinous and Insolent Attempt and brought the Bishop of Kilmore who was supposed the Author and Promoter of it under his Excellency's Displeasure until that Prelate afterwards explain'd himself averring That he did not intend by lessening or discountenancing the Army to expose with the Publick Peace his own Neck to the Skeins of the Romish Cut-throats But the Contribution or Tax of 20000 l. per Annum to which the Country had consented for two Years was now almost expired so that it was necessary to call a Parliament wich met the Fourteenth day of July 1634. 1634. at Dublin and granted Six entire Subsidies but not without the opposition of some Papists one of which moved That the Matter concerning the Subsidies might be put off to another time and then be again considered of This Parliament also passed an Act for the Confirmation of Patents afterwards to be past on the * Dated 29 June 1634. Commission of Defective Titles and then was Prorogued to the Fourth day of November following At the same time there was also a Convocation of the Clergy and preparatory to it the Precedency of the Archbishop of Armagh before the Archbishop of Dublin was determin'd and setled by his Majesty's definitive Sentence And this Convocation to manifest their Agreement with the Church of England did receive the Thirty Nine â—â—â—â—cles of that Church into the Confession of Faith of the Church 〈◊〉 Ireland nevertheless without aâ—rogating any of the Canons of the Convocation held Anno 1615. And a New Book of Canons for the most part agreeing with that of England was then compiled for the better Government of the Church of Ireland By vertue of these Six Subsidies which amounted to above 240000 l. and were payable Half-yearly the Lord Deputy was enabled to pay a Debt of 80000 l. due from the Crown and to support the Charge of the Kingdom without any Supply of Money from England This Lord Deputy had formerly obtain'd his Majesty's Order of the Sixteenth of January 1633. for the free transportation of so many Horses and Mares out of England as he the Lord Deputy should give Licence for by which means he changed Five hundred Foot of the Army for Six hundred Horse which were extraordinary good ones his own Stables exceeding that of any former Governors And indeed generally the whole Army was neither so well paid nor so well disciplin'd in any other time as it was in his On the Twenty fourth of September 1634. the King reciting That King James had by his Commission of the Tenth of August 1603. renewed or revived the Court of Castle-chamber as himself likewise had done by his Commission of 5 October 1625. and that now some Disputes are arisen whether that Court can sit out of Term or more than twice a Week His Majesty Orders That it it may sit when and as often as the Commissioners please and that a new Commission issue to that Purpose And about this time Emerus Mac Mahon afterwards Titular Bishop of Clogher discovered to Sir George Ratcliff a Plot for a general Insurrection in Ireland and Confess'd that himself had been imploy'd for some years in foreign Courts to solicite Aid to carry on a Rebellion which it seems they thought fit to adjourn to a more proper Season But on the 14th of November the Parliament met according to the Prorogation and sate till the 14th of December and were then Prorogu'd to the 26th of January from which time they sate till the 21st day of March and then it was again Prorogu'd to the 24th day of the same Month and sate from thence to its Dissolution which was on the 18th day of April 1635. I need not mention the Acts made in these several Sessions of Parliament because they are many and are to be found at large in the Printed Book of Statutes it is enough to say That they cull'd out all the choice Statutes that were made in England since the 20th of Henry the 8th that were proper for the Kingdom of Ireland and added to them some good new Laws that were peculiar to that Countrey The Parliament being thus ended and closed with an Act of Indemnity the Lord Deputy and Council made a Progress into Conaught to inquire into his Majesties Title to several Lands in that Province and on the 11th of July at Abby-boyle to still the Jealousies and Alarms the People were under at this great Inquisition they published an Act of Council 1635. That it was not his Majesties intention to take any thing from his People that was justly theirs and therefore that those who had effectual Letters Patents should have the full benefit of them as if they were found Verbatim in the great Office then to be taken provided the Patents or the Enrolment thereof were shewn to the Council-board before Easter Term next and by it approved to be good and effectual in Law and the like was done in other Counties of Conaught and so this great Inquisition which was one of the Spring-heads and Fountains of the succeeding Rebellion was with great Diligence and Success carried on and effected and the Kings Title was found to most part of that Province and a noble English Plantation was design'd Whereupon the Patentees and particularly the Lord Dillon of Costilo produced their Patents to the Council-board and it appearing those Patents were Granted by Virtue of a Commission 4 Jac. 1. wherein there was no direction about the Tenure it grew to be a Question whether the Patents to hold by Knights Service as of the Castle of Dublin were warranted by that Commission or valid in Law and after much debate it was solemnly adjudg'd That those Patents were void And this Case is well known to the Lawyers by the
and gave more Colour and Umbrage for the Suspicions that were then entertained of Him than any other Action of that Time could do And indeed this single Act of theirs did His Majesty more mischief than all the pretended Loyalty of that Party since that time can atone for However to obviate the dismal Effects of that impudent Forgery as much as they could the Lords Justices did Burlace Append 3. by their Proclamation of the Thirtieth of October 1642. publish that Sham to be false and scandalous And it is very observable That this Contrivance of theirs from whence they hoped to derive so much Advantage was the Occasion of their Ruin for the King to vindicate himself from this gross Aspersion was necessitated to devolve the Management of the War upon the Parliament and to consent to the Act of Adventurers which dispos'd of most part of the Rebels Estates and indeed to humour them in every thing relating to Ireland and particularly in giving up Carrigfergus to the Scots And on the same Fourth of November Temple 50. the Parliament of England voted 1. That Twenty thousand Pounds be forthwith supplied for the present Occasions of Ireland 2. That a convenient Number of Ships shall be provided for the Guarding of the Sea-coasts of that Kingdom 3. That this House holds fit that Six thousand Foot and Two thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland 4. That the Lord Lieutenant shall present to both Houses of Parliament such Officers as he shall think fit to send into Ireland to Command any Forces to be transported thither 5. That Magazins of Victuals shall be forthwith provided at Westchester to be sent over to Dublin as the Occasions of that Kingdom shall require 6. That the Magazins of Arms Ammunition and Powder now in Carlisle shall be forthwith sent over to Knockfergus in Ireland 7. That it be referred to the King's Council to consider of some fit Way and to present it to the House for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a Time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such Principal Rebels as shall be nominated 8. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland 9. That the Committee of Irish Affairs shall consider how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in the Business of Ireland 10. That Directions shall be given for the drawing of a Bill for the Pressing of Men for this particular Service for Ireland In the mean time the Lords Justices and Council did all that was possible for the Preservation of the Kingdom They on the Fifth of November dispatched a second Express to the King and another to the Lords of the Council and then and not before wrote to both Houses of Parliament and sent a Duplicate of it to the King and they formed a thousand of the stripped English into a Regiment under Sir Charles Coot and soon after they raised two Regiments more under the Lord Lambert and Colonel Crawford They also took care to Victual the Castle of Dublin and to clear an old Well that was in it and to do all things necessary to fit it for a Siege And to prevent any Surprize that might happen by the great Concourse of People to the Castle they removed the Council to Cork-house and often sat there in Council which was a great Oversight and might have been Fatal to them if the Lords of the Pale who soon after went out into open Rebellion had had the Courage to seise upon them there as they easily might have done On Saturday the Sixth of November Philip O Rely Knight of the Shire and the Irish of the County of Cavan sent an insolent Remonstrance to the Lord Justices by Doctor Jones whose Wife and Children they had at their Mercy and impowered him to assure their Lordships That there should be a Cessation of all things till the return of his Answer But tho' the Lords Justices gave a Civil Answer to it and sent the Remonstrance to the Lord Lieutenant to whom the King had ordered them to apply themselves about the Affairs of Ireland yet the very next Munday being the Eigth of November and before any Answer could come these Remonstrants Rendezvoufedâ— at Virginia a Town in the County of Cavan and proved the fiercest Rebels of all and by the Eleventh of December had taken the whole County of Cavan except the Castles of Keighlah and Croghan which were also surrendred to them the Fourth of July 1642. and Thirteen hundred and forty English Persons were thence according to Articles conveyed to Tredagh On the Eleventh of November the Lords Justices published another Proclamation prohibiting all unnecessary Persons from repairing to Dublin which the Irish took very ill and made a great noise about it tho' no Person of Quality or Business was in the least restrained by that Proclamation But their Design was to pick Quarrels and to manage all Accidents to that purpose On the Twelfth of November the County of Wickloe appeared in its proper Colours they murdered or robbed all the English Inhabitants within that County and burnt the principal Houses and laid Siege to Fort-Carew which the Lords Justices had not Means to relieve The Counties of Letrim Longford West-Meath and Louth were already infected and Wexford and Caterlogh followed the bloody Examples of their Neighbours and even the County of Kildare it self began to put on a terrible Countenance and the Irish of the Pale having gotten Arms from their English Neighbors under pretence of opposing the Rebels were the better able to do Execution on those stupid Protestants that so foolishly parted with them to their National and Hereditary Enemies The Lords Justices had by Proclamation Prorogued the Parliament to the Twenty fourth of February but at the Importunity of some Irish Lawyers who pretended great Affection to the King and earnest Desires to quench the Rebellion the Parliament which was a very thin one was permitted to meet on the Sixteenth of November and then it was visible that more were tainted with the Infection than appeared openly in Rebellion for the Popish Members did with great Cunning and Artifice endeavour to varnish or excuse all the Actions and Cruelties of the Rebels and those who seemed most to discountenance the Insurrection did nevertheless cover it over with such a Veil treat of it so nicely and handle it with so much tenderness as if themselves most of them being of the Conspiracy were immediately to participate of the Punishment as well as they were clandestinely involved in the Plot They would by do means have
consent upon whatsoever Pretence to a Toleration of the Popish Profession there or the Abolition of the Laws now in force against Popish Recusants in that Kingdom His Majesty hath further thought fit to advertise His Parliament That towards this Work He intends to raise forthwith by His Commissions in the Counties near Westchester a Guardâ— for His own Person when he shall come into Ireland consisting of Two thousand Foot and Two hundred Horse which shall be Armed at Westchester from His Magazin at Hull at which time all the Officers and Soldiers shall take the Oaths of Supremacy and Allegiance The Charge of Raising and Paying whereof His Majesty desires His Parliament to add to their former Undertakings for that War which His Majesty will not only well accept but if their Pay be found too great a Burthen to His Subjects His Majesty will be willing by the Advice of His Parliament to sell or 〈◊〉 any of His Parks Lands or Houses towards the Supplies of the 〈◊〉 of Ireland with the Addition of these Levies to the former of English and Scots agreed upon in Parliament he hopes so to appear in this Action that by the Assistance of Almighty God in a short time that Kingdom may be wholly reduced and restored to Peace and some measure of Happiness whereby he may chearfully return to be Welcomed home with the Affections and Blessings of all His good English People Towards this good Work as His Majesty hath lately made Dispatches unto Scotland to quicken the Levies there for Ulster so he heartily wishes That His Parliament here would give all possible Expedition to thâ—se which they have resolved for Munster and Conaught and hopes the Encouragement which the Adventures of whose Interest His Majesty will be always very careful will hereby receive as likewise by the lately signing of a Commission for the Affairs of Ireland to such Persons as were recommended to Him by Both Houses of Parliament will raise full Sums of Money for the doing thereof His Majesty hath been likewise pleased out of His earnest desire to remove all Occasions which do unhappily multiply Misunderstandings between Him and His Parliament to prepare a Bill to be offered to them by His Attorney concerning the Militia whereby He hopes the Peace and Safety of this Kingdom may be fully secured to the general satisfaction of all Men without violation of His Majesty's just Rights or prejudice to the Liberty of the Subject If this shall be thankfully received He is glad of it if refused He calls God and all the World to judge on whose part the Default is One thing His Majesty requires if this Bill be approved of That if any Corporation shall make their Lawful Rights appear they may be reserved to them Before His Majesty shall part from England He will take all due Care to entrust such Persons with such Authority in His absence as He shall find to be requisite for the Peace and Safety of this Kingdom and the happy Progress of this Parliament To which the Parliament returned the following Answer May it please Your Majesty YOur Majesty's most Loyal and Faithful Subjects Husbands 141. the Lords and Commons in Parliament have duly considered the Message received from Your Majesty concerning Your Purpose of going into Ireland in Your own Person to prosecute the War there with the Bodies of Your English Subjects lâ—vied transported and maintained at their Charge which You are pleased to propound to us not as a Matter wherein Your Majesty desires the Advice of Your Parliament but as already firmly resolved on and forthwith to be put in Execution by granting out Commissions for the Levying of Two thousand Foot and Two hundred Horse for a Guard for Your Person when You shall come into that Kingdom Wherein we cannot chuse but with all Reverence and Humility to Your Majesty observe That You have declined Your Great Council the Parliament and varied from the usual Course of Your Royal Predecessors That a Business of so great Importance concerning the Peace and Safety of all Your Subjects and wherein they have a special Interest by Your Majesty's Promise and by those great Sums which they have disbursed and for which they stand ingaged should be concluded and undertaken without their Advice Whereupon we hold it our Duty to declare That if at this time Your Majesty shall go into Ireland You will very much endanger the Safety of Your Royal Person and Kingdoms and of all other States professing the Protestant Religion in Christendom and make way to the Execution of that cruel and bloody Design of the Papists every where to root out and destroy the Reformed Religion as the Irish Papists have in a great part already effected in that Kingdom and in all likelihood would quickly be attempted in other Places if the Consideration of the Strength and Union of the Two Nations of England and Scotland did not much hinder and discourage the Execution of any such Design And that we may manifest to Your Majesty the Danger and Misery which such a Journy and Enterprize would produce we present to Your Majesty the Reasons of this our humble Opinion and Advice 1. Your Royal Person will be subject not only to the Casualty of War but to Secret Practices and Conspiracies especially Your Majesty continuing Your Profession to maintain the Protestant Religion in that Kingdom which the Papists are generally bound by their Vow to extirpate 2. It will exceedingly encourage the Rebels who do generally profess and declare That Your Majesty doth favour and allow their Proceedings and that this Insurrection was undertaken by the Warrant of Your Commission and it will make good their Expectation of great Advantage by Your Majesty's Presence at this time of so much Distraction in this Kingdom whereby they may hope we shall be disabled to supply the War there especially there appearing less Necessity of Your Majesty's Journy at this time by reason of the manifold Successes which God hath given against them 3. It will much hinder and impair the Means whereby this War is to be supported and increase the Charge of it and in both these respects make it more insupportable to Your Subjects And this we can confidently affirm because many of the Adventurers who have already subscribed do upon the knowledge of Your Majesties Intention declare their Resolution not to pay in their Money and others very willing to have subscribed do now profess the contrary 4. Your Majesties Absence must necessarily very much interrupt the Proceedings of Parliament and deprive Your Subjects of the Benefit of those further Acts of Grace and Justice which we shall humbly expect from Your Majesty for the Establishing of a perfect Union and mutual Confidence between Your Majesty and Your People and procuring and confirming the Prosperity and Happiness of both 5. It will exceedingly increase the Jealousies and Fears of Your People and render their Doubts more probable of some force intended by some evil
the President Routed them he found many of his Provincials amongst them yet he let them go as supposing they came to look after their Cattle But by the end of that Month the whole Province was in open Rebellion and yet it was not until February that the Lords Justices sent their positive Order to prosecute those wilful Rebels with Fire and Sword and in the latter end of February the President published his Majesties Proclamation under his own Hand and Signet but without effect for the Rebels said that it was Counterfeit and rejected it But Arguments are vain when the thing itself manifests the truth and if ever in any case certainly 't is in this that Res ipsa loquitur and that the President was not the Aggressor for he had neither Men Mony Ammunition or Arms or any other Provision of War fit to contest with so numerous an Enemy that were fledged with the Spoils and Riches of English and it is undeniable that the Irish began to plunder even in great Numbers and Armed in a War like manner and at Noon day but perhaps the Remonstrants think that is not a Commencement of War But in Conaught the case was far different from Munster though the Remonstrants not caring whether right or wrong have mingled both Provinces in the same accusation for the President of Conaught was then at Dublin and in the beginning of November when he went to Athlone he found many of his Provincials whereof some Gentry in open Rebellion who had committed many Murders and more Robberies he presently endeavoured a Treaty with the Gentry that had not yet declared presuming on his Alliance to some of them and his former private Friendship with them but all in vain so that his Case was miserable being surrounded with Multitudes of Rebels who took the Town and kept him Besieged in the Castle of Athlone all that Winter His whole force in the Province was but a Troop and a half of Horse most Irish and Six half Companies of Foot whereof One was Surprized and another sent to Dublin so that he was in no condition to rescue the Distresled English and much less to make any offensive War on the Irish or by any cruelty to force them into Rebellion as they have most untruly suggested The Lords Justices did also send Commissions of Government to the Lords of Clanrickard Mayo and Costilo and Commissions of Martial Law to some of the best of the Natives and the Lord Clanrickard did assure the Irish of his Majesties condescention to the Graces and yet all this could not prevent nor suppress their Rebellion To the Eleventh Whether the Parliament of Ireland have equal Power and Priviledges with the Parliament of England and whether an English Statute can bind Ireland is fitter to be disputed by Arguments than Arms but it is false that the Act of Adventurers in England was grounded or occasioned by any misinformations from Ireland Nor doth it extend to other Estates than those of the most Detestable and Sanguinolent Traitors that ever were heard of and therefore the Loyal Remonstrants should not be concerned but admitting the Act unjust yet it was subsequent to the Rebellion and so could not be a cause of it Nor can we believe it was forced upon his Majesty it being for his own advantage and for the benefit of his Beloved and ever Loving People and if his Majesty should lose by it at present yet he loses to Loyal and obedient Subjects who will in time reprize him as well by saving charge and preventing Danger and Rebellion as by straining themselves at any time for his Majesties Honour and Profit And since there is no Authority nor Command Civil or Military in Ireland but what is derived from his Majesties Authority and acts in obedience to it 't is strange that the Remonstrants should close this Article with a loud and known untruth to the contrary To the Twelfth That the Proclamations enjoyning Strangers to leave the City were issued not only upon sound Reasons and good cause since approved of by his Majesty but also were published at the request of the Popish Inhabitants of Dublin however no Person of Quality or Credit was affronted thereby but were civilly permitted to stay And the Third Proclamation viz. that of the 11 th of November was designed to send the Gentry home to keep the Country quiet unless they had cause of stay in the City however not so much as one Gentleman was either threatned or punished for disobedience thereunto But many and even some Citizens that had liberty to stay in Dublin went voluntarily and did joyn with the Rebels and now they cover their Treason with a pretence that they were forced to go And it is not true that any of the Rebels offered to submit until after the relief of Tredagh when his Majesties Army was Master of the Field nor that any of the Cizens were pillaged or their Goods seized until after the Remonstrants were in open Rebellion Nor then with the consent of the Government who did what it could to prevent and punish Pillaging as by their several Proclamations may appear And as the Lords Justices did nothing without the Council so neither did they countenance any disorder nevertheless they are not accountable for all the Irregular acts of an ill paid Army especially against Rebels that had given such barbarous provocations That the Lords Justices did give Commission to two Papists that desired it to treat with the Rebels but that indulgence as the rest was abused to base ends and produced nothing of the effect propos'd and that no Houses were willingly burnt unless they belonged to Persons in open Rebellion and for Protections the Government granted very few having found by Experience that Protections always turn'd to his Majesties disadvantage because the Protected underhand relieve the Rebels and when they find a fit opportunity do themselves relapse However those few Protections that were granted were punctually observed and the publick Faith never violated by the Lords Justices connivance or consent and when it was discovered that the Protected did Murther stragling Soldiers and carry Powder c. to the Rebels their Passes were revoked and superseded by publick Proclamation and timely notice given them and no man suffered quatenus a Catholick or Irish-man unless he were also a Rebel as they generally were Nor ought the Remonstrants to complain even of the unjustifiable insolence of the Soldiers since all inconveniences consequential to the Rebellion and occasioned by it are justly chargeable on those that begun it And as to such Slaughters as have happened amongst the Confederates in the course of a just War and in defence and necessary Preservation of an innocent People they are no Murthers but the just Chastisements of a Religious Prince on unnatural Rebels and do not amount to the Tenth part of the number they Murdered in cold Blood and without Provocation To the Thirteenth It is strange that those who are so
angry at the Sitting of the Parliament and the Courts of Justice and have overturn'd all Laws and plucked them up by the Roots should yet keep such a stir about Fundamental Laws or that they should think themselves genuine Members of Parliament which is a Court of Peace and Order who have rent asunder all Bonds of Peace Order and Humane Society can they imagine that because they will Rebel we must have no Courts of Justice will nothing satisfy them but an universal concurrence in Confusion and is it because they are guilty of so many crimes themselves that they take liberty to speak evil of all others If this be the Liberty they Fight for certainly they espouse a very bad cause however it is better than Liberty of extirpating the Protestants which is what they really aimed at But they have no reason to complain of the Protestant Members of Parliaments either of his Majesties or his Fathers time they have Repealed many Acts that were prejudicial to the Natives but never made any that were so Are not the Persons they complain to have been Indicted in the King's Bench guilty of the Crimes they are accused of Have not those Soldiers that were Jurors Free-hold in the proper Counties and are they not capable to be Jurors according to Law These Remonstrants cannot deny these things and that their Rebellion forced these Gentlemen to be Soldiers and yet they complain as if it were unjust and a grievance But the allegation that any body under Protection or the Publick Faith was tryed for his Life is not true nor can they instance one and their Protestation against the Proceedings of Parliament is frivilous and vain And their desire to have a New which they call a Free Parliament whereunto they may be chose hath infinite inconveniences in it for then these Criminals will be acquitted and manage the most weighty affairs and either exclude or outvote the Loyal Protestant Subjects which have stuck by the Crown in this time of danger But the truth is that the Rebels have Murdered and Banished so many of the Protestant Free-holders and Inhabitants of Corporations that there can be very few if any Protestants in a new Parliament at this time whereby it would happen that what Protestants are left undevoured by the Sword ☜ should be destroyed by colour of Justice pursuant to their Oath of Confederacy And as to the place Dublin wants no other convenience but that of giving opportunity to Awe or Surprize the Chief Governour and the Members of Parliament and as to the Person that Nation doth not yield a Person of more honour and fortune than the present Lord Lieutenant the Marquess of Ormond And as to Poynings Act the Repeal or Suspension of it is desired to deprive the King of the Advice of his Privy Councils of England and Ireland and if it were done perhaps they would without his Majesties Knowledge transfer the Spiritual half of his Sovereignty to the Pope and attaint his Protestant Subjects and establish their Supream Council and alter the very form of Government but to be sure they would acquit themselves and deprive his Majesty of all the Forfeitures belonging to him by their attainders and therefore it is unfit at this time by suspending that Act to make such criminous Parties their own Judges Lastly These Remonstrants who so loudly clamour against others have nevertheless violated their own Publick Faith ☜ in breach of their Articles of the Cessation by taking and detaining several Places and Estates they were to restore by that agreement and by not paying any part of 30800 l. payable by those Articles at the time stipulated and in not paying above half of it yet to the Ruine of the Army that wanted it and depended upon it Appendix VII The Substance of the Lord Macguires Examination HE Saith Burlace Appendix 2 this Examination at large That the Inhabitants of Lainster were first engaged in the Rebellion and that Mr. Roger Moor first moved it to him that the design was to maintain their Religion and recover their Estates that the Lord of Mayo was in the First Conspiracy that they sent to consult the Irish in Spain and Flanders and received assurance of their assistance that the Earl of Tyrone sent them a Message that Cardinal Richlieu had promised him Aid and they sent him word that they would rise Twelve or Fourteen days before Alhollontide that the Gentry of the Pale were very loath that any of the Irish Army should be sent to Spain and opposed what they could in both Houses and had several consultations about that and to prepare for an Insurrection and that Colonel Plunket and the rest that were to carry Four Thousand Men to Spain proposed to Seize the Castle of Dublin with those Men and consulted with the Lord Macguire about it That the Lord Gormanstown was acquainted with the Plot and consented to it that the 5 th of October was the First day appointed and because all were not then ready it was changed to the 23 d. That Owen Roe had his Agent Captain Brian O Neal to promote the Conspiracy that they were all to rise on the same day that Mr. Moor and the Lord Macguire and the Colonels Plunket and Birne were with Two Hundred Men to Seize the Castle of Dublin and Sir Philem O Neale was to Surprize Londonderry and Sir Henry O Neale was to do the like to Carigfergus and Sir Con mac genis was to Seize the Newry and all were to carry it fair to the Scots till the business should be secure That Captain Con O Neal came to Dublin with fresh assurance of assistance from Owen Roe and Cardinal Richlieu and that but Eighty of the Two Hundred were come to Dublin the 22 th and therefore they intended to defer their Attempt until the Afternoon of the next day Appendix VIII The Lord of Gormanstown's Commission By the Lords Justices and Council William Parsons John Borlase Right trusty and well-beloved We greet you well WHereas divers most disloyal and malignant Persons within this Kingdom have tratierously conspired against His Majesty his Peace Crown and Dignity and many of them in execution of their Conspiracy are traiterously assembled together In a Warlike manner and have most inhumanly made Destruction and Devastation of the Persons and Estates of divers of His Majesties good and loyal Subjects of this Kingdom and taken slain and imprisoned great Numbers of them We out of our Care and Zeal for the common good being desirous by all means to suppress the said Treasons and Traitors and to conserve the Persons and Fortunes of His Majesties loving Subjects here in Safety and to prevent the further Spoil and Devastation of His Majesties good People here do therefore hereby require and authorize you to Levy Raise and Assemble all every and any the Forces as well Footmen as Horsemen within the County of Meath giving you hereby the Command in chief of all the
side was urged a contrary proceeding to the utter cutting off all the English Protestants where to the Instances of the dismissed Moors it was answered that that was sole act of the King and Queen of Spain contrary to the Advice of their Council which howsoever it might gain that Prince a name of Mercy yet therein the event shewed him to be most unmerciful not only to his own but to all Christendom besides That this was evident in the great and excessive charge that Spain hath been since that time put unto by these Moors and their Posterity to this day All Christendom also hath and doth still groan under the miseries it doth suffer by the Piracies of Argiers Sally and the like Dens of Thieves That all this might have been prevented in one hour by a general Massacre applying that it was no less dangerous to expel the English That these Robbed and Banished men might again return with Swords in their hands who by their hard usage in spoiling might be exasperated and by the hope of recovering their former Estates would be incensed far more than strangers that were sent against them being neither in their Persons injured nor grieved in their Estates that therefore a general Massacre was the safest and readiest way for freeing the Kingdom of any such fears 3. In which diversity of Opinions howsoever the first prevailed with some for which the Franciscans saith this Fryer one of their Guardians did stand yet others inclined to the Second some again leaned to a Middle way neither to dismiss nor kill And according to this do we find the event and course of their proceedings In some places they are generally put to the Sword or to other Miserable ends some restrain their Persons in durance knowing it to be in their hands to dispatch them at their pleasures in the mena time they being reserved eitheir for profit by their Ransom or for exchange of Prisoners or gaining their own Pardons by the lives of their Prisoners if Time would serve or by their death if the worst did happen to satisfie their fury The Third sort at the first altogether dismissed their Prisoners but first having spoiled them of their Goods and after of their Raiment exposed the miserable wretches to Cold and Famine whereby many have perished by deaths worse than Sword or Halter Hitherto of their Councils and the effects of them Now for their intentions all being reduced which God forbid into their Power and thereof they do as by some Law give such peremptory conclusions that it may well be wondred the thoughts of men professing themselves wise should be so vain and herein I do still follow mine Informer First Their Loyalty to his Majesty shall be still reserved Thus say they of the modest sort but both his Revenues and Government must be reduced to certain bounds His Rents none other than the antient Reservations before the Plantation and the Customs so ordered as to them shall be thought fitting Secondly For the Government such as would be esteemed Loyal would have it committed to 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 called consisting of whom they shall think fit to be admitted wherein their own Religious men shall be assistants Fourthly Poinings Act must be Repealed ☜ and Ireland declared to be a Kingdom Independent on England and without any reference unto it in any case whatsoever Fifthly All Acts prejudical to the Romish Reiligion shall be abolished and it to be Enacted That there be none other Profession in the Kingdom but the Romish Sixthly That only the antient Nobility of the Kingdom shall stand and of them Such as shall refuse to conform to the Romish Religion to be removed 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 recalled and the anuient Proprietors to be Reinvested in their formere Estates with the limitations in their Covenant expressed That they had not formerly Sold their Interests on valuable considerations Eightly That the respective Counties of the Kingdom be Subdivided and certain Bounds or Baronies assigned to the chief Septs and others of the Nobility who are to be answerable for the Government thereof and that a standing Army may be still in being the respective Governors being 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 Governors be of absolute Power only responsible to the Parliament Lastly For maintaining a correspondence with other Nations and for securing the Coasts That also they may be rendred considerable unto others a Navy of a certain number of Ships is to be maintained 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 Abbies and a further contribution to be raised in the respective Provinces to that end That these Houses are to be assigned to a certain Order of Knights answerable to that of Malta who are to be Seamen And to maintain this Fleet that all prizes are to be appointed some part for a Common Bank the rest to be divided to which purpose the felling of Woods serviceable for this use is to be forbidden The House for this purpose to be Assigned to the Provice of Leinster is Kilmainham or rather Howth the Lord of Howth to be otherwise accommodated provided that he joyn with them that place being esteemed most convenient in respect of Situation For effecting of all which they cast up the Accounts of the whole Forces of this Kingdom ☜ that it is able to make up readily Two hundred thousand able men wanting only Commanders and some expert Soldiers for the present with Arms and Ammunition of all which they expect a speedy supply out of Flanders their own Regiments there Exercised being to be sent over and some Ships from Spain allotted for Service That this Kingdom being setled There are Thirty thousand men to be sent into England to joyn with the French and Spanish Forces and the Service in England performed jointly to fall upon Scotland for reducing both Kingdoms to the obedience of the Pope which being finished they have engaged themselves to the King of Spain for assisting him against the Hollanders And for drawing their followers to some Head and for giving the fairer Gloss to their foul Rebellion it is to be admired what strange and unlikely rumours of their own devising they cast abroad sometimes that many Sail of Spaniards are Landed now at one Port then at another that Drogheda
any of them shall joyn with us in this Act following J. A. B. Do in the Presence of Almighty God and all the Angels and Saints in Heaven and by the Contents of this Bible promise vow swear and protest to bear Faith and true Allegiance to Our Soveraign Lord King Charles and the Heirs and Successors of His Body begotten and will defend Him and Them as far as I may with my Life Power and Estate against all Persons that shall attempt any thing against His or Their Persons Honours Estates or Dignities and that I will in exposing my Self Power and Estate joyn with the Irish Army or any other to recover His Royal Prerogatives forcibly wrested from him by the Puritans in the Houses of Parliament in England and to maintain the same against all others that shall directly or indirectly endeavour to suppress or do any Act contrary to real Government as also to maintain Episcopal Jurisdictions and the Lawfulness thereof in the Church-Power Priviledges of Prelates the lawful Rights and Priviledges of the Subjects and I will do no Act or thing directly or indictly to prejudice the Publick Exercise of the Roman Catholick Religion in any of His Majesties Dominions and that I will joyn with and be assisting to the Members in the Common-weal for Redresses to be had of the Grievances and Pressures thereof in such Manner and Form as shall be thought fit by a lawful Parliament and to my Power as far as I may ☜ I will oppose and bring to condign Punishment even to the loss of Life and Liberty and Estate all such as shall either by Force or Practice Councels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article clause or thing in this present Oath Vow and Protestatation contained and neither for Hope of Reward of Fear of Punishment nor any respect whatsoever shall relinquish this Oath and Protestation So help me God This Declaration and Oath was entred in the Counsel Book of Kilkeny and this a true Copy thereof Witness my Hand this Ninth of May 1644. Hierome Green Cler. Counsel Kilkeny Appendix XII The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament Assembled against the Irish Rebellion the 17th of November 1641. WHereas the happy and peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons ill affected to the Peace and Tranquility thereof who contrary to their Duty and Loyalty to His Majesty and against the Laws of God and the fundamental Laws of this Realm have traiterously and rebelliously raised Arms seized upon His Majesties Forts and Castles and dispossessed many of his faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other cruel and inhuman Outrages and Acts of Hostility within this Realm The said Lords and Commons in Parliament Assembled being justly moved with a right Sense of the said disloyal Rebellious Proceedings and Actions of the Peesons aforesaid do hereby protest and declare that the said Lords and Commons from their hearts do detest and abhor the said abominable Actions and that they shall and will to their utmost Power maitain the Rights of His Majesties Crown and Government of this Realm and the Peace and Safety thereof as well against the Persons aforesaid their Abbetters and Adherents as also against all foreign Princes Potentates and other Persons and Attempts whatsoever And in case the Persons aforesaid do not repent of their aforesad Actions and lay down Arms and become humble Suitors to His Majesty for Grace and Mercy in such convenient Time and in such manner and form as by His Majesty or the chief Governour or Governours and the Councel of this Realm shall be set down The said Lords and Commons do further protest and declare that they will take up Arms and will with their Lives and Fortunes suppress them and their Attempts in such a way as by the Authority of the Parliament of this Kingdom with the Approbation of his Excellent Majesty or of His Majesties chief Governour or Governours of this Kingdom shall be thought most effectual Appendix XIII His Majesties Proclamation against the Irish Rebellion By the KING WHeras divers lewd and wicked Persons have of late risen in Rebellion in our Kingdom of Ireland surprized divers of our Forts and Castles possessed themselves thereof surprized some of our Garrisons possessed themselves of some of our Magazines of Arms and Ammunition dispossessed many of our good and loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many Thousands of our good Subjects of the British Nation and Protestants of their Goods to great values Massacred multitudes to them imprisoned many others and some who have the Honour to serve us as Privy Councellors 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 only declare our just Indignation thereof but also do declare them and their Adherents and Abettors and all 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 all further Acts of Hostility wherein if they fail we do let them know that we have authorized 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 authorize 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 Sovereign have made themselves unworthy of any Mercy or Favour whereinour said Justices or other Governour or Governours and General or Lieutenant-General of our said Army shall be countenanced 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 enjoyed 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 proclaimed in and throughout our said Kingdom of Ireland Given under our Signet at our Palace of Westminster the First Day of January in the 17 th Year of
Protestant Subjects And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants may continue of Force and be put in due Execution 3. That Restitution be made of all our Churches and Church Rights and Revenues and all our Churches and Chappels re-edified and put in as good Estate as they were at the breaking out of the Rebellion and as they ought to be at the charge of the Confederate Roman-Catholicks as they call themselves who have been the occasion of rhe Deftruction of the said Churches and possessed themselves of the Profits and Revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdom and that all Persons duly Indicted in the said Kingdom of Treason Felony or other Heinous Crimes may be duly and legally Proceeded against Outlawed Tryed and Adjudged according to Law and that all Persons lawfully Convicted and Attainted or to be Convicted and Attainted for the same may receive due Punishment accordingly 5. That no man may take upon him or execute the Office of a Mayor or Magistrate in any Corporation or the Office of a Sheriff or Justice of Peace in any City or County in the said Kingdom until he have first taken the Oaths of Supremacy and Allegiance 6. That all Popish Lawyers who refuse to take the Oath of Supremacy and Allegiance may be Suppressed and Restrained from Practice in that Kingdom the rather because the Lawyers in England do not here practise until they take the Oath of Supremacy and it hath been found by Woful Experience that the Advice of Popish Lawyers to the People of Ireland hath been a great cause of their continued disobedience 7. That there may be a present absolute Suppression and Dissolution of all the Assumed Arbitrary and Tyrannical Power which the said Consederates exercise over your Majesties Subjects both in Causes Ecclesiastical and Temporal 8. That all the Arms and Ammunition of the said Confederates be speedily brought into your Majesties Stores 9. That your Majesties Protestant Subjects Ruined and Destroyed by the said Confederates may be Repaired for their great Losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise disposed of whereby they may the better be enabled to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may Rebuild the several Plantation-Houses and Castles Destroyed by them in Ireland in as good state as they were at the breaking out of the Rebellion which your Majesties Protestant Subjects have been bound by their several Patents to Build and Maintain for your Majesties Service 11. That the great Arrears of Rent due to your Majesty out of the Estates of your Majesties Protestant Subjects at and since Michaelmas 1641 may be paid unto your Majesty by such of the Consederates who have either received the said Rents to the uses of the said Confederates or destroyed the same by disabling your Majesties Protestant Subjects to pay the same and have also destroy'd all or the most part of all other Rents or means of support belonging to your said Protestant Subjects And that your said Protestant Subjects may be discharged of all such Arrears of Rents to your Majesty 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion and that such Commanders as have raised Forces at their own charges and laid forth great Sums of Money out of their own Purses and engaged themselves for Money and Provisions to keep themselves their Holds and Soldiers under their Commands in the due necessary defence of your Majesties Rights and Laws may be in due sort satisfied to the encouragement of others in like times and cases which may happen 13 That touching such parts of the Confederate Estates as being forfeited for their Treasons are come or shall duly come into your Majesties Hands and Possession by that Title your Majesty after the due satisfaction first made to such as claim by former Acts of Parliament would be pleased to take the same into your own Hands and Possession And for the necessary encrease of your Majesties Revenue and better security of the said Kingdom of Ireland and the Protestant Subjects living under your Gracious Government there to plant the same with British and Protestants upon reasonable and honourable Terms 14. That one good Walled Town may be Built and kept Repaired in every County of the said Kingdom of Ireland and Endowed and Furnished with necessary and sufficient means of Legal and Just Government and Defence for the better security of your Majesties Laws and Rights more especially the true Protestant Religion in time of danger in any of which Towns no Papist may be permitted to Dwell or Inhabit 15. That for the better satisfaction of Justice and your Majesties Honour and for the future Security of the said Kingdom and your Majesties Protestant Subjects there exemplary Punishment according to Law may be inflicted upon such as have there Traiterously Levied War and taken up Arms against your Majesties Protestant Subjects and Laws and therein against your Majesty especially upon such as have had their hands in the shedding of Innocent Blood or had to do with the First Plot or Conspiracy or since that time have done any notorious Murder or Overt Act of Treason 16. That all your Majesties Towns Forts and places of Strength destroyed by the said Confederates since the said Rebellion may be by them and at their Charges Re-edified and delivered up into your Majesties hands to be duly put into the Government under your Majesty and your Laws of your good Protestants and that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion may be slighted and thrown down or else delivered up and disposed of for Protestant Government and Security as aforesaid 17. That according to the Presidents of former times in cases of general Rebellions in Ireland the Attainders which have been duly had by Outlawry for Treason done in this Rebellion may be established and confirmed by Act of Parliament to be in due form of Law transmitted and passed in Ireland and that such Traitors as for want of Protestant and indifferent Jurors to Indict them in the proper County are not yet Indictd not Convicted or Attainted by Outlary or otherwise may upon due proof of their Offences be by like Acts of Parliament Convicted and Attainted and all such Offenders forfeit their Estates as to Law appertaineth and your Majesty to be adjudged and put in possession without any Office or Inquisition to be had 18. That your Majesties Protestant Subjects may be restored to the quiet Possession of all their Castles Houses Mannors Lands Tenements Hereditaments and Leases and to the quiet possession of the Rents thereof as they had the same before and at the time of the breaking forth of this Rebellion and from whence
without due process and Judgment of Law they have since then been put or kept out and may be answered of and for all the mean profits of the same in the interim and for all the time until they shall be so restored 19. That your Majesties said Protestant Subjects may also be restored to all their Monies Plate Jewels Houshold-stuff Goods and Chattels whatsoever which without due Process or Judgment of Law have been by the said Confederates taken or detained from them since the contriving of the said Rebellion which may be gained in kind or the full value thereof if the same may not be had in kind and the like restitution to be made for all such things which during the said time hath been delivered to any Person or Persons of the said Confederates in trust to be kept or preserv'd but are by colour thereof still withholden 20. That the establishment and maintenance of a compleat Protestant Army and sufficient Protestant Soldiers and Forces for the time to come be speedily taken into your Majesties Prudent Just and Gracious Consideration and such a course laid down and continued according to the Rules of good Government that your Majesties Right and Laws the Protestant Religion and Peace of that Kingdom be no more endangered by the like Rebellions in time to come 21. That whereas it appeareth in Print that the said Confederates amongst other things aim at the Repeal of Poyning's Law thereby to open an easy and ready way in the passing of Acts of Parliament in Ireland without having them first well considered of in England which may produce many dangerous consequences both to that Kingdom and to your Majesties other Dominions your Majesty would be pleased to resent and reject all propositions tending to introduce so great a diminution of your Royal and necessary Power for the confirmation of your Royal Estate and protection of your good Protestant Subjects both there and elsewhere 22. That your Majesty out of your grace and favour to your Protestant Subjects of Ireland would be pleased to consider effectually of answering them that you will not give order for or allow of the transmitting into Ireland any Act of general Oblivion Release or Discharge of Actions or Suits whereby your Majesties said Protestant Subjects there may be barred or deprived of their legal Remedies which by your Majesties Laws and Statutes of that Kingdom they may have against the said Confederates or any of them or any of their Party for and in respect of any wrongs done unto them or any of their Ancestors or Predecessors in or concerning their Lives Liberties Persons Lands Goods or Estates since the contriving and breaking forth of the said Rebellion 23. That some fit course may be considered of to prevent the filling or overlaying of the Commons House of Parliament in Irelaâ—d with Popish Recusants being ill affected Members and that provision be duly made that none shall vote or sit therein but such as shall first take the Oaths of Allegiance and Supremacy 24. That the proofs and manifestations of the truth of the several matters contained in the Petition of your Majesties Protestant Subjects of Ireland lately presented to your Majesty may be duly examined discussed and in that respect the final conclusion of things respited for a convenient time their Agents being ready to attend with proofs in that behalf as your Majesty shall appoint In Answer whereunto it was replyed by the Committee of Lords and others of Irish affairs at Oxford 1. THat their Lordships did not think that the Propositions presented by the Protestant Agents to his Majesty and that Morning read before their Lordships were the sense of the Protestants of Ireland 2. That those propositions were not agreeable to the Instructions given the said Agents by the Protestants of Ireland 3. That if â—hose Propositions were not withdrawn they would lay a prejudice on his Majesty and his Ministers to posterity these remaining on Record if a Treaty should go on and Peace follow which the Kings necessity did enforce and that the Lords of the Committee apprehended the said Agents did flatly oppose a Peace with the Irish 4. That it would be impossible for the King to grant the Protestants Agents desires and grant a Peace to the Irish 5. That the Lords of the Committee desired the Protestant Agents to propose a way to effect their desires either by Force or Treaty considering the condition of his Majesties affairs in England To the First Note the Paâ—â—liament of Iâ—eland was interogated on the point and did declare their concurrence with what their Agents had done the Protestant Agents replyed That they humbly conceived that the Propositions which they had presented to his Majesty were the sense of the Protestants of Ireland To the Second That the Propositions are agreeable to the instructions given to the said Agents by the Protestants of Ireland and conduced to the well settlement of that Kingdom To the Third that they had no thought to draw prejudice on his Majesty or their Lordships by putting in those Propositions neither had they so soon put in Propositions had not his Majesty by his Answer to the Protestant Petition directed the same To the Fourth The said Agents humbly conceived that they were imployed to make proof of the effect of the Protestant Petition to manifest the Inhumane Cruelties of the Rebels and then to offer such things as they they thought fit for the security of the Protestants in their Religion Lives Liberties and Fortunes that the said Protestants had not disaffection to Peace so as Punishment might be inflicted according to Law as in the Propositions are expressed and that the said Protestants might be repaired for their great Losses out of the Estates of the Rebels not formerly by any Acts of this present Parliament in England otherwise disposed of which the said Agents desired might be represented to his Majesty and the Lords of the Committee accordingly To the Fifth that the said Protestant Agents were Strangers to His Majesties affairs in England and conceived that part more proper for the Advice of his Councils than the said Agents and therefore desired to be excused for medling in the Treaty further than the manifesting of the Truth of the Protestant Petition and purposing in the behalf of the Protestants according to the Instructions given them which the said Agents were ready to perform whensoever they should be admitted thereunto Touching which and other particulars there were many motions but the proofs they would have insisted upon by the importunity of other affairs never came to their due discussion Appendix XXII Instructions for the Agents who are to attend His Most Sacred Majesty on the behalf of His Majesties Protestant Subjects of Ireland 1. FIrst most humbly to represent unto His Most Sacred Majesty the Remonstrance or Petition of his truly obedient and loyal Subjects the Protestants of this his Kingdom of Ireland intituled To the King 's Most Excâ—llent Majesty
The humble Petition of divers of your Majesties Protestant Subjects in your Kingdom of Ireland as well Commanders of your Majesties Army here as others whose Names are subscribed in the behalf of themselves and others your Protestant Subjects in this your Kingdom and to manifest by all good ways and means the Truths thereof in every particular and to solicite the obtaining the humble Desires therein requested and to refel and disprove the Untruths of the scandalous Aspersions laid by the confederate Roman Catholicks c. of Ireland upon the most gracious Governments of our most Royal late Sovereign Queen Elizaheth and King James of ever Blessed Memory and also of our most gracious and dread Sovereign King Charles and also the extream Falshoods by the said confederate Roman Catholicks published and imposed upon by His Majesties said Protestant Subjects of this Realm 2. And also to offer unto His Majesties Royal and most tender Consideration the barbarous Usage Inhumanity cruel Tortures and bloody Murthers committed and done upon His Majesties Protstant Subjects ☞ in the several parts of the Kingdom without Provocation and that commonly after Quarter given Passes Promises and Oaths for security or safe Convoy especially in that glorious Plantation of King James of ever Blessed Memory in the Province of Vlster which terrible Effusion of innocent Blood crieth to Almighty God and His Sacred Majesty for Justice 3. In like manner to present unto His Sacred Majesty the true and entire Faith and Allegiance of His Majesties Protestant Subjects of this Kingdom unto his Royal Person Crown and Dignity their cheerful and constant Acknowledgment of his Supremacy in all Causes and over all Persons their Universal Obedience to all his Laws and gracious Government and their continual Desires and Endeavours even to the uttermost hazard of their Lives and Fortunes for the preservation of all his Rights and just Prerogatives and to present to His Majesty in what Estate and Condition the Kingdom was in at the Time of the breaking out of this horrid Rebellion 4. And most humbly to desire the Preservation and Establishment of the true Protestant Religion in this Realm and the Suppression of Popery according to the Laws and Statutes to that End established 5. Most humbly to desire His Sacred Majesty that the great Losses of his Protestant Subjects now utterly ruined by the Rebellion of the said confederate Roman Catholicks c. may be repaired in such manner and measure as his Highness in his Princely Wisdom shall think fit whereby His Majesties said Protestant Subjects may be enabled to subsist and reinhabit in the said Kingdom 6. Most humbly to present to His Sacred Majesty all other things that may conduce to the Glory of God to the Advancement of the true Protestant Religion according to the Laws the Honour and Profit of His Majesty the just Prerogatives of his Crown the Preservation of the Laws and just Liberties of the Subject the securing of this Kingdom to His Majesty and His Royal Posterity and future Safety to His Majesties Protestant Subjects in their Religion Lives and Fortunes that they may no longer nor hereafter be liable to such and the like Evils and Destructions on them committed as they have now suffered from those who fell upon them spilt their Blood and destroyed their Estates unprovoked and even when they lived together in full Peace 7. And for avoiding mistakes that you present or propound nothing to His Majesty but what shall be first well debated amongst your selves and maturely considered of and agreed upon in writing by the major part of you and subscribed with your hands 8. That from time to time you give an Accompt of your proceedings unto those who are here appointed to negotiate this Affair Which said Instructions being read the Protestant Petitioners were required to withdraw who after debate had on the Instructions at the Council-board were called in again and exceptions were taken to the first second third fourth and sixth Articles of the Instructions and they were told by the Lords of the Council That they could nor would not recommend them as the Instructions were now drawn and while the third Article of the Instructions remained in respect that they knew that there were many Protestants in the Province of Vlster in Ireland that were not obedient to His Majesties Laws and the Lord Chancellor moved that these words in the second Article aforementioned might be omitted out of the Instructions viz. commonly committed after Quarter given Passes Promises and Oaths for security of safe Convoy especially in that glorious Plantation of King James of ever Blessed Memory in the Province of Ulster which effusion of innocent Blood crieth to Almighty God and His Sacred Majesty for Justice And the Lord Lieutenant and Council further gave the Protestant Petitioners the particulars in writing which they would have added and omitted in the said Instructions otherwise they would not recommend the Protestant Agents nor the Cause to His Majesty And thereupon the Protestant Petitioners consented to the Alteration of their Instructions as hereafter followeth In the second Article of the first Instruction Quarter given is left out In the former part of the third Article these words are left out Viz. In like manner to present unto His Sacred Majesty the true and entire Faith and Allegiance of His Majesties Protestant Subjects of this Kingdom unto His Royal Person Crown and Dignity their cheerful and constant Acknowledgment of his Supremacy in all Causes and over all Persons their Vniversal Obedience to all his Laws and gracious Government and their continued Desires and Endeavours even to the uttermost hazard of their Lives and Fortunes for the Preservation of all his Rights and just Prerogatives In the fourth is added in Doctrine and Discipline In the sixth is added and Statutes in this Kingdom established and now of force Appendix XXIII The Propositions of the Confederate Irish Agents at Oxford and the Answer of the Protestant Irish Agents thereunto 1. Prop. 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 wholsome and necessary by long experience and the repealing of rhose 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 17 th year of your Reign touching Punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Prop. 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 Tenth Year of King Henry the Seventh called Poyning'â— Acts explaining or enlarging the same be suspended during that Parliament for the speedy Settlement of the present Affairs and the Repeal thereof to be there further considered of Answ Whereas 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 represent 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 discussed 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 Terror 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 Cessation of Arms for one whole Year with the Roman Catholicks of Ireland Printed at Oxford the Ninteenth of October 1643. And let all our 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 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 otherwise than it may be agreeable to Conscience Honour and Justice We also humbly desire that such Laws as your Majesty shall think fit to pass may be transmitted according to Poyning's 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 that few or no Protestant Freeholders will be found in the Countries Cities or Boroughs 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 Poyning's Acts notwithstanding their seigned Expressions of their Loyalty 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 Council 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 Two Hundred Years and if their intentions were so clear as they profess we know not why they should avoid the strictest View and Trial of your Majesty and your Councils 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. Prop. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the Seventh Day of August 1641. be clearly annulled and declared void and taken off the File Answ We humbly desire that they 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 proposed 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. Prop. That all Indictments Attainders Outlawries in the King's-Bench or elsewhere since the said Seventh 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
touching Universities and Inns of Court We humbly conceive that this part of the Proposition savoureth of some desire to become independant upon England or to make aspersion on the Religion and Laws of the Kingdom which can never be truly happy but in the good Unity of both in the true Protestant Religion and in the Laws of England for as for matter of charge such of the Natives that are desirous to breed their Sons for Learning in Divinity can be well content to send them to the Universities of Lovane Doway and other Popish places in foreign Kingdoms and for Civil Law or Physick to Padua and other places which draws great Treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheeply be bred up and become as Learned which course I conceive is holden out of their Pride and Disaffection towards this Kingdom and the true Religion here professed And for the Laws of the Land which are for the Common Law agreable to England and so for the greatest part of the Statutes the Inns of Court in England are sufficient and the Protestants come thither without grudging and that is a means to civilize them after the English Customs to make them familiar and in love with the Language and Nation to preserve Law in the Purity when the Professors of it shall draw from one original Fountain and see the manner of the practice of that in the same great Channel where His Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in that place of their principal Instruction where their Foundations of Learning are to be laid a degenerate Corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any Discipline to be used in Ireland or punishment there to be inflicted for departing from the true Grounds of things which are best preserved in Unity when they grow out of the same Root than if such Universities and Inns of Court as are proposed should be granted all which we humbly submit to your Majesties most pious and prudent Consideration and Judgment 8. Prop. That the Offices and Places of Command Honour Profit and Trust within that Kingdom be conferred upon Roman Catholick Natives in equality and indifferency with your Majesties other Subjects Answ We humbly conceive that the Roman Catholicks Natives of Ireland may have the like Offices and Places as the Roman Catholicks Natives of England have here and not otherwise howbeit we conceive that in the generality they have not deserved so much by their late Rebellion therefore we see not why they should be endowed with any new or farther Capacities or Priviledges than they have by the Laws and Statutes now in force in that Kingdom 9. Prop. That the insupportable Oppression of your Subjects by reason of the Court of Wards and Respit of Homage be taken away and certain Revenue in Lieu thereof setled upon your Majesty without Diminution of your Majesties Profits Answ We know of no Oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for the raising of your Majesties Revenues the preservation of your Majesties Tenures and chiefly the Education of the Gentry in the Protestant Religion and in Civility and Learning and good Manners who otherwise would be brought up in Ignorance and Barbarism their Estates be ruined by their Kindred and Friends and continue their depending upon their Chieftains and Lords to the great prejudice of your Majesties Service and Protestant Subjects and there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be pressed unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerns Respit of Homage We humbly conceive that reasonable that some way may be setled for that if that standeth with your Majesties good Pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Prop. That no Lord not estated in the Kingdom or estated and not resident shall have vote in the said Parliament by proxy or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdom Answ We humbly conceive that in the Year 1641 by the Graces which your Majesty then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limiting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more Proxies than two and prescribing the Peers of that Kingdom not there resident to purchase fitting Proportions of Land in Ireland within five Years from the last of July 1641 or else to lose their Votes till they should make such purchases which purchases by reason of the Troubles hapning in the Kingdom and which have continued for two years and a half have not peradventure yet been made and therefore your Majesty may now be pleased and may take just occasion to enlarge that time for five Years more from the time when that Kingdom may again be setled in a happy firm peace And as to Members of the House of Commons the same is most fit as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom 11. Prop. That an Act be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of it self independant of and not subordinate to the Parliament of England and that the Subjects of Ireland are immediately subject to your Majesty as in right of your Revenue and that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independant and no way to be ordered or concluded by the Parliament of England and are only to be ordered and governed within that Kingdom by your Majesty and such Governours as are or shall be there appointed and by the Parliament of that Kingdom according to the Laws of the Land Answ This Proposition concerns your Majesties High Court of Parliament both of England and Ireland and is beyond our Abilities who are not acquainted with the Records and Presidents of this Nature to give an Answer thereunto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Prop. That the assumed Power or Jurisdiction in the Council Board of determining all Manner of Causes be limited to Matters of State and all Patents Estates and Grants illegally and extrajudicially avoided there or elsewhere be left in State as before and the Parties grieved their Heirs or Assigns till legal Eviction Answ The Council-Table hath always exercised Jurisdiction in some Cases ever since the English Government
and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed ☞ and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges For as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament that they will be able and doubtless will clear all the Popish Party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected demands of the Confederates we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Counsellors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observationsâ— and experience of the aâ—aâ—rs and state of Ireland are better ablâ— to give your Majesty morâ— full and satisfactory answers touching the premises than we can and conceiving that the Collection in answer to the said Confederates Remonstrance which we humbly presented to your Majesty the Seventeenth of the last Month of April may in many things give your Majesty more light than these our answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite Append. XXIV Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General Governour of his Majesties Kingdom of Ireland for and on the behalf of His most Excellent Majesty of the one part And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part 1. IT is concluded accorded and agreed upon by his Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholick Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy and that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba I A. B. do truly acknowledge confess testify and declare in my conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or their Crown or Dignity and do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors or to the Lord Deputy or other Governour for the time being all Treasons or Trayterout Conspiracies which I shall know or hear to be intended against his Majesty or any of them and I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman-Catholick happen to be promoted presented or advanced to any Ecclesiastical Promotion Dignity or Benifice according to the form now used in the Protestant Church of Ireland that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick Or if any being a Protestant be advanced promoted or presented to any Ecclesiastical Benefice Dignity or Promotion shall afterwards happen to become a Roman-Catholick that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said Benefice Dignity or Promotion according to the said Statue and it is further concluded accorded and agreed by and between the said Parties that for all matters concerning the first Proposition of the said Catholicks viz. That all Acts made against the Professors of the Roman-Catholick Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland may be Repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion That His Majesties said Roman-Catholick Subjects be referred to His Majesties gracious Favour and further Concessions and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects or any of them from the benefit of His Majesties further Graces and Concessions and that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman-Catholick Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholick Subjects to be accordingly drawn into Bills and transmitted according to the usual manner to be afterwards passed as Acts in the said Parliament 2. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution here or
in England provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of His Majesties Protestant Party or their Adherents or to any of his Majesties Roman-Catholick Subjects Party or their Adherents other than such things as upon this Treaty shall be concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and such other things as shall be propounded to either or both Houses by the Lord Lieutenant or other chief Governour or Governours for the time being during the said Parliament for the advancement of His Majesties Service and the Peace of the Kingdom which Clause is to admit no construction which may trench upon these Articles or any of them 3. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of His Majesties Roman-Catholick Subjects of this Kingdom or any of them since the Seventh of August 1641 shall be vacated and that the same and all exemplifications and other Acts which may continue the memory of them be made void by Act of Parliament 4. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Indictments Attainders Outlawries in this Kingdom and all the Processes and other proceedings thereupon and all Letters Patents Grants Leases Custodiams Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or Outlawries since the Seventh of August 1641 in prejudice of the said Catholicks their Heirs Executors Administrators and Assigns or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assigns or any of them or the Widows of them or any of them and that to be done immediately after concluding of these Articles and at furthest before the First day of October next or in case the said new Parliament be called sooner than the said last day of November then Forty days before the said Parliament And that all impediments which may hinder the said Roman-Catholicks to Sit or Vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to Sit or Vote there shall be removed before the said Parliament provided that no man shall be questioned by reason of this Article for mesne rates or wastes saving wilful wastes committed after the First of November 1645. 5. It is further concluded accorded and agreed upon by and between the said parties And His Majesty is further graciously pleased that all debts do stand in state as they were in the beginning of those troubles and that no grant or disposition made or to be made thereof by vertue or colour of any Attainder Outlawry Fugacy or other Forfeiture whatsoever or otherwise shall be of force and this to be passed as an Act in the said next Parliament 6. It is concluded accorded and agreed by and between the said parties and His Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Freeholders or reputed Freeholders as well of Connaught and County of Clare or Country of Thomond as of the County of Limerick and Tipperary the same to be secured by Act of Parliament according to the intent of the Five and Twentieth Article of the Graces granted in the Fourth year of his Majesties Reign the Tenor whereof for so much as concerneth the said Proposition doth ensue in these words viz. We are Graciously pleased that for the securing of the Inhabitants of Connaught and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against Vs and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Vs Our Heirs and Successors in which Act of Parliament so to be passed you are to take care that all Tenures in Capite and all Rents and Services as are now due or which ought to be answered unto Vs out of the said Lands and Premises by any Letters Patents past thereof since the first year of King Henry the Eighht or found by any Office taken from the said first year of King Henry the Eighth until the One and Twentieth of July 1615 whereby our late dear Father or any His Predecessors actually received any profit by Wardship Liveries primer Seisins mesne rates Oâ—ster le mains or fines of alienations without licence be again reserved unto Vs Our Heirs and Successors And all the rest of the premises to be holden of Our Castle of Athloane by Knights Service according to our said late Fathers Letters notwithstanding any Tenures in Capite found for Vs by Office since the One and Twentieth of July 1615 and not appearing in any such Letters Patents or Offices within which rule it is His Majesties pleasure and it is so concluded and agreed that the said Lands in the Counties of Limerick and Tipperary be included but to be held by such Rents and Tenures only as they were in the Fourth Year of His Majesties Reign Provided always and it is the intention of the said parties to these presents that the said Lords Knights Gentlemen and Freeholders or reputed Freeholders of the said Province of Connaught County of Clare and Country of Thomond and Counties of Tipperary and Limerick shall have and enjoy the full benefit of such Composition and Agreement which shall be made with His most Excellent Majesty for the Court of Wards Tenures Respites and Issues of Homage any clause in this Article contained to the contrary notwithstanding And as for the Lands within the Counties of Kilkenny and Wickloe unto which His Majesty was Intituled by Offices taken or found in the time of the Earl of Strafford's Government in this Kingdom His Majesty is graciously pleased that the state thereof shall be considered in the next intended Parliament wâ—â—rein His Majesty will assent unto that which shall be Just and Honourable And it is further concluded and agreed by and between the said Parties and His Majesty is further graciously pleased that the like Act of Limitation of His Majesties Titles for the security of the Estates of His Subjects of this Kingdom be passed in the said Parliament as was Enacted in the One and Twentieth Year of His late Majesty King James His Reign in England 7. It is further concluded accorded and
take notice of and pursue the said Act of Oblivion without Pleading or Suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precepts for concerning or by reason of any Matter Cause or Thing whatsoever Released Forgiven Discharged or to be Forgiven by the said Act under pain of Twenty pound Sterling And that no Sheriff or other Officers do Execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences Released or Forgiven or mentioned to be Forgiven by this Act And that all other causes usually inserted in Acts of General Pardon or Oblivion enlarging His Majesty's Grace and Mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the Exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend unto any Treason Felony or other Offence or Offences which shall be committed or done from or after the Date of these Articles until the First day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in persuance of these Articles or any of them after the Publication of the said Articles or any Act or Acts which shall be done by Vertue Colour or Pretence of the Power or Authority used or exercised by and amongst the confederate Roman Catholicks after the Date of these Articles and before the said Publication shall not be Accounted Taken Construed or be Treason Felony or other Offence to be excepted out of the said Act of Oblivion Provided likewise that the said Act of Oblivion shall not extend unto any Person or Persons that will not Obey and Submit unto the Peace Concluded and Argeed on by these Articles 16. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy or other Chief Governor Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the four Courts be Farmours of His Majesty's Customs within this Kingdom 17. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Parliament Pass in this Kingdom against Monopolies such as was Enacted in England 21. Jacobi Regis with a further clause of Repealing all Grants of Monopolies in this Kingdom and that Commissioners be Agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them to set down the Rates for the Custom or Imposition to be laid on Aquavite Wine Oyl Yarn and Tobacco 18. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that such Persons asshall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Seal to Regulate the Court of Castle-Chamber and such causes as shall be brough into and censured in the said Court 19. It is further Concluded Accorded and Agreed by and between the said Parties and his Majesty is further graciously pleased that two Acts lately Passed in this Kingdom prohibiting the Plowing with Horses by the tail and the other prohibiting the burning of Oats in the Straw be Repealed 20. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdom 21. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased forasmuch as upon application of Agents from this Kingdom unto His Majesty in the Fourth Year of his Reign and lately upon humble Suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom Order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesty 's said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties Service that the warning mentioned the 21 st Article of the Graces in the Fourth Year of His Majesties Reign be so understood that the Warning being left at the Persons dwelling Houses be held sufficient Warning and that as to the 22 d. Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid Answer as concerns Warning and Process shall be omitted 22. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that Maritime causes may be determined in this Kingdom without driving of Merchants or others to Appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to Appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be Definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament shall then be Sitting otherwise not This to be by Act of Parliament 23. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom is graciously pleased to Assent that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earl of Straffords Government This to be by Act of Parliament 24. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that by Act to be Passed in the next Parliament all the arrears of Interest of Mony which did accrew or grow due by way Debt Mortgage or otherwise and yet not satisfied since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released And that for and during the space of Three Years next ensuing no more shall be taken for Use or Interest or Mony than Five Pounds percent and in all Cases of Equity arising
secured in their Persons Estates and Goods that they have in Ireland and that they may live quietly and securely under the Protection of the said Parliament and their Forces either within England Ireland or Wales and that they shall enjoy those their Estates and Goods without any molestation or question from the said Parliament as any others do who have not offended the said Parliament they submitting to all such Ordinances of Parliament made or to be made as all others do submit unto who have never offended the Parliament 3. Item It is fâ—rther agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion who have any Estates or Lands in England though they have of late consented or submitted either to the Cessation of Armes or the Peace concluded with the Irish Rebbels may compound for the same at the raâ—e of two years profit as they were before the beginning of these troubles they submitting to such Ordinances of Parliament as all Persons now compounding in England do submit unto Provided that they effectually prosecute the same within six months after the publication of this Article 4. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that such as have come under contribution and do now live in the English Quarters and will continue payment of contribution shall be protected in their persons and estates as well from the violence of the Souldiers under the Parliament as of the enemy and this to be extended to all without any distinction of offence or religion and that they shall receive Safeguard by the countenance of the Forces under the Parliament 5. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Onmond that the said Lord Marquess shall enjoy his Estate without molestation or disturbance from the Parliament and shall have indemnity against all debts contracted by reason of any goods Money Debts or Victuals taken up by vertue of any Warrant signed by him and the Councel from any person for the maintenance and support of the Army or any of the Garrisons now under his Lordships Command 6. Item It is agreed and concluded upon and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall be protected in his person and goods for the space of twelve Months against all Suits Arrests molestation or disturbance from any person whatsoever for any debt owing by him to any person whatsoevert before the Rebellion in Ireland 7. Item It is agreed and concluded and the said Arthur Annesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that the said Lord Marquess and all such Noblemen Gentlemen and Officers as shall be desirous to go with him or by themselves into any place out of Ireland shall have free passes for themselves their Families Goods and travelling Arms and a competent number of servants sutable to their respective qualities Provided they demand the said passes within twenty days after the date of these Articles and the said passes are to be in force for three months and no longer after the date of the said passes 8. Item It is agreed and concluded and the said Arthur AAnnesley c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond that he shall have liberty to come and live in England with the like liberty that others have he submitting to all Ordinances of Parliament and for the time of twelve moneths shall not be prest to any Oaths he engaging his honour to do nothing in the mean time that shall be disservice to the Parliament 9. Item Forasmuch as in the sixth Article of the said Lord Marquess of Ormonds additional instructions to Sir Gerrard Lowther Sir Francis Willoughby and Sir Paul Davies it is affirmed by his Lordship that the sum of thirteen thousand eight hundred seventy seven pounds fourteen shillings nine pence is less than the sum disbursed by his Lordship for the maintenance of the Garrisons of Dublin Dundalke Newry Narrow water Green Castle and Carlingford which sum upon Accompt ☜ appeared to the Councel of this Kingdom and to us by their Certificate to be disbursed as aforesaid it is therefore concluded and agreed and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess that upon performance of what is undertaken by his Lordship he shall receive three thousand pounds in mony to answer his occasions in and until his Transportation and likewise Bills of exchange to be accepted by sufficient men in France or Holland to pay unto him ten thousand eight hundred seventy seven pounds fourteen shillings and nine pence of currant mony of and in England either in English mony or such other Coyns as shall be of equal value or worth as so much English mony to be paid to such as his Lorship shall appoint to wit the one half at fifteen days after sight and at six months the other half 10. Item It is agreed and concluded and the said Arthur Annesly Esq c. do for and in the behalf of the Parliament of England conclude and agree and undertake to and with the said Loâ—â— Marquess of Ormond that there shall be pensions to such as the said Commissioners shall think fit forthwith ascertained to the value of two thousand pounds sterling per annum unto such of the Civil and Martial List as also of the distressed Clergy as shall be thought meet to extend it to in such way as may give best satisfaction those Pensions to continue during the Wars till they can receive the like benefit by their own Estates And to the end that upon publication of the Articles these popish Recusants who have not assisted nor adhered to the Rebellion in this Kingdom may be incouraged to continue in their habitations and in enjoyment of their Estates with confidence 't is declared by the said Arthur Annesly Esquire c. in behalf of the Parliament of England that the said Parliament will take them into consideration for favour according as they shall demean themselves in this present Service and thereof they are hereby assured IN WITNESS whereof the said Lord Marquess
Allegiance in haec verba viz. I A. B. do hereby acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other his Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament 6. Item It is concluded accorded and agreed upon and his Majesty is further gratiously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawry fugacy or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawry fugacy or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Free-holders or reputed Free holders as well of Connaght and County of Clare or Country of Thomond as of the Counties of Limerick and Tipperary the same be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the Inhabitants of Connaght and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against us and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or Our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now düe or which ought to be answered unto us out of the said Lands and premises by any Letters Pattents past thereof since the first year of King Henry the Eight or found by any Office taken from the said first year of King Henry the Eight until the 21. of July 1645. whereby our late dear Father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without License be again reserved unto Us Our Heirs and Successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to Our said late Fathers Letters notwithstanding any tenures in capite found for Us by Office since the 21. of July 1615. and not appearing in any such Letters Patents or Offices within which Rule his Majesty is likewise graciously pleased that the said Lands in the Counties of Limerick and Tipperarie be included but to be held by such Rents and Tenures only as they were in the fourth year of his Majesties Reign provided always that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght County of Clare and Country of Thoâ—â—â—â— and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty for the Court of Wards Tenures Respits and issues of Homage any clause in this Article to the contrary notwithstanding and as for the Lands within the Counties of Kilkennie and Wickloe unto which his Majesty was intituled by Offices taken or found in the time of the Earl of Straffords Government in this Kingdom his Majesty is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majesty will assent unto that which shall be just and honourable and that the like act of Limitation of his Majesties Titles for the security of the Estates of his Subjects of this Kingdom be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England 8. Item It is further concluded accorded and agreed upon and his Majesty is further graciously pleased that all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or near the City of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other cheif Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon or any seven or more of them shall think fit and that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the insuing Oath viz. I. A. B. Do hereby acknowledge profess testifie and declare in my Conscience before God and the world that our Sovereign Lord King Charles is lawful and rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and Him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their Crown and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Traiterous conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects may erect and keep free-Schools for Education of youths in this Kingdom any Law or Statute to the contrary notwithstanding and that all
since the 23d of Octob. 1641. to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to his Majesty on before or since the 23d of Octob. 1641. until the perfection of these Articles and likewise to all Measne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to his Majesty since the said 23d of October and before until the perfection of these Articles for by reason or which lay within the survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to discharge or remit any of the Kings Debts or Subsidies due before the said 23d of Octob. 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Rom. Catholick Subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them as the said L. Lieut. otherwise shall think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them as to the Actors and Procurers thereof be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Tho. Lord Viscount Dillon c. or any seven or more of them and that the power of the said Commissioners shall continue only for two years next ensuing the date of their Commission which Commission is to issue within six Months after the Date of these Articles Provided also that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted shall hear order and determine all Cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases and his Majesties chief Governor or Governors and other Magistates for the time being in all his Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same and that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said act under pain of 20 l. sterling And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of general pardon or oblivion enlarging his Majesties grace and mercy not herein particularised be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any Treason Felony or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken or construed or to be Treason Felony or other Offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon c. or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supream Councels Commissioners general appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or publick Taxes to be accounted for since the 23. of Octob. 1641. and not disposed of hitherto to the publick use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon c. or any seven or more of them the said act or any thing therein contained to the contrary notwithstanding 19. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that an act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy-Councel or Judges of the four Courts be Farmers of his Majesties Customs within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that an act of Parliament pass in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them to set down the rates for the Custom and Imposition to be laid on Aquavitae Wine Oile Yarn and Tobacco 21. Item It is concluded accorded and agreed and his Majesty is graciously pleased that such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be as soon as may be authorised by Commission under the great Seal to regulate the Court of Castle-Chamber and such Causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon
the same in the latter Day will be most severely required at our Hands You have our well-beloved Son in Christ advertis'd and signified unto us That you will enter into the Land and Realm of Ireland to the end to bring them to Obedience unto Law and under your Subjection and to root out from among them their foul Sins and Wickedness as also to yield and pay yearly out of every House a yearly Pension of one Penny to S. Peter and besides also will defend and keep the Rites of those Churches whole and inviolate We therefore well allowing and favouring this your godly Disposition and commendable Affection do accept ratifie and Assent unto this your Petition and do grant That you for the dilating of God's Church the Punishment of Sin the Reforming of Manners planting of Virtue and the increasing of Christian Religion do enter to possess that Land and there to execute according to your Wisdom whatsoever shall be for the Honour of God and the Safety of the Realm And further also we do strictly charge and require That all the People of that Land do with all Humbleness Dutifulness and Honour receive and accept you as their Liege Lord and Sovereign reserving and excepting the Right of Holy Church to be inviolably preserved as also the yearly Pension of Peter-Pence out of every House which we require to be truly answered to S. Peter and to the Church of Rome If therefore you do mind to bring your Godly Purpose to effect endeavour to travail to reform the People to some better Order and Trade of Life and that also by your self and by such others as you shall think meet true and honest in their Life Manners and Conversation to the end the Church of God may be beautified the True Christian Religion sowed and planted and all other things done that by any means shall or may be to God's Honour and Salvation of Men's Souls whereby you may in the end receive of God's Hands the Reward of Everlasting Life and also in the mean time and in this Life carry a Glorious Fame and an Honourable Report among all Nations Together with this Bull the Pope sent King Henry a Gold-Ring as a Token of Investiture and somtime after a succeeding Pope Alexander III confirmed the former Grant by the following Breve ALexander the Bishop Hanmer 141. the Servant of the Servants of God to his dearly beloved Son the Noble King of England greeting Grace and Apostolick Benediction Forasmuch as things given and granted upon good Reason by our Predecessors are to be well allowed of ratified and confirmed we well considering and pondering the Grant and Priviledge for and concerning the Dominion of the Land of Ireland to Vs appertaining and lately given by Adrian our Predecessor We following his Steps do in like manner Confirm Ratifie and Allow the same reserving and saving to S. Peter and to the Church of Rome the yearly Pension of one Peny out of every House as well in England as in Ireland provided also that the Barbarous People of Ireland by your means be Reformed and Recovered from that filthy Life and abominable Conversation that as in Name so in Life and Manners they may be Christians and that as that Rude and Disordered Church being by you reformed the whole Nation may also with the Profession of the Name be in Acts and Deeds Followers of the same But saith Rossus of Warwick and he was no Protestant The King of England is not bound to rely on the Pope's Grant for Ireland Speed 472. nor yet to pay that Tax because he had a Precedent Claim to that Kingdom by hereditary Right Others object against these Bulls in another manner and particularly Philip O Sullevan who says They are void for many Reasons First Because they were obtained on false Suggestions and the Infallible Popes were deceived in their Grants Secondly That Regal or Sovereign Power is not granted by them but only that the Kings of England should be Lieutenants or Deputies to the Pope and Collectors of his Peter-Pence Thirdly That they were on a twofold Condition of paying Tribute and converting the People which not being performed the Bulls are void But because it is scarce credible that any Subject should be so Malicious against his Prince you shall have it in his own Words Rex hoc Decretum impetravit falsa Narrans ut ex ipso Decreto ego colligo pag. 59. Non Dominum Hiberniae sed Praefectum causa colligendi Tributi Ecclesiastici pag. 59. b. And again pag. 60. Non ut Rex aut Dominus Hiberniae sed ut a Pontifice Praefectus sic ego accepi ut Exactor Collector Pecunâ—ae quae ad Sedem Apostolicam pertinebat pag. 61. Ac mihi quidem rem totam sollicita Mentis acie contemplanti nihil Juris esse penes Anglos videtur For besides says he their Title was founded in Adultery meaning Dermond Mac Morough's they have exercised Fraud and Cruelty against the Catholicks that entertained them kindly and the very Temples have not escaped them Hinc igitur nemo ignorabit Hiberniam non Jure sed Injuria Narratione minime vera Sullevan 61. fuisse ab Anglis primo obtenta pag. 61. b. Nor can any Body believe says he that the Pope ever design'd so great an Injustice as to deprive the Irish Kings of their Birth-right Ibid. 62. and give it to Strangers And then he tells us That Laurence O Toole Archbishop of Dublin did obtain of the Pope a Bull to deprive the English King of his Government in Ireland but he dyed in his Return in France and is since canonized But says he supposing the Popes Grant at first were good yet 't is forfeited by Breach of Condition since the English did neither propogate Religion nor pay the Peter-Pence Postea omni Jure plane exciderunt Conditiones a Papa dictas constitutasque transgressi Nam Pensionem Divi Petri de medio sustulerunt nullam certam Religionem nullam firmam Fidem habent pro Deo Ventrem Voluntatem Libidinem colunt By this and the Approbation this Scandalous and Lying Treatise met with in Spain and the Repetition of the same things by divers others in their bitter Libels on the English People and Government and particularly by the Author of Analecta Hiberniae it is manifest that there are some Enemies of the Crown of England so malicious and unjust that they would make use of the most frivolous Pretences in the World to wrest the Kingdom of Ireland from the Dominion of the English Kings But as God Almighty has hitherto even many times to a Miracle protected the British Interest in Ireland so I doubt not unless we are wanting to our own Preservation but that he will continue that Noble Island under the Jurisdiction of the Crown of England for ever In the mean time though we lay no stress on the Popes Bulls yet because they are Argumenta ad Hominem and
them to secure the Peace of the Nation And sent them farther private Instructions by Robert Waspail who carried those Letters to whom he commanded them to give Credit And not long after the Lord Justice was removed and David Barry the worthy Ancestor of the Noble Family of Barrymore was made Lord Justice 1267. he so managed the Giraldines that he took from them the Castle of Sligo and all their Lands in Connaught and thereby put an End to those Wars and Differences that were between them and the Burks And in his Time the Friers Preachers were setled at Ross Kilkenny and Clonmel Sir Robert de Vfford was made Lord Justice of Ireland 1268. and began to build the Castle of Roscomon In his Time Cnoghor O Brian of Thomond was slain i.e. murdered by Dermònd mac Monard and Maurice Fitz-Girald not of Desmond as the Annals say but Son of Maurice Lord Justice anno 1272 was drowned between Ireland and Wales And about this Time came over a Writ from the King to levy Aurum Reginae for Elianor the Prince's Wife as was used in England which you may read at large 4 Inst 357. On which I will make but this one Remark That if the Sovereignty of Ireland were in the Prince how comes the King to send the Writ But it will evidently appear by the following Writ That the Prince had not the Sovereignty of that Kingdom CVm Rex per Cartam suam concessit Edvardo 52 Hen. 3. primogenito suo Terram suam Hiberniae cum pertinentiis Lib. GGG c. habendum sibi haeredibus suis Lambeth ita quod non separetur a Corona Angliae idem Edvardus sine Licentia Regis alienationes quorundam terrarum tenementorum spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis quod idem rex sustinere voluit ideo nunc dedit potestatem mandatum nepoti suo filio Regis Alemani the Son of Richard Earl of Cornwal King of the Romans revocandi omnia maneria terras tenementa quae dictus Edvardus filius Regis sic alienavit post feofamentum praedict c. Richard de Excester 1269. Lord Justice In whose time Othobon the Pope's Legate made excellent Constitutions at London He made a more firm Peace and Reconciliation between the Burks and Giraldines And not long after died and Sir James Audly 1270. or de Aldethel was made Lord Justice and had a very unfortunate Government of it for the Irish were every where troublesome Fragm M. S. Quasi omnes Hiberni guerraverunt omnes munitiones Fortifications in Ophaly praeter Castrum de Lega Ley destructi sunt Anglici inde expulsi magna strages utriusque nationis facta est in Connacia The Irish burn'd spoil'd destroyed and slew as well Magistrates as others and the King of Connaught in plain Field defeated Walter Burk Hanmer 202. Earl of Vlster and killed a great number of Nobles and Knights and particularly the Lords Richard and John Verdon and a great Famine and Pestilence the natural Consequences of War spread over all Ireland and sorely afflicted the whole Kingdom The Castles of Aldleck Roscomon and Scheligah perhaps Sligo were destroyed Nevertheless the Pope without Regard to these Universal Calamities required the Tiths of all Spiritual Promotions for three Years to maintain his Wars against a Christian King viz. of Arragon and tho' the People murmured and their Poverty and Misery pleaded loudly for them yet the rapacious Nuntio would not go empty away On the 23 of June 1272. the Lord Justice was killed by a fall from his Horse in Thomond and Maurice Fitz-Maurice Fitz-Girald was made Lord Justice 1272. and so continued till the sixteenth Day of November at which time the King died in Peace and full of Days in his Palace at London having reigned longer than any King since the Conquest viz. six and fifty Years c. THE REIGN OF EDWARD I. King of England c. And LORD of IRELAND EDWARD the First from the Talness of his Person Nicknamed Long-shanks succeeded his Deceased Father in all his Dominions on the 16th Day of November 1272 but he being at that time absent in the Holy Land the Nobility took care to keep all quiet until his Return and then on the 15th Day of August 1274. he was Crowned by Robert Archbishop of Canterbury Maurice Fitz-Maurice Fitz-Girald continued Lord Justice and to him Ware de pres 34. and to Hugh Bishop of Meath Lord Treasurer and to John de Sandford Escheator was a Writ sent December 7. 1272 Commissioning them to receive the Oaths of Fealty and Allegiance to the new King of all the Nobility Gentry and Commons of Ireland And the Lord Justice had another Writ of the same Date to proclaim the Kings Peace and to preserve it wherein 't is said That the King is willing and able by Gods Help to defend and do Justice to his People great and small And the Government of England being informed Prin. 256. That Avelina Countess of Vlster and Widow of Walter de Burgo had been endowed illegally both as to Quantity and Quality a Writ issued in the Kings Name to the Seneschal of Vlster to rectifie that Matter according to the Law and Usage of England In the mean time the Irish took advantage of the Kings absence from England and thought it an opportune Season to rebel 1273. they destroyed the Castle of Roscomon Aldleek Scheligath and Randon and found means to corrupt some of the Lord Justice Followers whereby he was betrayed into their hands in Ophaly and there taken and imprisoned whereupon Walter Genevil newly returned from the Holy Land was sent over Lord Justice Octob. 1273. to him a Writ was sent not to molest the Archbishop of Cashel for any Debts due from him to the King till his Majesties Return to England The Islanders and Red-shank Scots made a sudden incursion into Ireland and burnt several Towns and Villages killing Man 1274. Woman and Child most inhumanely and got away with vast Booty before the Country could get together or put themselves in a posture to prevent or resist this unexpected Torrent but not long after Richard de Burgo and Sir Eustace le Poer served them in their kind and entred the Islands and burnt their Cabbins and Cottages slew all they met with and smoakt out those that had hid themselves in Caves after the same manner that is used in smoaking a Fox out of his Earth Rosâ—omon-Castle was once again repaired 1275. or rather reedified and Mortagh a strong Tory being taken Prisoner by Sir Walter le Faunt was executed but the Lord Justice being recalled Sir Robert de Vfford was made Lord Justice 1276. in whose time Thomas de Clare Son of the Earl of Glocester came into Ireland and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald though some say it was anno 1274. There is little
recorded of the Battel of Glandelory or Glinbury as to the Captains Numbers or other Circumstances save that the English suffered a great Defeat there and that William Fitz Roger Prior of the Kings Hospitallers and many others were taken Prisoners Hanmer 203. and a great number slain which ill Success was somewhat ballanced by a sore Battel which Ralph Peppard and O Hanlon gave to the great O Neal. Thomas de Clare and O Bryan Roe King of Thomond were likewise at odds 1277. and the Briton had tho' the better of it at first so that he took O Bryan and beheaded him yet afterward the Irish drove Thomas and his Father-in-Law into the Mountains of Slevebloom M. S. Fragment 2. and kept them there till for want of better Victuals they fed upon Horse-flesh and thereupon they yielded themselves Prisoners and to obtain their Liberty were forced to give Hostages that they would make satisfaction for O Bryan's Death and surrender the Castle of Roscomon And as if some malignant Star had influenced all the Inhabitants of Ireland to contention the Irish also quarrelled with one another and Mac Diarmund of Mylurg encounter'd the King of Connaught and slew him and two thousand of his Men. Wherefore the Lord Justice was sent for over to give account of this Bustle and why he permitted it as also to answer why he did not in person assist Thomas de Clare against the O Bryans To the first he answered that it was no damage to the King that one Rebel destroy'd another and to the second he gave such an Answer as was satisfactory Stephen de Fulborne 1279. Bishop of Waterford was left Lord Justice till his Return In his time were coyned in England several round Pieces of Money viz. the Penny the Half-penny and the Farthing which by Proclamation were made current in England and Ireland and yet the old Money was not cried down About this time the Irish Petitioned the King that they might have the Benefit of the Laws of England extended to them which produced the following Writ REX Archiepisc Prin 257. Abbatib Comitib Baronib Militib omnibus Anglicis de terra Hiberniae Salutem Ex parte Hibernicorum de terra praedicta nobis extitit humiliter supplicatum quod sibi de gratia nostra concedere dignaremur ut eisdem Legibus Consuetudinibus communibus uti gaudere possint in terra quibus Anglici ibidem utuntur gaudent secundum easdem Leges Consuetudines deduci valeant in futurum Nos autem quia hujusmodi concessionem absque Conscientia vestra eis ad praesens non duximus faciendam Vobis mandamus quod ad certos dies quos ad hoc provideritis viz. citra Festum Nativitatis Beatae Mariae Virginis in aliquibus locis oportunis conveniatis inde diligentem tractatum inter vos habeatis Vtrum sine prejudicio vestri Libertatum Consuetudinum vestrarum etiam sine damno vestro dictam concessionem facere possumus eisdem necne de omnibus aliis circumstantiis hujusmodi concessionem contingentibus de hoc quod inde feceritis nobis citra proximum Parliamentum nostrum quod erit apud Westminster à die Sancti Michaelis in unum Mensem sub Sigillo Justic nostri Hiberniae vel ejus locum tenentis Sigillo dilecti fidelis nostri Roberti Baggot distincte aperte una cum concilio vestro constare faciatis hoc propter absentiam quorundam de paribus vestris quos ibidem interesse non contigerit vel illorum qui sunt infra atatem in custodia nullatenus omittatis ut nos ex tunc habita super hoc deliberatione pleniori inde provideri faciamus quod nobis concilio nostro magis videbitur expedire c. It is certain the Answer to this Writ was in the Negative and I suppose the Reason was That since the Irish generally were not amensnable to the Law but still used and would use their own Brehon-Law and Tanistry it was not fit they should have a general Benefit of the Laws of England but rather that every Person Family or Sept who would give some Assurance or at least Promise of Allegiance and Submission to the English Laws should by Special Writ be admitted to the Benefit of them and therefore we find a Multitude of such Writs and Licences from this time forward and many of them are in this Form viz. Quod ipse liberi sui de corpore suo legitime procreati hanc habeant libertatem And sometimes it is to Them and Their Heirs and sometimes to Them and Their Heirs of such a Sirname But the most memorable Writ of this Sort is that which follows REx omnibus ad quos Prin 258. 6. Rich. 2. c. Salutem sciatis quod de assensu concilii nostri concessimus pro nobis haeredibus nostr ad supplicationem Cornelii de Clone de Hibernia dicto of Fynatha militis Hibernici pro suo bono gestu erga nos pro bono servitio quod nobis impendit tempore praeterito tam praedicto Cornelio qui est de Natione Hibernica quam omnibus aliis de praedicta Natione qui sunt erunt ad obedientiam nostram de sanguine ipsius Cornelii existunt gerunt illud cognomen de Fynatha quod ipsi tempore quo ipsi sic obedientes nobis vel haeredibus nostris existunt uti gaudere possint omnimodis haereditatibus beneficiis libertatibus in Terra nostra Hiberniae predicta prout ligei nostri Anglicani obedientes nostri ibidem gaudent utuntur aliquo statuto vel ordinatione in contrarium edito non obstante c. Robert de Vfsord 1280. Lord Justice returned from England and kept all things in such good Order that nothing is recorded of the two following Years but the unfortunate burning the City of Waterford But he being removed Stephen Fulborn 1282. Bishop of Waterford afterwards Archbishop of Tuam was Lord Justice it seems he had been also Lord Treasurer And then the Irish made great Stirs in Connaught Arlow and Vpper Ossory which cost many Lives but the Loss fell heaviest upon the principal Rebels Mortagh and Art mac Morough were slain by Penquir◠at Arclow and Mac Gilpatrick also met with an untimely Death in Connaught And these Publick Contests were accompanied with Private Quarrels so that Adam Cusack slew William Barret and his Brethren about some Lands they contended for in Connaught It is to be remembred That the Oastmen or Easterlings had generally the benefit of the English Laws by Charters from King Henry to each City That of Waterford is to be seen in Sir John Davis his excellent Discourse pag. 94. And it was this Year confirmed by King Edward Great part of the City of Dublin was this Year burnt 1283. and the Steeple and Chapter-House of Christ Church did not escape the
make them seek Peace yet he was in no wise able to reduce them to the Obedience of Subjects or enlarge the Limits of the Pale however what he did was held so considerable that the Lords and Gentlemen of the Pale made Certificate of this great Service in French to the King Nevertheless the Army was so ill paid in this March that the Subject suffered more from the Cess of the Souldier than they gained by this small and temporary mortification of the Irish and this was the common Calamity from hence forward so that Necessity revived Coyn and Livery again by degrees notwithstanding that it remained Treason by Act of Parliament In August the Parliament met at Dublin 1415. and sate six weeks during which time the Irish followed their usual Course of falling upon the English and killed Thomas Ballymore of Ballyquelan and many others and on the 22th day of October the King obtained a most glorious and entire Victory over the French at the Battel of Agincourt But the Parliament was adjourned to Trym 1416. and there it sate on the 11th of May and continued seven days and gave the King a Subsidy of four hundred Marks in Money and the next year the Prior of Kilmainham with sixteen hundred Irish went to aid the King in France 1417. they Landed at Harslew in Normandy and did the King very good Service But I should have remembred That the King and Parliament at Westminster anno 1413. did Enact That for the Peace and Quietness of England and for the encrease and enstoring of Ireland That all Irishmen Irish Clerks Beggars and Chamberdekins be voided out of England before All-Saints next Lib. M. except Graduates in Schools Sergeants and Apprentices at Law and such as be Inheritors in England and Religious Persons professed and Merchants of good Name and Apprentices now dwelling in England and those whom the King will dispense with and that all Irishmen who have Offices or Benefices in Ireland shall dwell in Ireland for the defence of the Land And now 4 Hen. 5. Lib. M. It was likewise Enacted in England that all Archbishops Bishops Abbots and Priors of the Irish Nation Rebels to the King that shall make any Collation or Presentment to Benefices in Ireland or bring with them any Irish Rebels among the Englishmen to the Parliament Councils or other Assemblies within the same Land to know the Privities or States of the Englishmen their Temporalities shall be seized till they fine to the King and that the Governors of Ireland be defended and restrained to grant such Benefices or Pardons in the case to Irish Persons not English and that such Licenses shall be void There is very little recorded of the Year 1418 1418. and it is scarce worth mentioning That the Lord Lieutenant did spoil the Tenants of Henry Crus and Henry Bethel probably for some Misdemeanor by them committed against the Government But the Year 1419. 1419. will afford us more Matter for on the last Day of May the Lord Lieutenant accompanied by the Archbishop and Mayor of Dublin razed the Castle of Kenun having a little before in the same Month taken Prisoner Mac Morough the chief Captain of his Nation and on the 20th of June the Lord William de Burgh took O Kelly and slow five hundred Irish in Connaught but the Lord Lieutenant was sent for to England and substituted his Brother Richard Talbot Archbishop of Dublin Lord Justice or Deputy He held a Royal Council i. e. a Parliament at the Naas which gave a Subsidy of three hundred Marks On Maundy-Thursday O Tool took four hundred Kine from Ballymore and so broke the Peace contrary to his Oath but it fared worse with the Irish at Rodiston where thirty of them were slain by the English under the Command of the Lord Justice but on the 4th day of April Landed at Waterford James 1420. Earl of Ormond Lord Lieutenant His Commission is very large and beareth Date the 10th of Febr. 7 Hen. 5. and is to be seen Pryn 412. He held a Council at Dublin the 23th of April and summoned a Parliament to meet the 7th of June which did accordingly then meet and sate sixteen days and gave the King a Subsidy of seven hundred Marks and adjourned to Monday after S. Andrews Day and at that Session they gave another Subsidy of three hundred Marks and the publick Debts contracted by the Lord Talbot were paid and then they were Adjourned to the Monday after S. Ambrose's Day But it will be convenient to shew the Reader who paid these Subsidies and what their respective Proportions were and thereby he will perceive the vast Alteration for the better that is made in the State of Ireland since those Days This Subsidy was called Tertium Subsidium and was applotted thus Lib. CCC Â Lib. s. d. The Clergy of the County of Wexford 13 06 08 The Commons of Kildare 34 10 05 The Clergy of Kildare 04 02 10 Commons of Typerary 08 11 04 Clergy of Cashel 00 19 04 Commons of Limerick 02 03 00 Clergy of Limerick 00 08 01 Kingsale 01 16 08 Â Mar. s. d. Meath Liberty 83 00 00 Clergy of Meath 40 00 00 Clergy of Dublin 11 11 08 Drogehda 04 03 00 Commons of Carlow 04 01 04 Clergy of Ossory 02 00 11 Commons of Kilkenny 18 05 11 Commons of Louth 25 12 05 Clergy of Ardes 08 08 09 Commons of Dublin 40 10 00 City of Dublin 06 10 00 Clergy Cathedral of Dublin 11 11 08 Cork 02 02 00 On the 28th of October Thomas Fitz-Girald took Colmolin Castle and the Parliament met again according to Adjournment on Monday after S. Ambrose's Day and ordered that the Archbishop of Armagh Sir Christopher Preston and others should go Commissioners to the King to desire a Reformation of the State of the Land At this Parliament John Gese Bishop of Lismore and Waterford accused Richard O Hedian Archbishop of Cashel of Thirty Articles the Principal of which were First Ware de Praesul 170. That he loved none of the English Nation nor gave any Benefice to any Englishman and that he counselled other Bishops to do the like Secondly That he had counterfeited the Great Seal Thirdly That he designed to make himself King of Munster Fourthly That he had taken a Ring from the Image of S. Patrick which the Earl of Desmond had offered and gave it to his Concubine c. There was also a Contest between Adam Pory Bishop of Cloyne and another Bishop but it is probable that the former Accusation was suppressed because we find no farther Proceedings upon them and because the Archbishop seems to have been a more generous sort of Man for he not only repaired the Cathedral of Cashel and a Mansion-House or two for his Successors but also was otherwise a great Benefactor to that See and liberal to Pious Uses and the later Contest was transmitted to Rome But we should return
to the Lord Justice 1422. whose Servants were on the Seventh of May attacked and defeated by the Irish Purcel Grant and five and twenty English more were slain and ten taken Prisoners and two hundred escaped to the Abby of Leix and to revenge this the Lord Justice invaded O Mores Country and defeated his terrible Army in the red Bog of Asby he relieved his own Men and burnt and preyed the Rebels Lands for four days until themselves came and sued for Peace And it seems O Dempsy notwithstanding his Oath of Obedience invaded the Pale and took the Castle of Ley from the Earl of Kildare which the Lord Justice had justly restored to the Earl whereupon Campion makes a severe Remark on the Irish That notwithstanding their Oaths and their Pledges they are no longer true than they feel themselves the weaker In the mean time Mac Mahon play'd the Devil in Vrgile and burnt and spoil'd all before him Camp 97. but the Lord Justice also revenged that Prank and forced Mac Mahon to submit and many other Noble Exploits did this good Governor for whose Success the Clergy of Dublin went twice every week in solemn Procession praying for his Victory over those disordered Persons which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life and repined at the English And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG 24. at Lambeth whereby this Earl of Ormond constituted James Fitz-Girald Earl of Desmond his Seneschal of the Baronies or Signiories of Imokilly Inchicoin and the Town of Youghal during his Life I have no more to add but that this Victorious King after he had conquered France submitted to the common Fate on the last Day of August 1422 in the Flower of his Age and the Tenth Year of his Reign THE REIGN OF HENRY VI. King of England c. And LORD of IRELAND HENRY the Sixth was but nine Months old at the Death of his Illustrious Father 1422. and therefore the deceased King had by his last Will appointed John Duke of Bedford to be Regent of France Humphry Duke of Glocester to be Governour of England and Thomas Duke of Excester and Henry Bishop of Winchester to be Guardians of the Young King's Person All which was duly observed and the Infant King was proclaimed in Paris and the Nobility that were there swore Allegiance to him James Earl of Ormond continued Lord Lieutenant of Ireland and upon a Petition preferred by the House of Commons to the King about the manifold Murders Robberies Rapes Riots and other Misdemeanours committed by the Irish in England Lib. M. it was enacted there That all Persons born in Ireland should quit England within a time limited except Graduates in either University Clergymen beneficed those that have Land in England or are married there or those whose Parents are English and even such are to give Security of their good Behaviour And not long after came over Edmond Mortimer 1422. Earl of March and Vlster Lord Lieutenant He died afterwards of the Plague at the Castle of Trym which was his own Inheritance And in his stead came John Lord Talbot 1425. Lord Justice In whose time the Barretts a Family of good account near Cork did by Indenture covenant to be obedient to the Earl of Desmond who was exceeding Powerful and lorded it over great part of Munster with a high Hand This Governour resigned to James Earl of Ormond 1426. Lord Justice In whose time John Duke of Bedford 4 Instit 360. Regent of France obtained a Patent for all the Mines of Gold and Silver within England Ireland c. rendring to the Church the tenth Part to the King the fifteenth Part and to the Owner of the Soil the twentieth part And then Sir John de Gray 1427. Lord Lieutenant landed at Hoâ—th the thirty first of July and was sworn the next Day but no mention is made of any thing he did but that he went for England and left Edward Dantzy Bishop of Meath 1428. his Deputy He was for a time Treasurer of Ireland and dyed the fourth of January 1428. Upon Notice whereof Sir John Sutton Lord Dudly was sent over Lord Lieutenant He held a Parliament in Dublin Friday next after the Feast of All Saints 1429. at which it was enacted That the Sheriff upon Pain of Amercement should add to the Panel of Jurors the Place Estate and Mistery of every Juror And in the Preamble to this Act the Lord Lieutenant is Styled The Right Noble and Right Gracious Lord. And on the sixth of the same November the King was crowned at Westminster And soon after the Lord Lieutenant returned and left Sir Thomas Strange 1429. Lord Deputy in whose time the King was crowned at Paris 1431. and took the Oaths and Homage of the Nobility and People there And now happened the famous Case of the Prior of Lanthony which was That a Judgment in the Common Pleas being removed to the Irish Parliament was affirmed there Whereupon a Writ of Error was sent from England but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland to reverse it And therefore the Prior petitions the King That the Record may be transmitted to the House of Lords in England to be examined there Sir Thomas Stanly was made Lord Lieutenant of Ireland 1432. and it seems that he called a Parliament which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England leaving Sir Christopher Plunket Lord Deputy 1432. he was afterwards Baron of Killine in Right of his Wife Heir of the Cusacks and his second Son became Baron of Dunsany But Sir Thomas Stanly 1435. Lord Lieutenant returned and gave a Check to the Irish who were insolent beyond Measure and incroaching everywhere on the Pale making the best Advantage of the King's Minority and the Absence of the Military Men in France but the Lord Lieutenant with the Power of Meath and Vriel took Moyle O Donel Prisoner and slew a great many of the Irish And afterwards about Michaelmas he went again to England and left Richard Talbot Archbishop of Dublin 1436. Brother to the Earl of Shrewsbury Lord Deputy he was sometime Lord Chancellor of Ireland and was elected Primate of Armagh but he refused to change his Bishoprick Lion Lord Wells 1438. Lord Lieutenant in whose time a second Law was made in England Lib. M. obliging the Irishmen to return into their Native Country And another Statute was made in Ireland to stop the Passage of any more into England And on the twelfth of June 17 Hen. 6. Robert Fitz-Geofry Cogan granted all his Lands in Ireland being half the Kingdom of Cork to James Earl of Desmond and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore Lib. G. Downdrinane
York Second Son of Edward the Fourth to whom the Crown did really belong if he were living and this Perkin did personate him so well that there remains some doubt to this day whether he were an Impostor or not but supposing he was it was cunningly contrived to let him first appear in Portugal as a Child that had in a skulking manner fled from the Cruelty of his usurping Unkle besides Portugal was a Place with which the Duchess of Burgundy had not much Correspondence and therefore it could not be suspected that she had a hand in the Cheat but however that be young Perkin set Sail from Lisbon and arrived safely at Cork where he was kindly received by the Citizens and particularly by John Walters an eminent Merchant of Cork who probably was then Mayor and whose Apprentice Perkin had been as they say he wrote Letters to the Earls of Kildare and Desmond for their Assistance against King Henry but before he received their Answers he received Letters from the French King inviting him thither and so to France he went and was royally received and entertained until that King made Peace with King Henry and then Perkin made a seasonable Retreat into Flanders where he was exceeding welcome to his supposed Aunt the Duchess of Burgundy and there we will leave him for a while and return to our â—ord Deputy He held a Parliament at Dublin 1493. on Friday after Midsummer which it seems vacated some Indictments and Inquisitions that had formerly been made to the prejudice of this Lord Deputy by the Means of the Lord Portlester and now the Tables being turn'd and the Votaries of the House of Lancaster at Helm the Lord Portlester himself was questioned in the Exchequer for the miss-management of his Office of Treasurer This Parliament did also repeal a former Act made against the City of Waterford and restored that City to all its ancient Liberties and Priviledges and it is probable that there was also an Act of Parliament now made for the general Resumption of all the Crown Lands that were alienated or granted away since the first year of King Henry the Sixth but none of the Acts of this Parliament are Printed except one for the cleansing of the Water-Course in St. Patrick-street in Dublin and so this Parliament being dissolved in August the Lord Deputy on the sixth of September following resigned to Robert Preston Viscount Gormanstown Lord Deputy to the Duke of Bedford who it seems had not Commission to call a Parliament nevertheless he did call one which met at Drogheda and made several Statutes which were absolutely void for the Defect aforesaid however they were expresly repeal'd by 10 Hen. 7. cap. 23. And these farther Reasons were given for it 1. That the Lord Lieutenant had surrendred his Patent before the Summons And 2. Because the Parliamentary Summons did not issue to all the Shires but to four Shires only On the Twelfth of September this Lord Deputy called several of the Nobility to Trim where they subscribed Articles for the Peace of the Kingdom viz. That no man should make War without the Deputies Consent and that several Extortions and Tributes that were used and demanded should be abrogated and suppressed and that Murderers Thieves and Vagabonds should be punished c. There were present at this Assembly Alexander Plunket L. Chancellor Girald Earl of Kildare the Bishops of Meath Kildare the Lords of Slane Delvin Killeen Houth Trimletston and Dunsany c. And they gave Recognizanse and Hostages for the observation of those Articles and after this he called the Parliament aforesaid In October the late Lord Deputy Fitz-Symons went into England to give the King a full Account as well of his own Government as of the present State of the Kingdom of Ireland and not long after viz. in November following the Earl of Kildare hearing he was impeach'd in England went also thither to justifie himself before the King but the L. Deputy leaving the Government in the Hands of his Son followed the Earl to England and by the Assistance of Sir James Ormond Lord Treasurer of Ireland he so far prevailed that Kildare's Justification was rejected and himself sent over Prisoner to Ireland to the end the Matter might be more fully examined upon the place 1494. by Sir Edward Poynings Knight of the Garter Lord Deputy whose chief Errand was to suppress the Abettors of Perkin Warbeck he came over the thirteenth of September and immediately made great Alterations amongst the Ministers of State Henry Dean Bishop of Bangor he constituted Lord Chancellor Sir Hugh Conway was appointed Treasurer Thomas Bouring was made Chief Justice of the Kings Bench as John Topcliff was of the Common Pleas and Walter Ever was made Chief Baron of the Exchequer all which were Englishmen born and good Lawyers and were sworn of the Privy Council of Ireland This Deputy brought over with him about one thousand Souldiers and resolved to invade Vlster to pursue some of Perkins's Friends that fled thither it is strange he should use the Earl of Kildare's assistance in this Expedition however together they went accompanied with Sir James Ormond who had resigned the Office of High Treasurer they did great Execution on the Irish and harass'd the Territories of O Hanlon and Mac Genis and others It was suggested That Kildare did secretly treat and conspire with O Hanlon to destroy the Lord Deputy for which he was Attainted as shall be shewn hereafter but it seems he was innocent of that Matter not only because O Hanlon cleared him upon Oath two years after but also because he was acquitted in England upon full hearing before the King Nevertheless Kildare's Brother did at this time seize on the Castle of Caterlogh whereupon the Lord Deputy was necessitated to clap up a sort of a Peace with O Hanlon and Macgenis and so having taken their Oaths and Hostages he immediately marched to Caterlogh which after ten days Siege 1494. was surrendred unto him And so in November on Monday before the Feast of St. Andrew sate that famous Parliament at Drogheda which Enacted I. That the Treasurer might appoint his under-Officers here as is used in England and shall account once a year here before the Barons of the Exchequer and such of the Council as the Lord Deputy shall appoint and the same Accounts to be certified into England and finally determined and setled there II. That no Minister of Justice viz. The Chancellor Treasurer Judges Clerk or Master of the Rolls nor any Officer Accomptant shall have their Places but during the King's Pleasure III. An Act adnulling a Prescription which Traytors and Rebels claimed in Ireland The Reason of this Act was because Richard Duke of York at his last being in Ireland did Cause an Act to be made That Ireland should be a Sanctuary for Refugees and that it should be Treason to disturb any body there by any Writ Privy Seal or other Matter from England and
Resumption of all the Grants made by the Crown since the last day of the Reign of King Edward the Second Lib. G. except some Particulars mentioned in the Act and another Act Rot. Parl. c. 41. attaints the Earl of Kildare and his Brother James for High Treason for corresponding with O Hanlon and seizing the Castle of Caterlogh for extorting Coyn and Livery and for treating with the King of Scotland however he was afterward acquitted in England and received into favour and perhaps there was another Act to dissolve the Fraternity of S. George for it is certain that about this time that Brotherhood fell and so I have done with this Famous Parliament when I have told you that it is a Mistake in the Printed Statute-Book to place it anno 1495 because it is manifest That November 1494 was in the tenth Year of this King's Reign It is scarce worth mentioning Ware 43. That during this Parliament the Lord Deputy made another Expedition into Vlster because the Irish fled into their Fastnesses so that he reaped but small Fruit for his Journey In his Absence he left a Commission with the Chanchellor to continue adjourn prorogue or dissolve the Parliament as he saw cause About this time Cormock mac Teige mac Carthy of Muskry 1495. was basely murdered by his Brother Owen Ancestor of the Mac Carthyes of Cloghroe and was buried in the Abby of Kilcrea which he himself had founded But let us return to Perkin Werbeck who set sail from Flanders with about six hundred Men and arrived on the Coast of Kent but he found ill treatment there for one hundred and sixty of his Men were taken Prisoners and afterwards executed Thence he sailed to Ireland where he staid some time in Munster probably at Cork but finding the Irish unable to give him any considerable Assistance and fearing the Forces of the Lord Deputy he went thence into Scotland and by that King's Consent married the Earl of Huntly's Daughter who was nearly related to the Crown of Scotland The King of Scots did invade England in favour of Perkin but finding that none of the English came to assist the Impostor he wasted Northumberland and returned And thus Sir Edward Poynings drove Perkin out of Ireland and suppressed his Abettors and established many good Laws which though for the present they extended no further than the Pale yet their Effect and Influence increased and inlarged as fast as the King's Authority did so that those Statutes are at this day in full force over all the Kingdom And the King finding Ireland in so quiet a condition recalled the Lord Deputy and for his good Service made him Knight of the Garter And in his place appointed Henry Dean 1495. Bishop of Bangor Chancellor of Ireland and afterwards Archbishop of Canterbury 1496. to be Lord Justice and on the twenty sixth of April William Ratcliff was made Vice-Treasurer and John Pimp Treasurer at War and on the twenty fifth of June the Lord Delvin was made General for defence of the Pale and in July Octavianus Archbishop of Armagh held a Synod at Droghedah the Acts whereof are not to be found and in August Hugh O Donel being returned out of Scotland encountred and defeated O Connor near Sligo Whereupon he besieged the Castle of Sligo but without Success for being frightned with the News of the Approach of the Burks of Clanrickard he raised the Siege and retired in hast towards Tyrconnel But Burk was not so satisfied but burnt and destroyed all the adjacent Territories that belonged to O Donel's Partisans But the Earl of Kildare was still kept in Prison in England for Grief whereof his Countess died The Earl was accused of burning the Church of Cashel and many Witnesses were ready to prove it when contrary to all their Expectations he readily confessed the Fact and swore by Jesus That he would never have done it but that he thought the Archbishop was in it Which being uttered with a bluntless peculiar to this Lord did exceedingly work upon the King for whilst the Earl did so earnestly urge that for his Excuse which was the greatest Aggravation of his Crime the King easily perceived That a Person of that Natural Simplicity and Plainness could not be guilty of those Finesses and Intrigues that were objected against him It is reported of this Earl That he desired the King to permit him to have Council to manage his Cause since he was altogether unqualified to deal with such cunning Knaves as his Adversaries The King told him He should have what Counsel he would choose and that it concerned him to get Counsel that were very good for that he doubted his Cause was very bad The Earl replied That he would pitch upon the best Counsel in England Who is that said the King Marry even your Majesty quoth the Earl Whereat the King laughed But nevertheless he so requited Kildare for his Complement that when the Adversary concluded his Oration That all Ireland could not govern this Man the King took that occasion to make reply That therefore he was the fittest Man to govern Ireland Ware 49. And so for his Jest-sake made him Lord Lieutenant of that Kingdom by his Letters Patent of the sixth of August and restored him to his Honour and Estate Nevertheless the King kept the Earls eldest Son Girald as Hostage of the Father's Fidelity which proved to be a matter of Caution rather than of Necessity for no body could behave himself with more Loyalty to his Prince nor more Vigor against the Irish than the Earl of Kildare did from henceforward But to proceed Girald Earl of Kildare 1496. being made Lord Lieutenant in a short time after he had received the Sword marched towards Thomond against O Brian he went through the City of Limerick and took the Castle of Feyback from Finin Mac nâ—marra and afterwards took and rased the Castle of Ballyniti or Ballynice and so returned to Dublin and was reconciled to the Archbishop of Armagh to their mutual Ease and Quiet and to the great Advantage of Publick Affairs which often suffer especially in Ireland by the private Animosities of the Grandees But the Bishop of Bangor was recalled into England and Walter Archbishop of Dublin was made Lord Chancellor in his stead This good Archbishop in a Synod at Dublin anno 1492 procured a Pension for a Divinity-Reader there to be paid by him and his Suffragans and their Successors for ever And it is reported of him That being present when a famous Orator made a most eloquent Speech to the King his Majesty asked the Archbishop How he liked the Oration The good old Man replied That he saw no other Fault in it but Flattery As God shall love me quoth the King That is the very Fault I my self espied The King by advice of the Lord Lieutenant resolved to pardon those great Men that had been concerned with Perkin Warbeck lest Despair might induce
Souls paid Tribute to Caesar though no Christian greater Honour then surely is due to your Prince His Highness the King and a Christian one Rome and her Bishops in the Fathers Days acknowledged Emperors Kings and Princes to be Supreme over their Dominions nay Christs own Vicars and it is much to the Bishop of Rome's shame to deny what their precedent Bishops owned Therefore his Highness claims but what he can justifie the Bishop Elutherius gave to S. Lucius the first Christian King of the Britains so that I shall without scrupling vote his Highness King Henry my Supreme over Ecclesiastical Matters as well as Temporal and Head thereof even of both Isles England and Ireland and that without Guilt of Conscience or Sin to God and he who will not pass this Act as I do is no true Subject to his Highness XIII That the King and his Heirs and Successors for ever shall have the twentieth part of the yearly Profits Revenues Rents Farms Titles Offerings and Emoluments Spiritual and Temporal belonging to any Archbishoprick Bishoprick Abbacy Monastery Priory Arch-Deaconry Deanry Hospital Comandry College House Collegiate Prebend Cathedral-Church Collegiate Church Conventual Church Parsonage Vicarage Chantry or Free Chappel or other Promotion Spiritual whatsoever And the King was so well pleased with this Act Lib. H. that he sent a particular Letter of Thanks to the Lords Spiritual for granting him the twentieth part of their Livings yearly for ever XIV That no Subject shall be shaved above his Ears or wear Glibbs or Crom-meals i.e. Hair on the upper Lip or Linnen died in Saffron or above seven yards of Linnen in their Shifts and that no Woman wear any Kirtle or Coat tucked up or embroydered or garnished with Silk or couched ne laid with Usker after the Irish Fashion and that no Person wear Mantles Coats or Hoods after the Irish Fashion except Women Horse-boys Cow-boys and Soldiers at the rising out and Hostings all which may wear Mantles And that every body shall endeavour to learn the English Language and conform to the English Fashion c. XV. And that Benefices shall not be given to any that cannot speak English unless after four Proclamations in the next Market-Town to the Benefice on four several Market-Days a Person that can speak English cannot be got and that then an honest able Irishman may be admitted on his Oath that he shall do his utmost endeavour to learn the English Language and observe the English Order and Fashion and teach those under him to do the like and shall keep an English School in his Parish to that purpose c. XVI An Act for the Suppression of Abbies XVII An Act against transporting of Wool and Flocks XVIII An Act about the Proof of Testaments XIX The Act of Faculties prohibiting the Subjects from paying any Pensions Cences Portions Peter-pence or any other Impositions to the use of the Pope and extinguishing and suppressing them for ever and authorizing Commissioners appointed by the King to grant Faculties and Dispensations as the Archbishop of Canterbury may do in England by vertue of the Act of Faculties there which is made of Force in Ireland XX. That Poyning's Act be suspended pro hac vice XXI An Act for Limitation of Actions on Penal Statutes viz. That Actions in the King's Name be commenced within three years after the Offence and Actions Popular within one year XXII An Act for prostrating the Wares on the River Barrow c. XXIII An Act for uniting and annexing the Parsonages and Vicarages of Dungarvan c. to the Crown XXIV That no body presume to leaze Corn whilst there be any Stacks or Reeks of Corn in the Field And that every man that cannot keep his Child at School do at ten years of Age put him to Handicraft or Husbandry XXV That the Leases made or to be made by the King's Commissioners viz. Saintleger Pawlet c. shall be good and valid any defect of Inquisition or Office c. notwithstanding Lastly An Act for the first Fruits of the great Abbies and Monasteries c. which were not vested in the King by the above Act ch 16. But this Statute is become useless by a subsequent Act that gives all the Abbies c. to the King And these are all the Acts of this Parliament to be found in the printed Statute-Book which I do not pretend to have critically or exactly abridged because I think it necessary for every man that will be nicely instructed in any Statute-Law to read the Statute at large and not to trust to an Abridgment but I have endeavoured to give such an Historical Account of these Acts as may illustrate this Collection and give the Reader some Light into the Affairs of those times Nor must it be forgotten that many of these Statutes are made in the later Sessions of this Parliament Anno 1537. And besides these Printed Acts there was another Law made at this Parliament against Fosterings and Marriage with the Irish and it was thereby made Treason to marry with the Child of any Man who had not swore allegiance and entred into Recognizance to observe it but this severe Law was repeal'd 11 Jac. 1. cap. 5. But whilst the Nobility and Gentry were at the Parliament O Connor made use of the opportunity as he used to do and invaded the Pale his Fury lighted most on the Barony of Carbry in the County of Kildare which he preyed and burnt and to revenge it the Lord Trimletstown and the Vice-Treasurer Brabazon with such men as they could on the sudden get together made an Incursion into Offaly and in like manner wasted and destroyed that Country which obliged O Connor to return home as fast as he could Sir William Brereton was likewise sent to the Confines of Vlster to parly with O Neal who complained That the League made between the Lord Deputy Skeffington and him was not duly observed on the English side so after some Expostulations upon that Point the same Agreement was renewed and confirmed And about the same time the King to reward the City of Waterford for its Loyalty and firm adhesion to the Crown sent to that City a gilt Sword and a Cap of Maintainance But John Earl of Desmond being dead the new Earl James who was a very active or rather a turbulent man began new Disturbances in Munster but he was timely opposed by the Lord Butler who wasted his Lands in the County of Limerick and repair'd and Garrison'd the Castle of Loghguir and it seems that the Lord Deputy came to Kilkenny the twenty fourth of July and having adjourned the Parliament Lib. D. as aforesaid he came to Loghguir the last of July and the next day he went to Carrigonel and took it the second of August and they say for some private Advantage redelivered it to the former Owner on the sixth of August they marched to Bryans-bridge and took the Castles and broke the Bridge but by the improvidence of
indented with him That he should be Baron of Colthil and Castleton and have the Lands in Vpper Ossory granted to him at three Pound per annum And these Commissioners caused the Earl of Kildare's Estate to be surveyed Lib. H. and it amounted to eight hundred ninety three Pound eleven Shillings and eight Pence half Penny per annum which was a mighty Revenue in those Days And in the latter end of the Year viz. the twenty second of February the Earl of Ossory was restored to the Title of Earl of Ormond which was afterwards confirmed to that Noble Family by Act of Parliament anno 1541. On the twenty fifth of July 1538. 1538. the Lord of Trimletstown who was also Lord Chancellor departed this Life and in his stead Sir John Allen Master of the Rolls was first made Lord Keeper of the Great Seal by the Lord Deputy and Council and afterwards on the eigteenth Day of October was made Lord Chancellor by the King In the mean time in the beginning of May the Lord Deputy marched from Trim to pursue O Reyly but he prevented it by his Submission And thereupon the Deputy marched against Savage a degenerate Englishman into Ards and Lecale and there he took Mac Genis his Castle of Dundrum and seven Castles more and wasted and preyed all that Country and which was worse he burnt the Cathedral Church of Downe and defaced the Monuments of the Saints Patrick Bridget and Columbus and committed many other Sacriledges And about the same time Images were every where defaced or taken away and particularly the famous Image of the Blessed Virgin at Trim was burnt and the Oblations and Treasures which many superstitious Votaries had offered there were also taken and carried away And it seems That whilst the Lord Deputy was engaged in the North O Connor on the one side and O Toole on the other fell upon the Inhabitants of the Pale and committed what Robberies and Depredations they pleased and returned Home without Loss But when the Lord Deputy came back and understood what they had done he resolved to be revenged of O Connor and immediately invaded Ophaly and took the Castles of Braghnal and Dingen And in his Letter to the King of the twelfth of August he writes That he forced O Carol and O Magher to give Hostages and that O Carol paid him three hundred Marks to redeliver his Son and desired to take a Patent from the King for his Country but it is not fit to grant it to him because he is False And that the English do now so well understand the Irishmen and Country that if the King will send them Mony they will manage the Irish as he Pleases And in his Letter of the twenty first of March he acquaints the King That Brian O Connor submitted in the open Fild and that he pursued Cahir O Connor until he forced him to come to Dublin to make his Submission there In the mean time the Reformation of Religion went on but very slowly in Ireland for although Archbishop Brown was very zealous for it yet the Primate Cromer was as industrious against it as will appear by the following Letter from Archbishop Brown to the Lord Cromwel Right Honourable and my singular good Lord I Acknowledge my bounden Duty to your Lordships Good-Will to me April 8. 1538. next to my Saviour Christ's for the Place I now possess I pray God to give me his Grace to execute the same to his Glory and his Highness's Honour with your Lordship's Instructions The People of this Nation be Zealous yet Blind and Vnknowing Most of the Clergy as your Lordship hath had from me before being Ignorant and not able to speak right Words in the Mass or Liturgy as being not skilled in the Latin Grammar so that a Bird may be taught to speak with as much Sense as several of them do in this Country these Sorts though not Scholars yet crafty to cozen the poor Common People and to disswade them from following his Highness's Orders George my Brother of Armagh doth under-hand occasion Quarrels and is not active to execute his Highness's Orders in his Diocess I have observed your Lordship's Letter of Commission and do find several of my Pupils leave me for so doing I will not put others in their Livings till I do know your Lordship's Pleasure for it is meet I acquaint you first The Romish Reliques and Images of both my Cathedrals in Dublin took off the Common People from the true Worship but the Prior and the Dean find them so sweet for their Gain that they heed not my Words therefore send in your Lordship's next to me an Order more full and a Chide to them and their Canons that they might be removed Let the Order be That the Chief Governors may assist me in it The Prior and Dean have written to Rome to be encouraged and if it be not hindred before they have a Mandate from the Bishop of Rome the People will be bold and then tug long before his Highness can submit them to his Grace's Orders The country Folk here much hate your Lordship and despitefully call you in their Irish Tongue The Black-Smith's Son The Duke of Norfolk is by Armagh and the Clergy desired to assist them not to suffer his Highness to alter Church Rules here in Ireland As a Friend I desire your Lordship to look to your Noble Person for Rome hath a great Kindness for that Duke for it is so talked here and will reward him and his Children Rome hath great Favours for this Nation purposely to oppose his Highness and so have got since the Act passed great Indulgences for Rebellion therefore my Hopes are lost yet my Zeal is to do according to your Lordship's Orders God keep your Lordship from your Enemies here and in England And in May after he wrote the following Letter Right Honourable MY Duty premised It may please your Lordship to be advertized Sithence my last there has come to Armagh and his Clergy a private Commission from the Bishop of Rome prohibiting his Gracious Highness's People here in this Nation to own his Royal Supremacy and joyning a Curse to all them and theirs who shall not within forty Days confess to their Confessors after the publishing of it to them That they have done amiss in so doing the Substance as our Secretary hath translated the same into English is thus I A. B. from this present Hour forward in the presence of the Holy Trinity of the Blessed Virgin Mother of God of S. Peter of the Holy Apostles Archangels Angels Saints and of all the holy Host of Heaven shall and will be always obedient to the Holy See of S. Peter of Rome and to my Holy Lord the Pope of Rome and his Successors in all things as well Spiritual as Temporal not consenting in the least that his Holiness shall lose the least Title or Dignity belonging to the Papacy of our Mother Church or to
Election and had a Freehold of forty Shillings per annum the Town of Drogheda excepted was repealed and in lieu of it this Parliament enacts I. That Electors in Counties must have Freehold worth forty Shilling per annum ultra reprizas on pain of one hundred Shillings and that the elected in Counties Cities or Towns must be resident and the Sheriff shall forfeit one hundred Pound if he makes a Return contrary to this Act and the Party one hundred Pound more II. That on the Death Absence or Resignation of the chief Governour the Chancellor shall issue Writs to all the Privy-Counsellors in the Counties of Dublin Meath Louth Kildare Kilkenny Typerary Wexford Waterford Cork Kerry and Limerick and they being assembled shall chuse a Lay-man of English Birth to be chief Governour during the King's Pleasure and if no such Man fit for the Place can be got then the Council shall chuse two Lay Persons of English Blood and sirname to be Lords Justices to whom the Lord Chancellor shall administer the Oath and give Patents Note this Statute recites That the former Act already mentioned 10 Hen. 7. That in these Cases the Lord Treasurer should be chief Governour was repealed 13 Hen. 7. although the Roll be lost but whether it be so or not is not worth the Enquiry III. An Act touching mispleading and Jeofailes IV. That although all Estates are forfeitable for Treason yet because several of the Nobility lately created and others whom the King designs to enoble are very ignorant in the Knowledg of the Duty of a Subject they are the Words of the Act to the end they may not pretend Ignorance it is enacted That if any Person confederate with the King's Rebels against his Majesty or attempt any wilful War or Invasion against his Subjects or do transgress their Allegiance in any treasonable manner or do break their voluntary Pacts or Covenants made at the time of the King's Grant that then being convict thereof they shall forfeit all the Benefit and Effect of the King's Patents and for the time to come there shall be a conditional Clause inserted into every Patent to that effect V. An Act for the suppression of Kilmainham and other Religious Houses And in a 3d Session of this Parliament held at Dublin on Monday next after the Feast of All saints anno Dom. 1542 and 34 Hen. 8. it was enacted First That Meath be divided into two Shires viz. Meath and West Meath Secondly That Persons bound by Recognisance to appear in any Court shall be excused if they are in the King's Service and if their Recognisance be estreated they shall be discharged by Writ giving a new Bond for their Appearance at another Day And at another Session of this Parliament at Dublin the seventeenth Day of April 1543 it was enacted That the Castle and Mannor of Dungarvan should be united to the Crown And although all these Acts were Seasonable and very Good for that time yet there was not any one of them was of more Advantage to the Crown or that pleased the King better than that of making him King of Ireland for though it is manifest as the Act mentions that the Kings of England did always enjoy Regal Authority and Jurisdiction in Ireland under the Stile and Name of Lords yet the Irish did not pay that Reverence to the Name of Lord as they did to the Name of King or at least those that were traiterously disposed did make use of the distinction between Lord King Ware 161. to deceive and inveigle the Common People as hath been already related And therefore it being believed That this Statute would suppress and silence all those trifling Objections and Pretences there was exceeding Joy at the Publication of it in Dublin which was performed with great Solemnity at S. Patrick's Church in the presence of the Lord Deputy the Earls of Ormond and Desmond and others of the Nobility in their Parliament Robes and several of the Bishops and Clergy and the same Day a General Pardon was given to all Criminals and after much Feasting and Drinking and other Expressions of Joy the Ceremony was concluded with Bonfires And because some of these Laws were not practicable in Munster which was not so much inured to Civility as the Pale and those Countries near Dublin and where the use of the Laws of England except in some Cities and Towns where it was also much corrupted had been discontinued for almost two hundred Years The Lord Deputy and Counsel in magno Parliamento did publish certain temporary Constitutions Pro reformatione inhabitantium hujus Regni in partibus Momoniae qui nondum sic sapiunt Leges Jura ut secundum ea jam immediate vivere aut Regi possunt and they were notified to the Subject by way of Proclamation the twelfth of July 1542 and were as followeth 1. That King Henry be received and called King of Ireland 2. That Bishops may exercise their Jurisdiction in their Diocess according to the Law of God and the Canons 3. That Laymen nor Boys be not admitted to Ecclesiastical Preferments and that such as be in already shall be immediately deprived 4. That the Demesnes of Bishops and the Gleabs of Rectors and Vicars not exceeding ten Marks per annum be exempt and priviledged from Taxes 5. That all those who have Dignities or Benefices Ecclesiastical shall take Orders and Reside 6. That a General Peace be proclaimed throughout Munster and afterwards he that commits Murder or Robbery shall be fined forty Pound half to the King and half to the Lord of the Fee 7. That Larceny above the value of fourteen Pence shall be punished with the loss of one Ear the first time and tother Ear the second time and the third time with Death 8. No Horseman shall keep more Garsons or Boys than Horses on pain of twenty Shillings 9. That every Father shall answer for his Children Master for his Servants Gentleman for his Followers and Brother for his Brethren under his Tuition and shall give in a List of them 10. That every Kerne that has not a Master that will answer for him be taken as a Vagabond 11. That there be no more Exactions to maintain Horse or Foot or Kernes or to war against one another and that no more Coyne or Livery be taken but by the Deputies Order at a General Hosting 12. That nevertheless the Captain of the County must have the usual Contribution of the Country for the Publick and his own private Defence 13. That Petty Larceny be punished by a Fine of three Pound six Shilling and eight Pence whereof forty Shillings shall be paid to the Captain or Lord of the County and twenty Shillings to the Tanist si non est particeps criminis and six Shillings and eight Pence to the Informer 14. That no Man buy Goods above the Value of five Shillings from any suspected Person at his Peril if they prove to be stolen 15. Depopulatores
to repeal Poyning's Act shall be certified into England until first it be agreed upon by a majority of the Parliament of Ireland IX That the rest of the Kingdom be divided into Shires X. That no Wool Flocks Flax Yarn Sheep-Skins Goat-Skins Calve-Skins or Deer-Skins unwrought nor Beef Tallow Wax or Butter shall be transported until it pay the Custom in the Act mentioned and the petty Duties to Coporations in the Act likewise mentioned on the Penalties therein contained provided Prosecution be made within nine Months after the Offence committed XI An Act for the Impost on Wines XII That the Earl of Kildare's Brother and Sisters be restored in Blood The Parliament was Adjourned to the twelfth of May and then they met and Enacted 1. That Schools be erected in the Shire-Town of every Diocess at the Costs of the whole Diocess by the direction of the Bishop and the Sheriff and the chief Governor shall nominate an English School-master and appoint his Salary whereof the Bishop shall pay one Third and the Clergy the other two Parts the Bishops of Armagh Dublin Meath and Kildare and their Successors shall name English School-Masters for their respective Diocesses 2. That all Exemplifications under the Great Seal and the Seals of the King's Bench Common Pleas and Exchequer subscribed by the Lord Chancellor both Chief Justices and Chief Baron shall be as effectual in all Courts as the Original Record but it must contain a Clause that all those Seals are to it 3. An Act about the Standard of Measures for Corn. 4. An Act impowering the chief Governour and Council to grant Patents to such of the Irish as the Queen shall direct And then the Parliament was Adjourn'd to the fifth of December 13 Eliz. At which Session the Earls of Thomond and Glencar who had reconciled themselves to the State were present and the Parliament made five Acts of no great importance recited in the Statute-Book from pag. 267. to pag. 279. But whilst the Lord Deputy and the Parliament were endeavouring the Prosperity and Peace of Ireland by enacting good and wholsom Laws others were as busie to countermine them and to put all into Disorder and Confusion for some of the looser sort of the Irish Lords were distasted to that degree at the loss of their Captainries and Irish Extortions as also at the Impost on Wine that they resolved by force to rescind those Laws or at least prevent the execution of them and so making Religion their Pretence they confederated together James Fitz-Morris was the Bell-weather of this Flock and the Ringleader of all this Mischief he added to the general Grievances the particular Injuries done to his own Family by the imprisonment of the Earl of Desmond and his Brother Sir John and he inveigled the Earl of Glencar by telling him That the Queen was to be married to the Earl of Leicester and that thereupon the Lord Deputy who married that Earl's Sister was to be King of Ireland and when the Earl of Glencar was once engaged Mac Donogh and many more of the Cartyes came in of course and Fitz Girald commonly called Seneschal of Imokilly was as forward in this Rebellion as any of them and although Sir Edmond Butler who was Seneschal to his brother the Earl of Ormond and consequently hated all the Family of Desmond and had formerly pretended to serve against James Fitz-Morris Yet partly because he did not dare to appear before Commissioners sent by the Lord Deputy to Kilkenny to examine and redress the grievous Complaints made against him and partly for Zeal to the Catholick Cause and Fondness of the Irish Usurpations he sacrificed his private Resentments to the publick Concern and joyned with the rest of the Rebels The Confederates being resolved to make something of this Rebellion if it were possible sent the Titular Bishops of Cashel and Emly Hooker 130. and the youngest Brother of the Earl of Desmond as their Ambassadors to the Pope and the King of Spain to implore Aid and Assistance to rescue their Religion and Country from the Tyranny and Oppression of Queen Elizabeth But the Lord Deputy was not idle but assoon as he had notice of this Confederacy he proclaimed them Traytors and ordered Sir Peter Carew Governor of Leighlin to begin the War which he did and being accompanied by the Captains Malby Gilbert Basnet and others he took Sir Edmund's Castle of Cloghgriman and gave the Spoil to the Soldiers and thence he marched to Kilkenny and upon intelligence that three thousand Men were within three Miles of that City Sir Peter Carew sent Henry Davels to discover them and being satisfied by him that they were not above two thousand he resolved to attack them Captain Gilbert and Davels and twelve more began the Charge which was well seconded by Carew Malby and Basnet and the Success was accordingly four hundred Gallowglasses being slain without the loss of any English Man Captain Malby's Servant only excepted Not long after James Fitz-Morris besieged Kilkenny but both Garrison and Citizens behaved themselves so well that Fitz-Morris was fain to execute his Malice on the Country-Villages and smaller Towns and those he did not spare particularly he robbed old Falco Quiverford of Galan who had been Servant to three Earls of Ormond of two thousand Pounds in Money Plate and Houshold-stuff besides Corn and Cattel Another Party went to the County of Wexford and at a Fair at Iniscorthy committed most vile Outrages ravishing Women and killing or imprisoning every body they met with nor did the Queens County and Ossory fare any better The Lord Power 's Estate and the whole County of Waterford were in the same condition and even the very County of Dublin had its share of Desolation But the Confederates finding no Effects of their former Ambassy sent new Messengers to the Pope and King of Spain and also sollicited Turlogh Lynogh to procure the Aid of the Scots and were so diligent that nothing was left undone that might tend to subvert the Government and clear the Country of all English Men and English Laws The Earl of Ormond then in England troubled at the Disloyalty of his Brethren offered his Service against them and undertook to reclaim them by Perswasion or Force and to that end he arrived at Wexford the fourteenth Day of August being the very Day of the aforesaid Fair at Iniscorthy I should have mentioned That Sir Warham Saint Leger was anno 1566 made President of Munster and now the Lord Deputy having notice that Sir Warham's Lady was in her Husband's absence much distressed at Cork and daily threatned by the Irish he resolved to march that way to relieve her and with six hundred Men only he set out from Kilkenny and came to Clonmel and thence he sent to Waterford for a few Citizens for three days to assist him in his Passage over the Mountains but that City obstinately insisted upon its Privileges and refused to send any Men however Mr. Wise
charge for Gallowglasses number and time certain viz. Meat and Drink one day in a Fortnight Soroheen more was an equivalent for the other in Quirrens of Butter and Srones of Oatmeal South alias Tax or Tallage is a Contribution towards the payment of the Lords Debts or any other extraordinary occasion vide Cuttings Stanihurst a Treatise in Latin of the Conquest of Ireland by Richard Stanihurst Sullevan the Catholick History of Ireland written in Latin anno 1621. by Philip O Sullevan Siurirupes Carig ni shure alias Carrick in Com' Typerany T. Termon-lands are Lands belonging to the Church and were priviledg'd from Taxes and it seems the Termon was the Clergy-mans Tenant or Servant Turbarii Kernes Irish Foot-Souldiers lightly arm'd Tagh of Land is 60 acres Tuethia the Territory of Mac Swiny na doo in Com' Donegall Tirconell the County of Donegall Tybrach a Castle within two miles of Carrig and not Typerary as is by mistake supposed pag 40. Trowses are Britches and Stockings made to sit as close to the Body as can be Tate is sixty Irish acres V. Vriell is the County of Louth Vallis Juncosa Slevelogher the Mountain between the Counties of Cork and Kerry W. Ware Sir James Ware 's Annals of Ireland Ware de Presul the same de praesulibus Hiberniae Ware de Antiq. the same de Antiquitatibus Hiberniae ERRATA APparatus pag. 1. read 150 of the same miles broad p. 26. read Squaleing Engine Pag. 9. line 16. read irrita p. 11. l. 24. r. Birne p. 13. l. 11. r. next day p. 18. l. 41. r. inheritance p. 20. l. 28. r. Army was p. 23. l. 7. r. Tuam p. 27. l. 35. r. extirpate p. 37. l. ult r. and he without delay p. 44. l. 33. r. extraordinary p. 52. l. 44. r. Combatants l. 46. r. Nor the strong p. 57. l. 2. r. beholding to Ireland p. 63. l. 3. r. fideli p. 69. l. 38. r. Carbry p. 73. l. 46. r. and tho' the Britton had p. 109 l. 23. r. by methods p. 111. l. 20. r. Lucy p. 117. l. 7. r. and the King by his Patent p. 121. l. 17. r. Custodium p. 129. l. 5. r. and wounded the Earl p. 153. l. 34. r. Athy p. 157. l. 34. r. Heir Male p. 183. l. 21. r. Xeesh p. 190. l. 15. r. from his Journey p. 200. l. 16. r. in the world p. 208. l. 16. r. Clogher p. 211. l. 39. r. blows p 213. l. 19 r. repostum l. 42. r. James p. 234. l. 8. r. sixteen hundred p. 260. l. 9. r. quieted p. 261. l. 1. r. Finin O Driscoll l. 37. r. at four p. 271. l 40. r. if they prove p. 321. l. 43. r. 1565. p. 324. l. 5. r. Alexander Oge p. 325. l. 3. r. by Affane p. 329. l. 13. r. offenders in Parliament p. 367. l. 43. r. Thomas Butler alias Becket p. 368. l. 18 r. combat p. 370. l. 8. r. at wars p. 399 l. 30 r. aspersions p. 417. l. 20. r. gap p. 418. l. 19. r. root p 420. l 8 r. at loose fight p. 421. l. 15. r. O Birnes p 422. l. 9. r. figary l. 31. r. he deposed p. 425. l. 30 r. Barret l. 44. r. hereupon p. 426. l. 32. r. disown'd a Truce I do hereby License a Book written by Mr. Richard Cox intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland to be Printed and Published Given at the Court at Whitehall the 18 th day of February 1689-90 Shrewsbury Let this Book intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland be Printed Nottingham Febr. 18. 1689-â—â— HIBERNIA ANGLICANA OR THE SECOND PART OF THE HISTORY OF IRELAND From the CONQUEST Thereof by the ENGLISH To this Present Time By the Author of the First Part. ΕΙΚΩΠΒΑΣΙΛΙΚΗ 61. Indeed that Sea of Blood which hath been cruelly and barbarously shed in Ireland is enough to drown any Man in eternal both Infamy and Misery whom God shall find the malicious Author or Instigator of its Effusion Earl of Clarendon against Cressy 71. Was not the Rebellion begun and carried on by the King's Roman Catholick Subjects Was there one Man but Catholicks that concurr'd in it And did they pretend any other Cause for it but Religion In the SAVOY Printed by Edward Jones for Joseph Watts at the Angel in St. Paul's Church-yard Matthew Gillyflower in Westminster-hall Charles Harper in Fleet-street and Samuel Crouch in Cornhill MDCXC TO THE KINGS Most Excellent MAJESTY GREAT SIR IT is noted by the Lord Bacon in the Life of the Wise and Victorious Prince King Henry the Seventh That it was his Custom to be First or Second in all his Warlike Exploits and that it was his Saying when he heard of Rebels That he desir'd but to see them What Your Majesty has lately published to the Two Houses of Parliament is of the same Spirit and Policy But This is not the only Parallel between Your Majesty and that Great King for He also came from Abroad yet with this Distinction that His Coming was only to assert his Particular Claim whereas the Coming of Your Majesty was of Vniversal Concern it being to free us all who were at the Brink of Idolatry and Bondage To whom then GREAT SIR should I Dedicate this Second Part of the History of Ireland but to Your Majesty who now Dedicates Your Self to the Redemption of Ireland and being thus far in Possession of the Subject I am already preparing to Record all Your Majesty's Glorious Atchievements and am in certain expectation of a greater Theme than ever that Kingdom could hitherto boast 'T is true Your Majesty hath herein the Power of Two Kings to Oppose but 't is no ill Symptom that by what you have already done the One of them has been constrained to send his Plate and the Other his Cannon to the Mint Nor ought we to think better of Irish Armies or Irish Courage than is thought by those who judge Both well paid for when but rewarded with Copper 'T is certain The Bulk of that Nation are already surfeited with the Stratagem of that Imaginary Coin they feel the Fruits of contending for a French Interest by the Slaughter Sickness and Defolation of the Year past so that 't is possible Humane Nature may at length be too hard for the Priest and the Politician too and that when by Your Majesty's Presence they behold their Ruin at hand they may give more Exercise to Your Mercy than to Your Sword It was truly observed by Your Majesty in Your late Gracious Speech That in the speedy Recovery of Ireland the Place and Honor of England did consist and that hereby alone Taxes could cease So that as Your Majesty is now willing to expose Your Person for those Great Ends 't is not to be feared but the Nation will second Your Majesty with such Royal Supplies as may make it a short and not a lingring Work for not only in This but
this Contention was drown'd in 1618. upon which his Lady brought her young Son over from Ireland whither he had been carried at the Age of Three years and now he was about Nine She put him to a Private School under a Roman Catholick but by Order of King James he was removed to the Archbishop of Canterbury's Doctor Abbot and by him he was wholly maintain'd for Five or Six years without any Pension from Court or possibility of Help from home where all was sequestred and deprest By him also was he first instructed in the Protestant Religion and in the Doctrine of the Church of England unto which he stuck fast to his Death In 1628. his Grace was at Portsmouth to take Share in the Expedition then preparing for the Relief of Rochel but the sudden Death of the Duke of Buckingham put him upon other Measures for in a while after he married the Lady Elizabeth Preston which ended and reconciled the long Contentions of the Family This Lady was by the Marriage aforementioned the only Child of the said Earl of Desmond who being also lately drown'd she fell in Wardship to King Charles the First and His Majesty bestowed the Wardship upon the Earl of Holland then Lord Chamberlain She was intended for a Nephew of the Duke of Buckingham's which drew him into that Partiality and his Grace was in particular forbid by His Majesty to pretend unto His Ward However the young Lady saw none in the whole Court who either for Beauty or for Parts could outshine her Kinsman And Both being agreed he was forced to pay down Fifteen thousand Pounds to the said Earl of Holland for her Wardship These were all the Favours that either he or his Family could then meet with in the Court of England So hastning with his Lady to Acton near Bristol and there staying about a Year with his Uncle Sir Robert Poyntz he went for Ireland at the end of 1630. soon after which as the Manner there was he purchas'd a Troop of Horse in the Standing Army The Lord Wentworth afterwards Earl of Strafford went over Lord Deputy in 1633. In a while after he call'd a Parliament which being appointed to meet within the Castle of Dublin a Proclamation issued That none of the Members either Peers or Commons should enter with their Swords All obey'd the Order save this young Lord who told the Black Rod at the Door He should have no Sword of his except in his Guts So being the only Peer who sat that day in defiance of the Proclamation it fired the Lord Deputy as not wâ—nt to be disobey'd His Grace was call'd upon in the Evening to answer for it who thereupon shew'd His Majesty's Writ calling him to Parliament Cinctus cum gladio which sort of Answer being not expected and finding him like to prove an untractable Companion it was in deliberation that Night between the Lord Deputy and his Two-Friends Sir George Ratcliff and Mr. Wandesford Whether to trample him quite under foot or to oblige so daring a young Man who was now also grown very Popular But Sir George being for the more benign Extreme he was taken into Favour caress'd and made one of the Privy Council No Opportunities were from that time forward omitted to oblige him or set him forth in a high Character to His Majesty So that in the Year 1639 the Lord Lieutenant made him Lieutenant General of the Horse in the Army which was then newly rais'd but as soon disbanded Upon the neck of this the Earl of Strafford fell into those Troubles which in May 1640. hurried him to the Scaffold But the Earl having heard with what vigour his Grace contended to oppose and overthrow these Accusations which came against him from the Parliament of Ireland as it was the last Request this Earl made to His Majesty That he would be pleas'd to bestow his Blue Garter upon his Grace so in June following his Grace had notice of His Majesty's Gracious Intentions to confer it accordingly The Earl of Leicester was at this time appointed to be Lord Lieutenant of Ireland tho' by some Accidents he never went over It was on the 23d of October 1641. that the Rebellion broke out the News whereof being brought to His Majesty then in Scotland His Majesty does by Letter to his Grace from Edinborough of the 31th of the same Month lament that Calamity and desires and presses his Grace to take on him to be Lieutenant General of the Army This was in effect by Necessity thrown on him even before that Command cameâ— but in May 1642. it came to him in Form by Commission from the Earl of Leicester as General In August after His Majesty being at Nottingham where He set up His Standard sent his Grace a Patent for the Honor of Marquis and in September following His Majesty by the Advice and Consent of the Lords Justices appointed him to â—old the said Command of Lieutenant General immediately from Himself by Patent under the Broad Seal It was by these Steps that his Grace came suddenly to be embark'd in a Course of Life to which he was utterly a Stranger He had not had the Means for Travel or ever seen War either abroad or at home He was made a General before he was a Soldier His very first Essay was to oppose a bloody Rebellion then newly broke out And how far he was able by a vigorous Body and the vivacity of his Parts and a boundless Zeal for the Crown to discharge and sustain that Trust or how he bore up in all those Vicissitudes of Exaltation and Banishment of Plenty and of Want of Dignity and Depression which did in the Course of about Fifty Years after so often befal him may prove Matter for a larger Place The last who manag'd the Sword of State was the Marquis of Clanrickard who was also an English Peer and Earl of St. Albans He was the First Roman Catholick that had been entrusted with the Chief Government since the Reformation But the Irish were come to that pass as not to endure a Protestant to be over them and so this brave Gentleman was deputed by the Marquis of Ormond to take his Place And tho' his Religion was pleasing to the Irish yet the King's Authority wherewith he was clothed was by no means acceptable to them that design'd to shake off the Yoke of England and therefore they proved as troublesom and refractary to him as they had been before to the Lord Lieutenant So that after Two Years vexatious Agitation amongst them and after he had in vain tried all ways to support the sinking State he laid down Arms and had Liberty to retire into England where he died He was a Person of sound Understanding and unblemish'd Loyalty and did from the beginning abhor their Courses towards the English And altho' the Nuncio and the Clergy made frequent Trials to seduce him from his Integrity yet being evermore fixt in his Principles he resisted all
and other the Contents of their Petition His Majesty replyed It needed not any more than to prove the Sun shines when we see it The next Objection is The Eight Question That the Lords of the Pale and the Earl of Castlehaven in particular were necessitated for their own safety to joyn with the Rebels Vindiciae Catholicâ—â—â— 3. finding no Protection from the Government for the Lords Justices might easily have suppressed the Insurrection at first but they desired it might encrease that so there might be more Forfeitures But this is Gratis dictum and without Foundation as appears not only by the Commissions and Arms given to several Lords of the Pale which they perfidiously abused to the prejudice of the State Temple 33. and by the Lords Justices design to Arm all those of the Pale if need were but also by the very instance of the Earl of Castlehaven for tho' the Lords of the Pale went into Rebellion the Second of December yet he lived quietly at his House at Madingston many Months afterwards as himself Confesses and 't is certainly true that even he and the Marquiss of Antrim who was at his house came down to the English Army near Killcullen in March after to visit the Earl of O rmond and was kindly received by him and some few days afterwards being Victorious at the Battel of Killrush Castlehaven treated him at Madingston and mutual Civilities passed between them And about the same time he had such Correspondence with the State that he took upon him to intercede for the Lords of Gormanstown Slane and others so that he might have been safe enough if he pleased and was not under any necessity to go out into Rebellion as he afterwards did And tho' I believe that this Lord was not in the first Conspiracy yet it will appear by what has been said in the Answer to the former Objection that most of the other Lords of the Pale were nor indeed could the Irish have undertaken the Rebellion without them for they were not able to carry on the War by themselves P. W. Remonstrance 595. without the Assistance of the Old English for as Peter Welsh very well observes It is well known that the Irish never signified any thing considerable in any of their Vndertakings and had been presently crushed in this if the English Colonies had not joyned with and supported them But whoever frames an Idea of those times in his own thoughts and reads the passionate Letters of the State for Succours cannot conceive any thing so ridiculous as that the Lords Justices delighted in those sad Spectacles of misery which daily flocked to Dublin or in the report of the most barbarous Inhumanities every day committed on their Friends and Country men but above all the continual Danger they were in themselves and their disadvantage and loss by the Rebellion do sufficiently vindicate them from endeavouring to make this Rebellion more general and formidable than really it was But what did the Lords Justices get by this Rebellion or did they Act or send any dispatch without the Council or did they not importune Aid from England even to the degree of being troublesome or did they not ask enough to make a speedy end of the War or had they a Free-hold in their Places or an unconroulable Power while they held them or what solid Foundation is there for all the Clamour that the Irish have made in this Case against the Lords Justces The Ninth Question The Ninth Question will be whether King Charles II. upon his Restoration stood obliged by the Articles of the Peace made Anno 1646. or the other Peace made Anno 1648. because the Lords Muskery Taaf and others did not faulter in their Allegiance from that time forward and therefore could not forfeit the benefit of those Articles To which I Answer That the Peace of 1646 cannot come in Dispute not only because the Congregation of the Popish Clergy at Waterford did publickly declare against it and Limerick Waterford and Clonmel c. never received it and the Irish Armies perfidiously broke it by indeavouring treacherously to intercept the Lord Lieutenant near Kilkenny and afterwards actually besieging him in Dublin but also because the general Assembly the proper Representative of their Party and Nation did publickly disown and reject that Peace by their Declaration recited Appendix 36. And as for the Peace of 1648. it was made with a Society or a Confederate Body and not with particular Persons and if that Society hath no Right to the benefits of that Peace it is certain that no particular Person can have any because his Claim and Title to it is as he is a Member of that Body Politick and his Case is the same with that of an innocent Freeman in a Corporation whose Charter is forfeited However this Body Politick or Imaginary is composed of particular Men and may forfeit its whole Right by the fault of some of its Members for malum ex quocunque defectu but if the greater part be Guilty there can be no ground for a doubâ— This being Premised it appears by the 29th Article That the Confedrates and their Garisons Towns and Forts were to be Commanded Ruled and Governed in chief upon occasion of necessity as to Martial and Military Affairs by such as the Lord Lieutenant should appoint But this Clause of that Article of the Peace was entirely violated by the Towns of Wexford Ross Waterford Clonmel Limerick and Galway even to the degree of depriving his Majesty of all the benefits and advantages he expected from this Peace and at length to the loss of the whole Kingdom Secondly Those Towns were to be restored to his Majesty whenever the Articles of the Peace were performed on his Part but the Confederates by their own Fault and their own Act gave them up especially Limerick and Galway to the Kings Enemies These were the Jewels his Majesty bought so very dear and yet the Confederates are so unreasonable to expect the Price without delivering the thing contracted for And if they Reply That those Towns were forced from them and without their fault yet that if true as it is not would not Entitle them to the benefits of the Peace For if a Man sell Land and it be evicted from him before he delivers Possession no Body will say he has Right to have the Purchase-Money from the Buyer and yet that is a parallel Case Nor have the Confederates the least Spark of Equity on their side because they might have surrendred the Towns to their King and ought to have done so but they neither did that nor submitted to his Authority as far as they had promised and therefore since they did take upon them to keep these Towns it is certainly at their Peril if they lose them Thirdly They did dissolve and renounce this Peace and the Kings Authority which is the first and chiefest Article tho' placed by way of Introduction for the
Three pence per Pound for other Goods due by Common Law But the Irish were very uneasie at the Plantation of Ulster and therefore it was necessary to countenance and protect it with an extraordinary Militia in that Province to support the Charge of which the King 1611. on the 22th day of May instituted the Order of Baronets which was to be Hereditary and not to exceed the number of Two hundred and every of them upon passing the Patent was to pay into the Exchequer as much Money as would maintain Thirty Men in Ulster for Three Years at Eight pence a day But if the Reader desires to know more of this Order I must refer him to Selden's Titles of Honour pag 822. and 909. and The Present State of England pag. 289. and Sir Richard Baker's Chronicle ad Annum 1611. But there had not been a Parliament in Ireland for Seven and twenty Years past since the Twenty seventh Year of Queen Elizabeth's Reign so that it was high time to call one now and the Ministers of State were at work to manage that Matter to the advantage of his Majesty and the English Protestant Interest in that Kingdom which they foresaw would be oppos'd with might and main by all those of the Popish Party and therefore they propos'd that an Order should issue for every Parliament-man to take the Oath of Supremacy and that the Lords should declare their Suffrages openly Content or Not content as in England and not rise and whisper in the Lord Chancellor's Ear as was the Custom in Ireland and that the King should find some Pretence to send for some few of those Noblemen that would most briskly oppose his Intentions as Henry the Eighth had formerly done and particularly that the Lord Courcy might not be suffered to sit in the House because his Ancestors were called by Writ and so his Honour being in Fee-simple did descend to Daughters who were Heirs-general of his Family and that the Lord Shrewsbury's Titles of Honour in Ireland were not * Contra adjudg'd 4. Inst cap. Ireland forfeited by the Act of Absentees and therefore he might have a Voice in that Parliament or make his Proxy and that for the Credit of the Business the Lord Deputy might be Ennobled before the Parliament sat But some of these were not practicable and the rest not thought fit to be done at that time But I must not forget to take notice of a necessary Office in those days tho now it be obsolete viz. the Interpreter to the State which was enjoy'd by Thomas Cahill with an Annual Sallary of 26 l. 6 s. 8 d. In September the Lord Deputy published a Proclamation of the intended Parliament and thereby invited the Subjects to exhibit their Grievances and to consider of Proposals for the Publick Good to be past into Acts and he also signified his Majesty's gracious Intentions to erect some new Corporations for the better Encouragement of the Plantation of Ulster And it seems that the Government was thenceforward imploy'd about the Plantation of Ulster and the Preparation of Bills to be past in the approaching Parliament and in erecting of some new Corporations viz. Belfast Charlemont Aâ—trim Bandon Cloghnikilty Tallow Newry Lifford Donegall Ballyshanon Tâ—â—am Eniskilling Traly Athy Bi r Kilmallock c. The Bills that were design'd to be made Acts of Parliament were 1. An Act to cut Paces and mend High-ways 2. To extinguish Uses and suppress fraudulent Conveyances 3. That Sale in Market overt should not alter Property of Stolen Goods 4. For the Enrolment of Deeds of Bargains and Sale and for Conveyance of Land 5. To try Accessories in Foreign Counties 6. To reduce Peremptory Challenges to Twenty 7. To enable Tenant in Tail to make Leases 8. To deprive some Criminals of Benefit of Clargy as in England 9. For making Linen Cloth sowing Hemp and Flax. 10. For Trial of Pyrates 11. To Re-edifie Cathedral Churches and to remove some of them to Gallway Dingle Carigfergus Newry Wexfoâ—d Cavan c. 12. To restrain Ecclesiastical Persons from Alienating c. 13. Against Pluralities Non-residence or Simony 14. Against Receivers and Harbourers of Jesuits Serminary Priests c. 15. And sending Children beyond Seas 16. Against Idle Holy-days 17. To expeâ— Monks Friarâ— Nuns c. 18. To give the King all Chantries and other Superstitious Uses 19. To establish the Compositions 20. For the Attainder of the Earls of Tyrone Tytconel and others 21. To revive and perpetâ—ate the Impost of Wines 22. To Naturalize Manufactures 23. To resume all Immunities to Corporations from Customs 24. That those Attainded of Treason in England shall forfeit their Estates in Ireland 25. An Act of Recognition 26. To abolish the Brehon Law and Tanistry and Irish Exactions 27. Artificers Apprentices to be Free-men in any Corporation 28. Against Idlers and Vagabonds 29. The Barony to answer the Stealth unless they can track it farther 30. That Bastards take the Name of the Mother and that it be Felony to lay it to any Man 31. No Man to keep a Woman as a Wiâ—â— and turn her away at pleasure on pain of One Years Imprisonment And if any Authorized Priest do divorce it to be Felony 32. Against Usury above Ten per Cent. 33. To impower Judges of Assiâ—â— to raise Taxes for Court-houses and Goals But in November 1612 1612. the Popish Lords dissatisfied with these Proceedings wrote a joynt Letter to the King complaining that the Bills to be passed in the next Parliament were not Communicated to them they also complained of the new Corporations and that the Oath of Supremacy was tendered to Magistrates and they insinuated the Danger of a general Revolt and concluded that if the Laws about Religion were repeal'd a firm and faithful Subjection would be established in their Minds and on the 17 th of May 1613. the Popish Lords did Petition the Lord Deputy to the effect aforesaid adding nevertheless some stubborn and unseemly Expressions and questioning the Kings Prerogative in erecting new Corporations or calling by Writ new Lords to Parliament and they affirmed some of the new Burroughs were unfit to be incorporated and they excepted against the Castle of Dublin for the place of Session and the rather because the Ammunition being there they might be in Danger of being blown up and they were troubled at the Lord Deputies Guard as that which they said was design'd to keep them in Awe and terrifie them into Compliance But these were but vain Pretences Lib. C. for they well enough knew that the Guard was but 100 Men as was usual and Customary and that it was impossible to blow up the Papists but that the Protestants also and perhaps the City of Dublin must have likewise been destroy'd on the contrary the Papists were so far from being afraid that they were very tumultuous and came to Dublin in vast numbers to frighten the Government The Lord Gormanstowne was amongst the most Seditious and unruly
Name of THE CASE OF TENURES and was excellently reported in Print by Baron Barry afterwards Lord Chief Justice of Ireland and Baron of Sautry This Grand Inquisition was counted so great a Master-piece of the Lord Deputies and so beneficial to the King and advantagious to the English Interest That some Persons who went to England to complain of it were there not only discountenanced but imprison'd and afterwards sent back to be dealt by as the Lord Deputy should think fit which it seems produced their Submission And not long after the Lord Deputy having first received Orders to Grant the Impropriations belonging to the King to the use of the Clergy and to Grant to Trinity Colledge near Dublin Lands equal in value to the Pension they had from the Crown of 388 l. 15 s. per Annum went to England to give his Majesty a Triumphant Account of his glorious Successes in Ireland which he performed to Admiration First to the King in a private Audience and afterwards publickly at the Council-board He there told the King and Council That he had found the Irish Exchequer of Paper but he had made it of Treasure and that he had not only improv'd the Patrimony of the Church of Ireland but had also brought it to be Conformable to that of England both in Doctrine and Government by the Acceptance of the Thirty Nine Articles there That before his going to Ireland the Lord Justices wrote That the Expence exceeded the Income 24000 l. per Annum and they had no ways to raise it but by the Levying Nine pence a Sunday on Papists for not coming to Church but that now it was far otherwise without that Persecution And he advis'd That the Army should rather be encreased than diminshed it being an excellent Minister and Assistant in Execution of the Kings Writs and the great Peace-maker between the British and the Natives and the best security of past and future Plantations That by the Statutes of Wills and Uses there will more advantage arise to the Crown of England than by the six Subsidies because thereby the insant Heirs of all great Families in the Kingdom will unavoidably come under the Guardianship of the King whereby they will be bred Protestants and of what Consequence this Superintendency is doth in part appear in the Person of the Earl of Ormond formerly the Kings Ward who if bred under the Wing of his own Parents had been of the same Affections and Religion with his other Brothers and Sisters whereas he is now a firm Protestant and like to prove a great and able Servant to the Crown and a great Assistant as well in inviting others to be of his Religion as in the Civil Government it being certain That no People are more apt to be of the Religion of their great Lords than the Irish are That by the Statute of fraudulent Conveyances the Irish are prevented in their cunning Disigns by secret and sleeping Conveyancies so that the King will have his Forfeitures and Wardships and the English be encouraged to purchase of them That before his time the Pirates infested the very Harbours and a Ship was fired by them in the Port of Dublin in sight of his Majesties Castle and the Pirates were robbing the Ship two days together without opposition the Reason was because our Sea-guard for want of Money did not come till August before which time the mischief was done but now they are well Paid and come in March and that now the Exportation is double to what is imported into the Kingdom That he discourag'd Woollen and encourag'd the Linen Manufacture and had sow'd 1000 l. worth of Holland-Flax Seed and set up six or seven Looms and doubts not Success because the Irish can under-sell France or Holland Twenty per Cent. And then he laments That the English of Ireland are treated as Aliens First In the Imposition of 4 s. per Tun on Coal Secondly In the Prohibition to transport Horses or Mares hence without excessive Custom Thirdly In the Imposition of 3 s. and 4 d. per Head for every live Beast exported thence and afterwards he procur'd a Privy Seal to supersede these pro tempore Lastly That tho' he was represented more like a Basha of Buda than the Minister of a Pious Christian King yet severity was not natural to him but assumed because it was necessary for the Restoration of a Despoyled Crown Church and People from the Claws of those that had been used to the Paths of an uncontroled Liberty and Oppression But to proceed ADAM LOFTUS Viscount ELY 1636. Sir CHRISTOPHER WANDESFORD Master of the Rolls were Sworn Lords Justices on the 3d. day of July 1636. and immediately some Fryars notwithstanding the former Proclamation had a publick Meeting and passed unpunish'd for the Lord Deputy wrote over That he held it not convenient to rub upon that Sore till they were provided for a thorough Cure These Lords Justices had Orders to call upon Corporations for a return of their pretended Priviledges to issue Money to finish the Fort of Galway to suspend the Lord Courcyes Pension to quicken the Admeasurement in Conaught and not to let any Soldiers be Transported But on the 23d of November THOMAS Viscount WENTWORTH returned Lord Deputy and then the aforesaid Case of Tenures was argued but the Judgment That the Letters Patent were void Husbands Collections 2 Part 245. did so Alarm the whole Nation that it was found necessary to delay the Execution for a time and afterwards Anno 1640. on private Conference with the Irish Committee then in England for it was not made an Article amongst the Grievances publickly complain'd of the King quitted the benefit and advantage thereof and so the vast Expence of this Grand Office and Inquisition which amounted to at least 10000 l. was in effect lost and this terrifying Bug-bear did not add one Acre to the Possessions of the Crown nor one English Plantation to the Kingdom as was at first design'd In the Year 1636 1636. John Atherton was preferred to the Bishoprick of Waterford and Lismore by a Symoniacal Contrivance as was believed says the Writer of Bishop Bedells Life pag. 144. but that is not probable because that Bishoprick was then so Poor that it was too small a Temptation to so great a Sin it is more likely that being a bustling Man of active Parts and a bold Spirit he was thought a fit Instrument of State to promote some Designs that were then on Foot and as proper for the Recovery of the ancient Possessions of his See as any Body that could be pitcht upon and accordingly we find him a fierce Adversary to the Earl of Cork and a severe Prosecutor of the Bishop of Killalla which last nevertheless lived to be his Successor And tho' Atherton did answer the Expectation of his Benefactors for a time yet his Tragical end by the hands of the Common Executioner on the 5th of December 1640. for a Crime
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
the last Six years over and above 3 d. per Pound Impost and that he had the Consent of the principal of the Council and the Approbation of his Majesty who consented to an Act of Parliament for the Confirmation of it that the Council Sign'd the Proclamations and if any were Pillory'd Whipt c. it was for Perjury or like Crimes and the Fines were only in terrorem little of them being Levied and concludes that he is no Gainer by that Monopoly The Thirteenth Article was That he also Monopoliz'd all the Flax of the Kingdom by his Proclamations of 31st May 12 Car. 1. and 31st January in the same year prescribing and enjoyning Rules and Methods of making Yarn and Thread which the unskilful Natives could not Practise and ordering all Linen Yarn and Thread made in any other manner to be seized which was accordingly executed with Severity whereby multitudes were undone and many Starved To which he Answers That what he did was to incourage the Linen Manufacture in Ireland and to â—â—â—ing the Irish to a more Artificial way of making Linen Yarn Thread and Cloth that the Council concurr'd in the Proclamations which are Temporary Laws in Ireland and that he was a Loser of 3000 l. by this Project for the Good of that Country that the evil Consequences if any were Collateral and Accidental and that the misdemeanors of inferior Officers could not be Charged on him That he never used more than 400 l. worth of Yarn in a Year which could not undoe much less Starve such multitudes as they pretend The Fourteenth was That he impos'd a new Oath to make true Invoyce c. on Masters of Ships c. but the Managers declin'd this Article The Fifteenth was That he Arbitrarily impos'd Illegal Taxes on the Towns of Bandonbridge Baltimore Tallow c. and Cessed Souldiers on them till they paid them and by force of Arms expell'd Richard Butler from Castlecumber and imprison'd several of the O Brenans and their Wives and Children until they surrendred and releas'd their Rights and Estates To this the Earl Answers That when the Country granted the King 120000 l. in Nature of a Subsidy it was agreed between the Lord Deputy Falkland and Them that it should not be entered upon Record but be Levied by Captains by Paper Assignments by Warrant from the Lord Deputy and so it was done and the Money levied on Bandon c. was Arrears of that Contribution and it was levied without Force and that Castlecumber was Legally evicted and what Soldiers were sent there being but twelve were sent to Guard Mr. Wandesford's House against Tories but used no Force to Mr. Butler or any quiet Subject and that it was usual in Ireland to lay Soldiers on Delinquents The Sixteenth Article That he procured his Majesties Order 17th February 1631. that no Complaint should be received in England about Irish Affairs until it were first made in Ireland to the Lord Deputy and that by Proclamation of the 17th of September 11 Car. 1. All Persons that had Estate or Office in Ireland except such as had imployment in his Majesties Service in England or attended there by his special Command should reside in Ireland and not depart without Licence whereby People are hindred from complaining against the said Earl And One Parry hath been punish'd for so doing To this he Answers That it was by him and the Council conceived fit to prevent unnecessary Clamours here but that he never denied Licence except to the Lords of Cork Mountnorris and Roch because there were Suits against them in the Castlechamber and to Sir Frederick Hamilton by the Kings Command which was taken off when he knew the Design of his Voyage was to complain against him and to Lord Esmond for a short time because he was Major General of the Army and he saith that Parry was punish'd for other Misdemeanors by the Consent of the whole Council The Nineteenth was Rushw 494. That by Proclamation of May 20. 1639. he imposed a New Oath viz. I N. do faithfully swear profess and promise That I will honor and obey my Sovereign Lord King CHARLES and will bear Faith and true Allegiance to Him and will defend and maintain His Regal Power and Authority and that I will not bear Arms nor do any Rebellious or Hostile Act against him or protest against any his Royal Commands but submit my self in all due Obedience hereunto And that I will not enter into any Covenant Oath or Bond of mutual Defence or Assistance against all sorts of Persons whatsoever or into any Oath Covenant or mutual Defence or Assistance against any Person whatsoever by force without His Majesty's Sovereign and Regal Authority And I do renounce all Covenants contrary to what I have sworn and promised So help me God in Christ Jesus And that he grievously fined those that refused to take it and particularly Henry Stewart and his Wife were fined 5000 l. apiece and their two Daughters and James Gray Three thousand Pounds apiece and imprison'd them for not paying it and explain'd the Oath to oblige in point of Allegiance to the Ceremonies and Government of the Church establish'd and to be establish'd by His Majesty's Authority and that he would prosecute to the Blood such as should disobey c. whereby many were undone and more fled the Kingdom and that he said If he return'd again he would root out Stock and Branch of the Dissenting Scots To this he answers That it was in a dangerous Time and for the Security of the Kingdom and upon their own Petition and that he had His Majesty's Orders for it dated 16 January 1638. That as to the Fine of Stewart c. it was setled before it came to his Vote so that he did but concur with the rest and that he did not speak against the Scotish Nation but against the Scotch Faction of the Covenanters The Twenty second Article was That he procured the Irish Parliament to declare their Assistance in a War against the Scots and gave Directions for Raising Eight thousand Foot and One thousand Horse which were most Papists and confederated with Sir George Ratcliff to employ that Army to Invade England and subvert the Fundamental Laws and Establish'd Government thereof To this he answers That he rais'd that Army by His Majesty's Order and denies any other Design than to assist and serve the King as they ought There was also some mention made about one Trueman who was executed for a Plot to betray Carigfergus to the Scots touching whom Sir John Clotworthy made this Deposition That Trueman was an Englishman that dwelt not far from Carigfergus and one that was sent about the Country but by whom he knows not but there were vehement Suspicions that he was employ'd to find out those that would engage in Discourse concerning the Scotch Business He spake with one Captain Giles who feigned himself a great Friend of the Scotish Nation and said That he
thousand five hundred Pounds yet for the better furthering of the Service we desire Ten thousand Pounds if it may stand with your Convenience 6. That their Pay which was condescended unto from the Eighth of December be presently advanced to the Eighth of February next against which time we are confident they shall be ready to march 7. That a Man of Wâ—r or some Mâ—rchants Ships be sent from Bristol Westchester or Dublin to 〈◊〉 for a Safe Convoy and Guard of the Passage because they 〈…〉 Boats may be subject to Inconveniences from the Enemy 〈…〉 we hear are towards that Coast 8. That the sending 〈…〉 thâ—se Men be without prejudice to the Proceeding of the Treaty which we desire may go on without any delay Westm 24. Jan. 1641. JA. PRYMROSE Which Proposals were approved of by Both Houses but the King disliked the Third Article as appears by His Answer viz. His Majesty having perused and considered these Eight Propositions presented by the Scots Commissioners doth willingly consent to them all except only the Third which His Majesty doth not approve and wisheth the Houses to take that Article again into Consideration as a Business of very great Importance which His Majesty doubts may be prejudicial to the Crown of England and the Service intended And if the Houses desire it His Majesty shall not be unwilling to speak with the Scots Commissioners to see what Satisfaction he can give them therein And the next day they waited upon him and told him That since it was only Matter of Trust that was in debate they hoped that he who was their Native King would not shew less Confidence in them than the English Nation had done Whereupon His Majesty consented rather than the necessary Supplies for Ireland should be delay'd And on the Fourteenth of February a Committee of Both Houses went with a Message to the Spanish Ambassador to this effect That the Parliament were informed Husbands 79. That some Vessels in Dunkirk laden with Arms and Ammunition were designed for Ireland and that if they or any such Ships were suffered to go thence it should be interpreted a Breach of the Peace between England and Spain To which the Ambassador answered That he would be careful to continue the League between both Crowns and did assure them that those Ships were not bound for Ireland And on the same Fourteenth day of February His Majesty sent a Message to Both Houses in which are these Words For Ireland in behalf of which His Majesty's Heart bleeds as His Majesty hath concurred with all Propositions made for that Service by His Parliament so He is resolved to leave nothing undone for their Relief which shall fall within His possible Power nor will refuse to venture His own Person in that War if His Parliament shall think it convenient for the Reduction of that miserable Kingdom And in the same Month the Parliament knowing that the Sale of the Rebels forfeited Estates was the best way to prevent future Rebellions by English Plantations in Ireland and to raise Money for suppressing of this did vote as followeth viz. THe Lords and Commons taking into their serious Considerations Husbands 84. as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience as also the great Sums of Money that the Commons of this Realm have of late paid for the Publick and Necessary Affairs of the Kingdom whereof the Lords and Commons are very sensible and desirous to embrace all good and honorable Ways tending to His Majesty's Greatness and Profit the Setling of that Realm and the Ease of His Majesty's Subjects of England And whereas divers Worthy and Well-affected Persons perceiving that many Millions of Acres of the Rebels Lands of that Kingdom which go under the name of Profitable Lands will be confiscate and to be disposed of and that in case Two Millions and a half of those Acres equally taken out of the Four Provinces of that Kingdom may be allotted for the Satisfaction of such Persons as shall disburse any Sums Money for the Reducing of the Rebels there it would effectually accomplish the same have made these Propositions ensuing 1. That Two Millions and a half of those Acres may be assigned allotted and divided amongst them after this Proportion viz. For each Adventurer of 200 l. 1000 Acres in Ulster 300 l. 1000 Acres in Conaught 450 l. 1000 Acres in Munster 600 l. 1000 Acres in Leinster all according to English Measure and consisting of Meadow Arable and profitable Pasture the Bogs Woods and barren Mountains being cast in over and above These two Millions and a half of Acres to be holden in free and common Soccage of the King as of his Castle of Dublin 2. That out of those two Millions and a half of Acres a constant Rent shall be reserved to the Crown of England after this Proportion viz. Out of each Acre thereof in Ulster 1 d. Conaught 1 ob Munster 2 q. Leinster 3 3. That for the erecting of Mannors settling of Waste and Commons maintaining of Preaching Ministers creating of Corporations and regulating of the several Plantations one or more Commissions be hereafter granted by Authority of Parliament 4. That Monies for this great Occasion may be the more speedily advanced all the Undertakers in the City of London and within 20 Miles distance thereof shall under-write their several Sums before the Twentieth day of March 1641. and all within Sixty Miles of London before the First day of April 1642. and the rest of the Kingdom before the First day of May 1642. 5. That the several Sums to be under-written shall be paid in at four Payments viz. one fourth part within ten days after such under-writing and the other three parts at three Months three Months and three Months all to be paid into the Chamber of London 6. That for the better Securing of the said several Sums accordingly every one that doth so under-write shall at the time of his Subscription pay down the twentieth part of the Total Sum that shall be by him then under-written And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same within the ten days before limitted then such Party shall not only forfeit the twentieth part of the Sum total formerly deposited but so much more of his first fourth Payment to be added thereunto as shall make up the one Moyety of the said first Payment And if the same Person shall fail in any other of the three Payments he shall then Forfeit his entire first fourth and all the Benefit of his Subscription which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers The Lords and Commons upon due and mature Deliberation of these Propositions have approved of them and given their consent unto the same and will become humble Petitioners to His Majesty for His Royal Approbation thereof and
suffer the Right of the Crown to be destroyed by any way but shall Lett it to your power and if you cannot Lett the same you shall certifie His Majesty clearly and expresly thereof you shall give your true and faithful Council for the King's Majesty's Profit and his Highness's Council you shall conceal and keep All other things for the Preservation of His Majesty's Realm of Ireland the Peace amongst His People and Execution of His Justice according to His Majesty's Laws Usages and Customs of His Highness's Realm you shall perform and do to your power So God you help and by the Contents of this Book The Lord Lieutenant did immediately set himself to reform the Army and reduced his own Troop to 40 and Lucas and Armstrong's Troops to 30 each and the other two Troops to 25 each so that he had in all but 150 Horse and 2000 Foot and to maintain these he was forced to revive the Excise and to lay a Tax of 3d. per Acre throughout that part of the Pale under his power and to seize on some Debts and Tobacco belonging to the Londoners and on the 16th of March he issued a Proclamation to prohibit Outrages and Robberies on pain of Death And thus Matters stood in Ireland at the end of the Year 1643. Nor can we open the following Year with a better Scene than a Session of Parliament 1644. which was held at Dublin on the 17th of April and the very next day the Speakers of both Houses issued Letters to the Officers of the Army strictly prohibiting them from taking the Solemn League and Covenant and in those Letters they took notice of the Lords Justices and Councils Proclamations of the 18th of December 1643 to the same effect And on the 20th of May the Government issued a Proclamation to free from Customs and Impositions for 6 Months all Goods and Commodities that shall be imported for the Relief of the Army into Dublin Drogheda Carlingford Dundalk Cork Youghall or Kinsale But we must leave Ireland for a while and adjourn to Oxford which was the Theater on which the Affairs of that Kingdom were for the present transacted and therefore the Negotiations there shall be handled together and they happened in this manner The Cessation being made as hath been already related the Confederates chose the Lord Viscount Muskery Sir Robert Talbot Dermond mac Teig O Brian c. As their Agents to sollicite the King in England about the Terms of a Peace and the Lords Justices did likewise as from the Council-Board send Sir William Stuart Sir Gerard Lowther Sir Philip Percival 1643. and Justice Donelan to whom Sir George Ratcliff and Sir William Sambach being then at London were added But the Protestants not knowing of this last or not thinking that these Agents would effectually insist upon Their Sense of Affairs or were prepared to prove their Grievances Did on the Sixth of October meet at the Earl of Kildare's House and agreed upon a Petition which they preferred to the Lords Justices and Coâ—ncil desiring leave for their Agents to repair to the King and that the Irish Agents might not be heard till they should arrive and that Care might be taken to continue the present Parliament which by Change of one of the Lord Justices was in Danger of being dissolved To which on the Twelfth of October they received a favourable Answer That they the Lords Justices had taken care to send Protestant Agents to the King to assist in the Treaty and that nevertheless they would transmit a Copy of the Petitioners request to His Majesty and if His Majesty would License their Departure they would not hinder it But the Protestants knowing that even of late time Agents had gone to the King without such special License from His Majesty they did on the Fourthteenth of October proceed to the Choice of Four Persons fit to be employed and prepared a Petition to the King and then Petitioned the Lords Justices and Council To transmit that Address to His Majesty and to License their Agents to repair unto him to England and on the 19th the Lords Justices answered That they had signified their former Petition to his Majesty and had importuned Secretary Nicholas for a speedy Answer which the Petitioners ought to expect and that in the mean time they would not hinder the Agents from going when they pleased but could not recommend them to the King until His Majesties Pleasure were known The Lord Chancellor Bolton took an Exception to the Copy of the Petition that it was not signed as the Original was which Nicety was soon answered by transcribing the Names of the Subscribers but the Earl of Roscomon Sir James Ware and one other who had signed the first Petition went farther and entered the following Protestation concerning it The Sense of divers of his Majesties Protestants Subjects who have Signed to the late Petition directed to His Majesty SUffering under the Mis-construction of Our Petition We hold it fit to declare that We exhibited not the same through want of Assurance of His Majesties Care of the Protestant Religion and of his Subjects nor yet to divert any Supplies that may be drawn from hence against such as in his Kingdom of England have taken up Arms against him but meerly in Right to Gods Cause and in Our Right humbly to inform His Majesty when the Irish Agents repair unto him if the said Agents shall endeavour to surprise or prejudice Us in either this is the Commission We give and if any Person or Persons imployed by Us shall go further or otherwise busie themselves to the disturbance of His Majesties Service against such We do and shall protest as being in Our Intentions no Parties thereunto which as it may serve to vindicate our Faith to His most sacred Majesty so it may shew how Causeless the Jealousies are of this Address to him And thus it stood till January when His Majesties Letter of the Sixth of November arrived and thereby License was granted to the Petitioners to send their Four Agents whereupon the Petitioners chose Sir Charles Coot and Captain William Parsons to be added to the Four they had pitched upon before and presented their Names to the Lord Lieutenant and on the Seventeenth day of February following the Commons of the Irish Parliament approved of what the Petitioners had done and declared their Concurrence therewith whereupon the Petitioners moved the Lord Lieutenant and Council for a recommendation to His Majesty both of their Cause and Agents and being demanded they produced their Instructions which were rectified as is mentioned Appendix 22. and then they were informed that it would gain them favour with the King if they carried over their Companies with them except Sir Charles Coot's which was in Conaught but Captain Parsons his Troop chose rather to be disbanded then to go over to Fight against their Countrey-men but Captain Ridgway's and Sir Francis Hamiltons Companies were Transported under their
and Garrisons of Inniskilling Culmore Cloghouter Castlejordan Carlingford Monaghan c. they made no considerable Resistance And in Munster Sir Henry Ingolsby went with a party to block up Limerick in July and had the good fortune to rout 4000 Irish that came to relieve it whereof 900 were slain and many taken Prisoners and Colonel Phair in August not only disturbed the Lord Insiquin's Levies in Kerry but also took in the Castle of Kilmurry and was very troublesome to the Lords Roch and Muskry But Ireton having refreshed his Army at Waterford marched through Wicklow and having taken a prey of 1600 Cows he sent Sir Har dress Waller with half of them to re-inforce the Blockade of Limerick and Waller in his march did take the strong Castles of Balliglaughan Ballycubane and Garygaglan and on the 9th of September summoned Limerick but it was in vain for the same Hugh O Neil that made the brave Resistance at Clonmell was now Governour of that City Ireton himself marched on to Sir Charles Coot and being joyned they went to Athlone but the Bridge being broke and the Town on Leinster side burnt Ireton left Coot there and having in his way taken two Castles in Mac Coghlan's Country together with Bi r which the Irish had deserted and burnt he came before Limerick but finding the Year too far spent and that Limerick could not be forced unless it were attacked on both sides the River he endeavoured to get Killaloo pass and so having taken Nenagh Castletown and Dromaneer he went into Winter-quarters to Kilkenny on the 10th of November In the mean time part of the Marquess of Clanrickard's Forces had retaken Bi r and the other two Castles in Mac Coghlan's Country and pretended to relieve Athlone if it should be distressed Whereupon Colonel Axtell Govenour of Kilkenny being joyned with the Wexford and Typerary Forces at Roscrea encountered them near Meleak-Island on the 25th day of October and gave them a sore Defeat killing 1500 Men and taking 200 Horse and all their Baggage In the mean time the Duke of Lorrain not having finished his Negotiations at Rome which I formerly mentioned continued his Dissimulation of Zeal for Religion and of concern for the Roman Catholick Irish whereupon the Lord Taaf whom Ormond had sent to the King to get forreign Supplies if possible finding that the King was in Scotland so that he could not get access to him made such importunate Application to the Duke of Lorrain that he procured the Abbot of Saint Catharines with some small Supplies to be sent to the Clergy and Catholick Nobility and Gentry of Ireland Ormond being then in France This Agent or Ambassador landed in the latter end of February 1650 at Galway and as soon as he understood that Clanrickard was left Lord-Deputy he gave his Excellency notice of his Arrival and afterwards shewed him his Credentials and assured his Excellency that the Duke his Master had so entire an affection to the King of England the prefervation 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 Majesty's 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 Directions 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 Person 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 a Committee of the Commissioners of Trust and some Prelates was appointed to Treat with him but as the Abbot varied from his first Proposals so the Popish Clergy did change and very from the Lord-Deputy's Instructions and turned out some of the Committee who would not comply with them and put in others in their room and though the Lord-Deputy prohibited their further progress in the Treaty upon such dishonourable Terms as the Abbot now propos'd yet they would go on to conclude it and thought they had excused their presumption well enough by saying That the Abbot would not consent to any other and that it was better to submit to hard Conditions than to break of the Treaty Whereupon the Lord. Deputy was so disgusted that he left the Town and refused to receive a Visit from this Ambassador that had so manifestly prevaricated from his first pretences By this stifness in the Lord Deputy the concluded Treaty vanished into smoak but the Abbot knowing his Master's design would not totally break off the Correspondence but on the contrary began to talk more mildly and as if the Duke would do very kind things if Agents were sent unto him Which being made known to the Lord-Deputy he appointed Sir Nicholas Plunket and Jeffery Brown for that Embasie and gave them such Instructions as he thought fit But the Prelates did not like that a matter of this importance should be managed without them and therefore under pretence of solliciting the Archbishop of Mecklin the Bishop of Leige and other Ecclesiasticks for Assistance they * Episcopi clerus multi alii precipui nobiles ac Magistratus earum Duarum civium quae Catholicis restabant Vindiciae Eversae 21. Vide the Commission Appendix 47. drew in some of the bigotted Nobility and Gentry and together impowered the busie Bishop of Ferns to interest himself in the Treaty with the Duke of Lorrain which he did with that Confidence and Rashness that was peculiar to him and spoiled whatever he meddled with and particularly the Negotiation in hand And that the World may know P. W. 585. they regard Clanrickard no more than Ormond that this Bishop and those of his party had no more regard to the King's Authority in the Roman Catholick hands of the Marquess of Clanrickard than whilst it remained with the Heretick Marquess of Ormond it is necessary to add the Bishop of Ferns's Letter to these Agents Plunket and Brown who were then in the same City with him viz. Brussels I Do with all sincerity offer mine own Opinion what is to be done by you in this Exigent which is to the end the Agreement you are making with his Highness the Duke of Lorrain become profitable to the Nation and acceptable in the Eyes of God that you 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 Victories Grace Success and those Blessings of God we one time enjoyed may return again to us The necessity of doing
to excuse my self from communicating to you such Observations as I have made On the contrary I have herewith sent you what I have already collected and will as often as you desire impart to you whatever shall fall under my Notice or Observation that is pertinent to your purpose The Interval between the end of the War and Cromwell's Death affords but little matter for an Historian for it was a time of profound Peace and spent in setting out of Lands setling of Titles in Building and Improvements and in transplanting the Irish into Connaught and imposing the Engagement The Government was managed by Commissioners of Parliament viz. Charles Fleetwood Lieutenant-General of the Army Edmond Ludlow Lieutenant-General of the Horse Miles Corbet John Jones and John Weaver Esquires but the Army was under the sole Conduct of Fleetwood In November 1653. the Commissioners of Delinquency sate at Athlone to determine the Qualifications of the Irish for Transplantation into Connaught and they continued eight Months but did not dispatch Business as was expected and therefore Judg Cook was fain to supply their Defect and some of the other Commissioners removed to Loghreogh to set out Lands to the Irish pursuant to Cook 's Decrees But in Anno 1654. Fleetwood was made Lord Deputy and so continued until August 1655. and then Henry Cromwell was made Commander in Chief of the Army and in the Civil Government Matthew Thomlinson Miles Corbet and Robert Goodwin were in Commission with him and to them Mr. Steel the Chancellor was afterwards added And it was in the year 1655. that the Civil Authority which had been discontinued in Cork since the year 1644. was revived and Sir William 〈◊〉 Maurice Roch Christopher Oliver John Morly John Hodder and other ancient Freemen of the City met and elected John Hodder Mayor and William Hodder and Philip Matthews Sheriffs And in the same year the City and County of Londonderry were restored to the Society of the Governour and Assistants of London of the new Plantation in Ulster within the Realm of Ireland this County being the forfeited Estate of O Cahan and other Irish Septs was by King James granted to this Society under certain Covenants of Improvement whereupon they laid out vast Sums of Money in the Management of that Plantation by building Derry Colerain and twelve Mannor-houses c. But Anno 1636. they were prosecuted in the Star-Chamber on pretence of breach of Articles and their Estates sequestred and Anno 1637. Sir Thomas Fotherly and Sir Ralph Whitfield were Commissioned by the King to make new Leases thereof And tho there did pass a Vote of Parliament Anno 1640. to null the Decree of the Star-Chamber yet by reason of the Irish Rebellion following so soon after they were not restored until this year but Anno 1662. King Charles II. gave a new Charter to this Society under which it flourished till of late But to proceed After Oliver's Death the new Protector made his Brother Henry Cromwell Lord Lieutenant and so he continued until the 7th of May 1659. and then the Parliament sent over Ludlow Jones Thomlinson Corbet and Berry to Govern that Kingdom but Ludlow returned in September so that he was not in Ireland when the following Revolution happened For the People being weary of so many Alterations and Changes and despising the Unsteadiness of the Government were generally inclined to the King's Restauration And this humour being fomented and discreetly managed centred in what they desired The Lords of Montgomery and Broghall Sir Charles Coot Captain Robert Fitz-Gerald Sir Theophilus Jones Sir Oliver Saint-George Sir Awdly Mervin Collonel Mark Trevor Collonel Warren and several others were concerned in this Affair January 1659. They surpriz'd the Castle of Dublin and Jones in it and they seized on Corbet and Thomlinson at a Conventicle in St. Warbert-street and they forced or persuaded Major-General Sir Hardress Waller to comply and so they declared for a Free Parliament The Government being thus in the hands of the Army was managed by a Committee or Council of Officers who upon the Petition of the a Alderman Dee Mayor and Aldermen of Dublin did as they had before design'd summon a Convention By this time the Lord Broghill and Sir Charles Coot were come to Dublin and they projected to suspend the Convention until they had modell'd the Army to their mind and got rid of Sir Hardress Waller But he suspecting their Design seized upon the Castle of Dublin so that they were fain to besiege him and in five days forced him to surrender and then they sent Him Jones Thomlinson and Corbet Prisoners to England But the Victorious Confederates were like to Clash amongst themselves one Party being for Articling with the King for the Confirmation of the Estates of Adventurers and Soldiers and the other Party being for His Majesties Restoration without any previous Condition but at length they agreed in this latter Sentiment and the Convention met on the 7 th of February Sir James Barry being their Chair-man Their first Act was to order a Fast and Humiliation for their Sins amongst which the Murder of the King was Enumerated and all their Actions were suitable to this beginning so that they seemed to contend with England which should be most forward in Restoring the King On the 16 th of February The Council of Officers published their Memorable Declaration for a full and free Parliament and the Re-admission of the Secluded Members in the Parliament of England And pursuant to it the Convention published a Declaration on the 12 th of March to the same purpose and afterwards viz. the 14 th of May they accepted of His Majesties Declaration of the 14 th of April from Breda and cheerfully concurr'd to His Restoration And as soon as this was done the Irish Papists who had fat still all this while and contributed nothing to this great Revolution thought to reap all the Benefit of other Mens Merits insomuch that several of them took Possession of their former Estates and this Grievance was so general that the Convention was necessitated on the 20 th day of May 1660. to issue a Declaration for preserving the Peace and quieting Possessions and on the first of June His Majesty in England issued a Proclamation to the same purpose This Convention gave His Majesty 20000 l. the Duke of York 4000 l. the Duke of Glocester 2000 l. and then leaving a standing Committee to Govern the Nation Adjourn'd till the first day of November following On the 18 th of October His Majesty be Letter approv'd of this Convention and so on the 22 d of January it met again Sir William Dumvill being Chairman and so continued until its Dissolution in May 1661. In the mean time the Government was in the Hands of Sir Charles Coot and Major William Bury who were sided Commissioners of Government and Management of Affairs in Ireland but not long after Sir Maurice Eustace Lord Chancellor Roger Earl of
Sir Edward Deering Sir Edward Smith William Coventry Esq in whose stead came Sir Allen Brodrick Sir Winston Churchill and Collonel Cook Sat at the Kings Inus â—â—â—ral times but did not hear Causes till the 13 th of February because the Irish would not venture a Tryal until they had prepar'd Deeds Witnesses and other Conveniences and then in that Month the Commissioners declared thirty-eight Innocent and seven Nocent and in March adjudged fifty-three Innocent and seven Nocent and in April Voted Seventy-seven Innocent and five Nocent and in the remaining Months they decided Six hundred and thirty Claims to the great Loss and Disatisfaction of the Protestants In the Year 1663. Alexander Jepson Mr. Blood Collonel Abbot Major Warren and several others had formed a Plot to seize on the Castle of Dublin on the 21 th of May but the Lord Lieutenant had notice of it from the Earl of Orrery and others and so it was prevented and a Proclamation issued against the Conspirators in General on the 21 st of May and against several of them by Name on the 23 d of May and on the same day the Lord Lieutenant and Council gave an account of it to the Secretary of State and his Excellency Prorogued the Irish Parliament till the 21 st of July and so from time to time until the 26 th of October 1665. and then they Sat and by publick Declaration manifested their Abhorrence of that Plot. Hereupon all the People both Protestants and Papists were disarmed throughout the Kingdom some few only excepted in whom the Government could confide Nevertheless because several Dissenters refused to joyn in the late Plot the Lord Lieutenant on the 29 th of June continued the Indulgence to them until Christmas following And on the 31 st of July 1663. the Lord-Lieutenant and Council upon receipt of His Majesty's Letter in favour of the Lord of Antrim did by their Letter of that date signifie to His Majesty That the Marquess of Antrim did oppose both Peaces of 46 and 48 and did say in open Assembly That not a Man should go out of Vlster when the King expected 10000 out of Ireland And if this Letter takes place in so extraordinary manner it will infringe the Act of Settlement which is the fundamental Security and will hinder Reprisals for such as by Declaration the King is obliged to provide for And in April following His Excellency went for England and left his Son the Earl of Ossory Lord Deputy And about this time the Irish taking advantage of the mad Plot of Jepson 1664. c. aspers'd the English with disloyalty and cry'd up themselves for the only Loyal Subjects and they proceeded so far as to impeach Capt. Knight and Lieut. Salisbury of words which amounted to Treason in Judge Stockden's Opinion but upon strict Examination of the matter the Witnesses were found to faulter and afterwards confessed they were Suborn'd and begg'd Pardon In the beginning of September the Lord Lieutenant returned to Ireland 1665. He landed at Waterford and brought over with him the new Bill of Settlement afterwards called The Act of Explanation which passed into a Statute on the 15th of December and soon after his coming over he raised a Protestant Militia in Ireland and distributed 20000 Arms amongst them And it was this year that Pope Alexander VII issued his Bull to absolve the Irish from the Excommunication of the Nuntio in forma Ecclesiae consueta P. W. Epist to his Remonst xxxii that is as P. W. explains it upon their doing publick Penance for having returned but only so nigh their Obedience to their King as a bare Cessation of Arms in order to preserve His Majesty's Interest when their own could not subsist without it did amount unto On the 16th of December the Lord-Lieutenant did acquaint the Parliament with the great Preparations in France and Holland for War both by Sea and Land so that there was great danger of an Invasion whereupon the Commons voted Thanks to His Grace for the Advertisement and that they would stand by His Majesty with their Lives and Estates and would be assistant to His Grace against all the King's Enemies and to help bear the Expence of the War gave eight entire Subsidies and on the 30th of March they gave four more And indeed it was time to prepare for Defence P. W. Remonst 570. for P. W. assures us the Irish were tampering with France to back their Insurrection by an Invasion In May 1666. 1666. some Corporals and Soldiers of five Companies at Carrickfergus to the number of 200 seized on the King's Money in the hands of his Receiver and possessed themselves of the Gates and capitulated with the Earl of Donegall the Governour and refused to obey him but chose Corporal Dillon to be their Chief and Mann'd the Walls May 25th The Earl of Arran with four Companies of Guards went by Sea in the Dartmouth Frigat to Carrickfergus and arrived there the Sunday after The Mutineers desired time till afternoon to consider designing in the mean time to get Provisions into the Castle but Arran admitting no delay charged one way as Sir William Flower did another and forced the Mutineers into the Castle with the slaughter of Dillon and two of his Companions and the loss of two of the Earl of Arran's Soldiers and the next day in the afternoon the Lord-Lieutenant arrived with the Horse-Guards and then they surrendred at Mercy And this being a time when there was open War with France and Holland and an Invasion expected from France the Mutineers were try'd by Martial Law and ten of them condemned to die and the rest to be transported but upon their submission these last were all pardon'd On the 11th of June the Popish Clergy met in a sort of Convocation or National Synod in Dublin by connivance of the Lord-Lieutenant pursuant to His Majesty's Order and it was expected from them that they would have asked Pardon for the Rebellion in 1641. and have given the King new assurance of their Allegiance by taking an Oath to that purpose framed by their own Procurator Peter Welsh and called P. W. 10. The Loyal Formulary or The Irish Remonstrance But they were so far from doing so that one of their Bishops said They knew no Crime they were guilty of and therefore needed no Pardon and they not only refused to take the aforesaid Oath but prevailed with many that had subscribed that Remonstrance to withdraw their Subscriptions and to renounce that Oath But this matter as it is the greatest Demonstration of what sort of Allegiance the Popish Clergy of Ireland would pay to a Protestant King so it is well worthy of a Treatise by it self something more concise than that prolix else incomparable History which P. W. has afforded it But the Secret of this Affair was deeper than P. W. imagined for the Irish were then ready for a Rebellion and every day expected an Invasion from
Bishops Vicars-General Abbots and all others exercising Ecclesiastical Jurisdiction by the Popes Authority and in particular Peter Talbot pretended Archbishop of Dublin for his notorious Disloyalty to Your Majesty and Disobedience and Contempt of Your Laws may be commanded by Proclamation forthwith to depart out of Ireland and all other Your Majesties Dominons or otherwise to be prosecuted according to Law And that all Convents Seminaries and publick Popish Schools may be dissolved and suppressed and the Secular Priests Commanded to depart under the like Penalty 4. That no Irish Papist be admitted to inhabit in any part of that Kingdom unless duly Licensed according to the aforesaid Acts of Settlement And that Your Majesty would be pleased to recal Your Letters of the 26 th of February 1671. and the Proclamation thereupon whereby general license is given to such Papists as Inhabit in Corporations there 5. That Your Majesties Letters of the 28 th of September 1672. and the Order of Council thereupon whereby Your Subjects are required not to prosecute any Actions against the Irish for any Wrongs or Injuries committed during the late Rebellion may likewise be recalled 6. That Collonel Talbot who hath notoriously assumed to himself the Title of Agent of the Roman Catholiks in Ireland be immediatedly dismissed out of all Command Military and Civil and forbidden Access to Your Majesties Court. 7. That Your Majesty would be pleased from time to time out of Your Princely Wisdom to give such further Order and Directions to the Lord Lieutenant or other Governor of Ireland for the time being as may best conduce to the Encouragement of the English Planters and Protestants Interest there and the Suppression of the Insolencies and Disorders of the Irish Papists there These our humble Desires we present to Your Majesety as the best means to preserve the Peace and Safety of that Your Kingdom which hath been so much of late in Danger by the Practices of the said Irish Papists particularly Richard and Peter Talbot and we doubt not but Your Majesty will find the happy Effects thereof to the great Satisfaction and Security of Your Majesties Person and Goverment which of all earthly Things is most dear to Your Majesties most Loyal Subjects But on the 5 th day of August 1672. 1672. Arthur Earl of Essex was Sworn Lord Lieutenant and in September his Excellency and the Council made Rules and Orders for Regulating of Corporations pursuant to a Clause in the Act of Explanation to that purpose And during his Government the Kingdom was very quiet in publick Appearance 1674. for whatever Designs were form'd in favour of Popery were private 1675. and in England and were so dexterously countermined by this Lord Lieutenant that there was but small effect of them perceived in Ireland but his Excellency went for England the day of 1675. leaving the Lord Chancellor and the Lord Granard 1676. Lords Justices who continued so until the return of the Earl of Essex who resumed the Goverment on the day of 1675. But in the beginning of the year 1675. Peter Fox and five more pretending to be Passengers in a very rich Ship in Holland called the St. Peter of Hamburgh bound for France did Murder the Master and three of his Crew and brought the Ship into Ireland but by the Wisdom and Diligence of Robert Southwell Esq Vice-Admiral of Munster five of the Malefactors were taken and executed and a great part of the Cargo preserv'd and secur'd for the right Owners But the Earl of Essex being recalled 1677. James Duke of Ormond was Sworn Lord Lieutenant on the day of August 1677. and that year there was a Popish Regiment raised in Ireland in pretence of Foreign Service but the Duke would give them no Arms so that they were forced to Exercise with Sticks But I should have mentioned That the St. David and forty East-India-Ships and forty Merchant-men arrived at Kingsale in July 1673. where they found a secure Sanctuary until they had Convoy sent them from England and this perhaps might be one motive to the Duke of Ormond the next time he took the Sword to consider the Importance of that Place which is the best Chamber for Shipping in His Majesty's Dominions There it was that the Spaniards landed in the year 1601. and there Sir Jeremy Smith and his Fleet sound a safe retreat Anno 1667. and therefore His Grace founded that Royal Structure of the New Fort of Rincorran which he visited in August 1678. and named Charles Fort and it seems that King James and the French had no less value for this important Place since they chose to land there in March 1688. In September the News of the Popish Plot arrived in Ireland 1678. and thereupon Peter Talbot Titular Archbishop of Dublin was apprehended and made close Prisoner in the Castle of Dublin and on the 11th of October the Lord-Lieutenant Ormond came to Dublin and on the 14th of October His Grace and the Council issued a Proclamation for all Officers and Soldiers to repair to their respective Garisons and Quarters and not to depart from thence without license And on the 16th of October there came out another Proclamation requiring all Titular Archbishops Bishops Vicars-General Abbots and other Dignâ—aries of the Church of Rome and all other exercising Ecclesiastical Jurisdiction by Authority from the Pope as also all Jesuits and other Regular Priests to depart the Kingdom by the 20 th of November and that all Popish Societies Convents Seminaries and Popish Schools should dissolve and separate themselves c. And that they may have convenience of Transportation all Ships outward-bound were by Proclamation of the 6th of November commanded to give timely notice of their departure and to take on board such of the Popish Clergy as desired to go with them And on the 2d of November the Papists were by Proclamation required to bring in their Arms by a certain day which being expired that the Justices c. should search for them And that all Papists that had above one Pound of Powder should send in an Account of their Store On the 20 th of November a Proclamation issued forbidding the Papists from coming into the Castle of Dublin or any other Fort or Cittadel and ordering the Markets of Droghedagh Wexford Cork Limerick Waterford Youghall and Galloway to be kept without the Walls and that no Papists should be suffered to reside or dwell in any Garison except such as had been Inhabitants there by the space of twelve months before and that the Papists should not meet in unusual Numbers or at unreasonable times And the same day issued another Proclamation for a reward of 10 l. for every Commission'd Officer 5 l. for every Trooper and 4 s. for every Foot-Soldier that can be discovered to have gone to Mass since he took the Oaths of Supremacy and Allegiance And here it will be but Justice to the memory of the Duke of Ormond to
Guilt of the innocent Blood they most barbarously in time of open and setled Peace without any Provocation or Offence given falling with armed Force upon the unarmed and harmless British and Protestants Murthering hanging drawing burying alive and starving them Men Women and Children of all Ages and Conditions to the Number of 154000. before the End of March last as is testified was acknowledged by their Priests appointed to collect their Numbers besides many thousand others since that Time so used in all Parts of the Kingdom Sometimes they profess they took up Arms to exalt and establish the Romish Catholick Religion throughout this Kingdom and they have taken a Publick and Universal Oath to maintain and defend the publick Exercise thereof but in this particular as in that of Prerogative we crave leave to affirm that we well know and their Actions and Infidelity do abundantly demonstrate that many of them especially the Irish have little sense or inward Touch of Religon other than what is pressed upon them by their Traiterous Clergy for their Pride and Avarice and the sottish Superstition of their Women and that those Irish assumed this only as another Cover for their bloody and most unchristian Execution of their antient and never ceasing hatred to the Kings of England and the English Nation which doth now and hath heretofore in all Ages undeniably appeared in their many furious Insults and Murthers upon their Persons and Devastation of the Possessions of the English ever since their first Entrance into this Kingdom Even in the several Ages when no difference was between the two Nations in matters of Religion In the Conjuncture of Affairs here in these Times we may not in Duty to your Royal Throne and in the Trust of your Affairs laid upon us forbear to let your Majesty know what divers Apprehensions seem to be entertained in the mind of this People On the one side the Papists here with us and the Papist Rebels do with great Boldness and Alacrity give out that they shall have present Peace in that Peace they presume shall be wound up all the bloody Massacres and fearful Destruction committed on the Persons and Estates of the British and Protestants having now extirpated or banished them which was part of their Work intended and demolished their costly Houses and Buildings throughout the whole Kingdom except the Persons and but the Persons only of a few which we have in Oarrisons and Forts their intent being to become sole Masters of the Kingdom and they farther adjudge that they have gained so strong a Bar of Terror against any coming of New English hither or their inhabiting amongst them as if those Rebels in the Strength and Numbers they now stand may gain Liberty and Freedom of Estates and Security of their Persons they shall hold themselves for ever freed from the Cohabitation of English or the Subjection to any English Government which whatsoever in their frantick Apprehensions they now imagine would soon make them a slavish distracted miserable People as did well appear in the late former Age before which by their continual Assaults on the English in several Kings Reigns and their strugling to expel them they almost got all into their own hands in which Times the few old English Colonies were driven almost Night and Day with their Swords in their hands to peserve their Lives and small Livelyhood On the other side the little Remnant of Protestants are strucken into such Astonishment at these Presumptions of the other party and the foresight of their own Destruction if your Majesties Armies be suddenly laid down as they began to despair of Safety ever to be had here and are therefore ready to forsake the Kingdom and then the Kingdom being left wholly to Irish and so bloody malicious Papists as the Rebels now are it will be very questionable how your Majesty and your Kingdom of England can have safety by them they having boasted that after this Conquest they will invade England and it will be as questionable how England can make a New Conquest without more Charge and Danger than this Kingdom is worth this Kingdom now being in far other case for Towns Forts Ordinances and Places of Strength and Men trained to Wars than in the Times of any former Conquest of this Kingdom The English do fear that if Peace should now be treated of here it would give a stop of farther Supplies of Men Munition Arms or Victuals to be sent hither which the Rebels have long threatned against us and so the Stores being kept weak here the Rebels would not doubt speedily to bring the Protestants into their merciless Power and fall upon them to the full Execution of their former Intendments They consider also besides what they know of former Ages that seeing the Papists and Irish before the Rebellion could not abide to see the English dwell by them and under them when there was full amity and agreement between them all manner of Obligations of Affinity Consanguinity Marriage Friendly Society and Commerce no Oppression Injury or Offence offered to any of them Rents of their Land and all other Profits of the Kingdom raised far higher than in any former Age by the Husbandry and Industry of the English Now after so great encouragement on both sides and so great rancour and malice raised between them by the acts of Cruelty and Violence on all Parties the British and Protestants stand most assured to be devoured by the Irish if they shall stand in strength and numbâ—â— they now do when the English shall offer to disperse and inhabâ—â—â— among them in the way of Peace Besides if Arms could now be safely laid down on both sides and if then the English should adventure to disperse themselves among them though no other violence should be offered them they would be destroyed by very Stealths and Robberies their Remedy being only by Tryal of Juries all Irish who by Positions of Law lately broach'd by Popish Lawyers upon their Queries a little before this Rebellion are not as formerly to be questioned for false Verdicts They consider likewise that the Irish now combin'd in this Rebellion are a Slothful People naturally inclin'd to Spoil Ravage Stealth and Oppression bred in no Trades Manufactures or other civil Industry to live by in Peace wherein they never did nor can endure long to continue naturally loving a Savage and Unbridled course of Life though in these last Thirty Years God blessed your most Renowned Father and your Royal Majesty with a more setled Peace here than had been seen in Ireland for above Two Hundred Years before whereby it is evident that if they were suffered to live alone here they would not nor ever could raise any considerable Revenue to their Prince their Nature being to live ever in Blood and Contention one with another as they always were before the late Peace and setled English Government among them And it is observable that the English now see that
here These things most Dread Sovereign are of so great and important consideration towards securing the future Peace and Safety of your Sacred Majesty your Royal Posterity your Kingdoms and good Subjects as we could not without breach of Faith and Loyalty to your Majesty forbear thus truly and plainly to represent them and howsoever the Rebels are pleased unjustly to traduce and calumniate us and our proceedings without any cause given on our parts other then our Faithfulness to you our most Dear and Gracious Lord and Master which Reproaches from them we are content for your sake to bear as we are ready to Sacrifice our Lives for you Yet we humbly beseech your Majesty to give us leave with the freedom of Faithful Servants to affirm to your Majesty in the presence of God to whom and to your Majesty we are accountable for uprightness in all our Councils and Actions that we fall upon no Expressions herein out of any hatred to the Persons of them or any of them or out of any sinister ends of advantage to our selves but only out of necessary duty to God and to your Majesty for whom we hope God hath reserved the high honour of that great work of full settlement and reformation of this your Kingdom to which none of your Royal Ancestors could attain although your Royal Father King James of Blessed memory made a fair entrance towards it by a sweet and peaceable way which glorious beginning of his the Rebels have quite overturned and defac'd And now having clearly and in zealous duty laid open our hearts to your Royal Majesty we in all humility submit and intirely depend on your Majesties Commands whether for Peace or War and shall with all fervency imploy our Bodies and Minds to execute whatsoever you shall in your high Wisdom prescribe humbly beseeching the Almighty Guider of all Humane Councils to grant you his Divine Assistance from the Wisdom which is ever about his Throne And so we humbly remain from your Majesties Castle of Dublin the 16th day of March 1642. Your Majesties most Loyal and most Faithful Subjects and Servants William Parsons Jo. Borlace La. Dublin Cha. Lambart Ad. Loftus Ge. Shurley Ger. Lowther J. Temple Tho. Rotheram Rob. Meredith Appendix V. An Abridgement of the Irish Remonstrance of Grievances THAT they being necessitated to take Arms for the Preservation of their Religion the Maintenance of His Majesties Rights and Prerogatives the natural and just Defence of their own Lives and Estates and the Liberties of their Country have often attempted to present their humble Complaints to His Majesty but were prevented therein by the Power and Vigilancy of the Lords Justices c. Who by the Assistance of the Malignant party now in Rebellion in England the better to accomplish the Extirpation of their Religion and Nation have hindred their Access to the Kings Justice which might have prevented much mischief and having notice now of a Commission to hear their Proposals in which are these words albeit we do extreamly detest the odious Rebellion which the Recusants of Ireland have without Ground or Colour raised against us our Crown and Dignity they conceive them to have proceeded from the misrepresentation of their Enemies and do protest they have been therein traduced to the King for that they never entertained any Rebellious thought against His Majesty his Crown or Dignity but are his faithful Loyal Subjects and desire to be owned so and as such they present the ensuing Grievances and Causes of the then present Distempers 1. That the Catholicks whom neither Reward nor Persecution could tempt from their Religion these 1300 Years are by the Statute of 2 Eliz. made incapable of Places of Honour or Trust their Nobles are become contemptible their Gentry debar'd from Learning in the Universities or Publick Schools and their younger Brothers for want of imployment are forced to live in Ignorance and Contempt at home or to their great discomfort and impoverishing of the Country to seek Education and Fortune abroad Misfortunes made incident to the Catholicks only their Number Quality and Loyalty considered of all the Nations in Christendom 2. That Men of mean Condition and Quality for the most part were placed in all Offices of Trust and Honour who being to begin a Fortune built it on the Ruines of the Catholicks and to ingratiate themselves scandalized the Papists and rendered them suspected and odious in England whereby arose the Opposition to the Graces promised or intended to the Natives by His Majesty or his Father and the false Inquisitions on feigned Titles against many Hundred years Possession and no Travers or Petition of Right admitted thereunto nor any Bar to it except Letters Patents which when produced were also declared void so that 150 of them were avoided in one Morning so little regard was had to the great Seal which is the publick Faith of the Kingdom And the Jurors were forced even by infamous Punishments to find such Inquisitions against their Consciences 3. That the Graces granted by the King and his Father were rendered unprofitable and fruitless to the Natives by the immortal Hatred of Sir William Parsons and the impeached Judges and their Adherents so that the publick Faith involved in those Grants was violated 4. That by the many wilful and erronious Decrees in the Court of Wards the Heirs of Catholicks were cruelly dealt with destroyed in their Estates and bred in Dissolution and Ignorance their Parents debts unsatisfied their Brothers and Sisters unprovided for Mesne Tenures unregarded Conveyances for valuable consideration avoided against Law and the whole Kingdom filled with Swarms of Escheators Feodaries Pursivants e. 5. That the Catholicks have without Reluctancy or repining contributed to all the Subsidies Loans and extraordinary Grants made to His Majesty amounting to Well near One Million of Pounds over and above his Revenue and thereunto were the most forward and thereof bore nine parts of Ten yet their Adversaries by the Opportunity of their continual Addresses to His Majesty to increase their Reputation in getting in of those Moneys and their Authority in distribution thereof to His Majesties great Disservice assumed to themselves to be procurers thereof and represented the Catholicks as obistnate and refractory 6. That the Army raised here with great charge was disbanded by the pressing importunity of the Malignant Party in England because they said it was Popish and therefore not to be trusted and although that Malignant Party did invade his Majesties Prerogative and Sir William Parsons and Sir Adam Loftus did declare that an Army of Ten Thousand Scots would come to Ireland to force the Catholicks to change their Religion and that Ireland would never do well without a Rebellion to extirpate the Remainder of the Natives and though Wagers were laid at the Assizes that within a Year no Catholick should be left in Ireland and though they saw the Irish Parliament unjustly incroach'd upon by the Acts and Orders of the Parliament of
England in sending for and impeaching one of the Members then sitting and that it was declared in Print by their order that Ireland if nam'd is bound by an English Statute which is against Law and Custom for Four Hundred Years past and though they had notice of the Protestation made by the English Parliament against Catholicks and their Intention to make Laws for the extirpation of that Religion in the Three Kingdoms and had notice of the cruel and bloody Execution of Priests in England meerly for being Priests and that his Majesty had not power enough left to save one condemned Priest and that the Catholicks of England being the Parliaments own Flesh and Blood must either suffer or depart the Land and much more must the Irish being not so nearly related to them if they should once get Jurisdiction in Ireland yet all this did not prevail with the Remonstrants to take Defensive much less Offensive Arms they still expecting that His Majesty in a short time might be able to yeild them Redress 7. That the Lords Justices c. by untrue Informations and other malicious Contrivances did endeavour to hinder His Majesty from granting Graces to the Irish Committee of Parliament but not prevailing in that they endeavoured to delay and stop them and by misconstruction and misrepresentations of the Irish Parliament endeavoured to possess His Majesty with an ill Opinion thereof and That it had not Jurisdiction in Capital Causes thereby aiming at the Impunity of those Impeached and the Destruction of the Parliament to which that power is essential and that the Lords Justices and their Adherents with the height of Malice envying their Union endeavour'd to sow Dissention in the Irish Parliament and to raise distinction of Nation and Religion and thereby made a Faction which to prevent the Graces passing into Acts Tumultuously cryed to Adjorn the House but being over-voted the Lords Justices said that if they did not Adjorn the Saturday themselves would Prorogue or Adjorn the Parliament on Monday by which means and the multitude of Proxies from Lords that have no Estate in Ireland which is destructive to the Liberty and freedom of Parliament here the Parliament was Adjorn'd on the 7 th of August and tho' the Graces were brought over soon after and the Committee desired the Lords Justices would give notice of them to the People to prevent misunderstanding or despair and an instrument was provided accordingly yet the Lord Justices willing to add Fuel to the Fire of the Subjects discontent did forbear to make such-Publication 8. That many Petitions containing matters Destructive to the Lives Estates and Religion of the Catholicks and directed to the House of Commons in England were promoted at publick Assizes to get hands unto them by Sir William Parsons Sir Adam Loftus Sir John Clotworthy and Arthur Hill Esq and others of the Malignant Party which were the more dreadful because of the said Clotworthy's power in the Parliament of England and his Barbarous and Inhuman expressions in that House against Catholicks and soon after an Order made by that Parliament Not to bow at the name of Jesus came to the knowledge of the Catholicks as also that the Malignant Party there did contrive and Plot to extingish the Irish Religion and Nation Hence some of them considered the deplorable condition they were in by a Statute of 2 Eliz. found amongst the Records but never executed in the Queens time nor discovered till most of the Members of that Parliament were dead which if executed no Catholick could enjoy his Life Liberty or Estate and yet nothing hindred but the Kings Prerogative which the Malignants endeavoured to destroy and then the Plot of Destruction by an Army out of Scotland and another of the Malignant Party in England must be executed the fear of these twofold Destructions and their ardent desire to assert the Prerogative Necessitated some Catholicks to take Arms in maintainance of Religion His Majesties Rights their own Lives Liberties and Estates and immediately thereupon took a solemn Oath and sent several Declarations to the Government and offered to submit to the Parliament of Ireland but the Offers were slighted and the Parliament Prorogued and a Declaration Issued on 23 October Accusing all Catholicks of Disloyalty but upon Application of Catholicks of Quality that the Prorogation was against Law and that a Session of Parliament was the only means to compose matters the Lords Justices knowing that but few would appear yielded to a short Session but limited it so that no Act of Grace or any thing for the Peoples satisfaction might pass that the few that met tho' disarm'd and not permitted a Servant and awed with Muskets presentto their Breasts yet desired leave to sit a short time to expect their fellows and to quiet the Insurrection and that the Graces might be Enacted but this was denied and instead of it a Declaration was propounded that these DISCONTENTED Gentlemen took Armâ— in Rebellious manner which was much resented by the best affected in both Houses but being informed that the Musqueteers had Order to shoot some of them at their going out they through terror gave way to that Declaration 9. However the greater part of the Catholicks and all Cities and Corporations and whole Provinces stood quiet and yet the Lords Justices knowing that many powerful Members of the English Parliament stood in opposition to his Majesty they sent their Addresses to that Parliament stuffed with Calumnies and propos'd to send over Forces to Conquer the Kingdom and they also Arm'd the Malignants in Ireland and the Catholicks even in Dublin and other Cities were not only denyed Arms for their Mony but also Disarm'd and when the Parliament had ordered a Pardon to all that should submit by a day limited Sir William Parsons contriv'd it so that it was publish'd only in two Counties and a short day prefix'd and Freeholders were therein excepted whereby it was manifest the Estates of Catholicks were first aimed at and then their Lives Moreover Sir Charles Coot was sent into Wicklow where he destroy'd Man Woman and Child that had neither Will nor Power to do hurt and others at Santry near Dublin Murdered innocent Husbandmen some whereof were Protestants mistaken for Catholicks meerly to force Fingal to Arms And tho' Complaint was made yet no Redress could be had and therefore the fear of being Murdered oblig'd the Catholicks to quit their Houses and to stand together in their own defence unprovided of Arms as they were hereupon a Proclamation issued 13 December not published till the 15 th requiring George King and others to come in and promising them Protection and another to summon the Lords of the Pale to meet at Council the 17 th But to prevent the effect of these Proclamations the same 15 th of December Sir Charles Coot was sent to burn Clantarf Mr. Kings House and use all acts of Hostility which he performed and this breach of Faith discourag'd the Lords of
the Pale from appearing at Dublin and forc'd them to defend themselves however they sent his Majesties sworn Servant Lieutenant Collonel Read to represent their Case to his Majesty but he was not only stopped but also Racked at Dublin 10. That the Lord President of Munster by direction of the Lords Justices that Province being quiet put to death Men Women and Children without distinction and mistrusted and threatned the Catholick Nobles and Gentry and Arm'd inferior fellows and the Province of Conaught was used in like manner so that in these Provinces the Catholicks were forc'd on their defence still waiting his Majesties Pleasure and ready to obey his Commands whilst the Lords Justices c. were busie by Addresses to the Malignant Party in England to deprive the Irish of all hopes of his Majesties Justice and Mercy and to plant a perpetual enmity between the Enemy and them 11. That whereas Ireland since the Reign of Hen 2. hath had its own Parliament with equal Power Priviledges c. to that of England and only dependant on the Crown in all which time there is no President that a Statute made in England had any force in Ireland until Enacted there Now by false suggestions an Act of Adventurers 17 Car. hath past in England whereby the Irish unsummon'd and unhear'd are declared Rebels and two Millions and a half of Acres of their Land dispos'd of which Act tho' forc'd on his Majesty and in it self unjust and void yet continues of evil consequence and extream prejudice to his Majesty and totally destructive to the Irish Nation for tho' the scope seems to aim at Rebels only yet the words include all the Irish and takes away many of his Majesties Tenures and much of his Revenue and therefore they protest against it as an Act without President and against the Kings Prerogative and the Fundamental Laws of the Kingdom and by colour whereof the Protestant Army disavow his Majesties Authority and depend on the Parliament 12. That strangers in Dublin being banish'd thence by Proclamation were by direction of the Lords Justices pillaged as soon as they got without the Town and what they left in the Town was confiscated and their desire to return under Protection was denyed that Catholicks quiet and under Protection were by the Lords Justices Order sooner destroy'd plundered or killed than those in Action and Quarter daily violated and others that came to Dublin for retreat and shelter were Imprisoned and Tryed for their Lives and Dublin Cork Youghall Kinsale and Tredagh that opened their Gates to his Majesties Forces are worse us'd than the Israelites in Egypt so that it will be made appear that more murthers breaches of publick Faith and Quarter more destruction and desolation and more cruelty not fit to be nam'd were committed in less than Eighteen Months by the direction and advice of the Lords Justices and their Party of the Council than can be parallel'd to have been done by any Christian people 13. That the Lords Justices have against the fundamental Laws procured several Sessions of Parliament tho' Nine parts of Ten of the genuine Members are absent it being inconsistent with their safety to come under the Power of the Lords Justices and in their room are Clerks Soldiers and Serving-men introduc'd into the House of Commons not at all Elected or not Legally Chosen and not having Estates however they have made Orders and releas'd Traytors Impeach'd in full Parliament and passed or might have passed some Acts against Law and prejudicial to his Majesty and the Nation and have also kept Terms only by false and illegal Judgments and Outlaries to Attaint many thousand good Subjects without Summons or Notice and obscure Men are made Sheriffs and Servants and Mechanicks are made Jurors to pass upon the Lives and Estates of those who came in upon Protection and publick Faith Wherefore and to settle the Revenue and prevent desolation and effusion of Blood and to procure the satisfaction of his Subjects who were willing to imploy 10000 men in defence of his Royal Rights they pray his Majesty to give gracious Answers to these Just complaints and to call a Free Parliament in an indifferent place before some Person of Honor and Fortune of approved Faith to his Majesty and acceptable to the People of Ireland who may be speedily Invested with the Government and that in such Parliament their grievances may be redress'd and Poynings Act suspended pro hac vice and either continued or Repeal'd as shall be thought fit and that no matter whereof complaint is made in this Remonstance may debar Catholicks from Sitting and Voting in such Parliament c. Delivered by the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot John Welsh Authorized by the Confederates 17 March 1642. to his Majesties Commissioners at Trim to be presented to the King Appendix VI. The Substance of the Answer of the Protestant Committee to the false and scandalous Remonstrance of the inhumane and bloody Rebels of Ireland given unto His Majesty at Oxford in May 1644. THAT the Remonstrants were not necessitated to take up Arms for their Religion for they were not troubled or so much as questioned about it for a long time before the Rebellion nor for His Majesties Prerogative for there were no Opponents of it in Ireland except the Remonstrants who have usurped all the King's Prerogatives as well as the Subjects Estates and have printed an Order of their general Assembly to exclude all Temporal Government and Jurisdiction but what is approved or instituted by that Assembly or the supream Council nor for their Lives Liberties and Estates because they had the Protection of the Law and His Majesties Government and not one Instance can be produced that a Papist quatenus a Papist ever suffered unpunished Violence from a Protestant either in Person or Estate except in open Rebellion And as to the just Liberties of Subjects wherein the Protestants are as much concerned as the Remonstrants they were never so fully and freely enjoyed in Ireland as at the Time of the Insurrection so that there was no Necessity to murther and rob the Protestants for the Preservation of the Confederates Nor have any of their Addresses since the Rebellion been slighted or suppressed Their first was from Cavan of the Sixth of November and received a mild and favourable Answer and was forthwith certified to the Lord Lieutenant The second was from seven Lords of the Pale then in Rebellion who refused upon safe Conduct to come to the State but desired Commissioners might be appointed to confer with them and though such a Condescention was thought dishonorable since it was the others duty to come to the Government yet both the Request and Answer were transmitted to the Lord Lieutenant Their third Address was from the united Lords by the Mediation of the Earl of Castlehaven 23 d. of March when His Majesties Army had raised the Siege of Tredagh and were Masters of the Field however
rid of some of His Majesties English Judges and Officers whom they cannot endure to bear rule over them though they saw the Kingdom prospered above any former Times under their Labour and Travel And it is untrue that the Protestants did envy the good Union of both Houses on the contrary they laboured to cherish and confirm it but if any Protestant opposed the Remonstrants upon any point how reasonable soever they presently clamour that it is done out of Malice against them and the Nation which is an unjust Obloquy and though the Pupists made daily Cabals yet the Protestant Members never had but one private Meeting and that without the Lords Justices knowledge and at that Meeting there were some Papists and the Design of it was to prevent an Impeachment intended by some of the Irish against those that were concerned in the Grand Inquisition of the Kings Title to Conaugth the Plantation of which Province with English the Natives abhorred as that which would have frustrated all their Evil Designs And as to the Session of the 11 th of May 1641 it continued very long viz. to the 7 th of August and was unprofitably spent in Protestations Declarations Votes upon Queries the Stay of Soldiers from going over Seas and private Petitions and it is untrue that there was any Certainty of the Committees being at the Water-side at the Time of Adjornment so on the 14 th of July the Lords Justices sent to both Houses to consider of a Time of Adjornment because the Harvest was approaching and the House was thin and on the 30 th of July the Commons desired the Adjornment might be delayed till the 7 th of August and on the 2 d. of August the Lords licensed the Judges to go their Circuits and the same Day the Commons desired the Adjornment might be from the 7 th of August to the 9 th of November to which the Lords agreed and on the 5 th of August a Committee of both Houses attended the Lords Justices with notice thereof and they consented thereunto by Order to be entred in the Houses as by their consent On the 6 th of August there arrived the Earl of Roscomon with a Letter from the Committee importing that they were busie about their Dispatch at London whereupon the Lords sent to the Commons that they continued their Opinion for the Adjornment and accordingly they did adjourn the next Day so that there is no Ground for the Calumny on the Lords Justices that they threatned to prorogue them or purposed to prevent the passing the Graces not then arrived into Acts. But those Remonstrants having broken Faith with His Majesty and all his faithful Subjects do take liberty to asperse his Governors and well affected Officers whom they desire for ill Ends to make odious to the People Lastly They close this Article with an Untruth for the Lords Justices did immediatly after the Arrival of the Committee write to all the Ports of the Kingdom with Briefs of the Graces concerning matters of Customs commanding the Officers to obey those Directions they also published Proclamations for transporting Wool and what Customs were payable for the same They sent Warrants for free Entries of Tobacco and what Customs were payable for it they gave Order for a Bill to be drawn for a Repeal of the preamble of the Act of Subsidies they also desired Sir James Mongomery and Sir William Cole to give notice to the Undertakers of Vlster of the Graces intended to them and they had formerly sent over the Bill for a General pardon and most of the rest of the Graces were to be executed in Dublin and respected the Regulation of the Courts there for which the Approaching Term was the proper Season But the Remonstrants had not patience to expect that but resolved to be their own Carvers and dispose of the King's Revenue and the Protestants Estates as they thought fit As to the Eighth Article the prodigious Tale of the Petition is untrue And but that these Remonstrants care not what Detractions how untrue and improbable soever they print or publish against those they hate they would not have averred this Story without producing a Copy of a Petition signed by so many Thousands but the Truth is the four Persous named had no hand in any Petition but there was indeed a Petition which reflected more upon the Protestant than the Popish Clergy but as soon as the Lords Justices had notice of it they got the Original into the Clerk of the Councils Office where it still lies What Sir John Clotworthy did or said in the Parliament of England was not known to the Protestants of Ireland nor is it material nor do they believe that any thing was then moved plotted or contrived against the Remonstrants or that the English Parliament resolved any destructive Course against them till after the Rebellion begun though the Remonstrants by confounding Times would use it as a Cover for their inhuman Perpetrations As for the Statute of 2 Eliz. the Remonstrants find fault with it because by repealing by Queen Mary's Act of Repeal it revives the necessary Statutes made by Henry 8 th against Papal Incroachments and Usurpations without which the Papists being dissolved from their dependence on the King's Auchority in matters Ecclesiastical would transfer that half of his Sovereignty to the Pope who might discharge their Allegiance in civil Causes as he hath often done here and elsewhere for as to the Penal part that Statute mitigates the Crime of Advancing foreign Jurisdiction which being Treason before is by that Act not made Treason till the third Offence after two Convictions and as to that part of the Statute about Officers and suers of Livery to take the Oath of Supremacy they have found so many Instances of His Majesties indulgence to them in that particular that it is ingratitude in them to complain And if they mean the second Chapter of secundo Eliz. it is answered that what Noise soever that Statute hath made yet it hath done very little Execution but the Complaint as if those Statutes were forged or had lain dormant till most of the Members of that Parliament were dead is of all other the most shameless for those Statutes were published in print with the rest Anno 16 Eliz. and were soon after too sparingly indeed put in Execution as appears by the Records but 't is true the second Chapter could not be executed because the Papists universally came to Church till of later Days and the Name of Recusant was not then known But afterwards when Popery became more bold and dangerous that Act was sometimes put in Execution but without danger to any Man's Life or Estate for the Penalty was but Nine Pence a Sunday and the Laws in England against Popery are very much more severe and yet upon this slender Ground and the vile Fiction of sending 10000 Scots which was never thought of till long after the Rebellion broke out do these
released and the informer dismissed with ten pounds and a Suit of Cloaths or some such Reward 5. Hereunto may be further added another not so plain as the former that about the same time the Lord Baron of Dunsany did ride in disguise throughout all the parts of Munster pretending to satisie his curiosity in the knowledge of Places and Persons he not being discovered until his return at the Birr where having offered himself to be bound for one of his Company he writ himself in his own stile being loath to leave under his Hand a testimony of his disguised Person and assumed Name Hereunto may be added a Motion made by the Recusant Party in the Parliament of Ireland for hindring the sending away of certain Colonels with their Forces raised in the Kingdom and pretended to be for Service of Foreign parts many wondring it should proceed from them but therein considering these their former Practices their intentions may be discovered to be far different from what others conceived thereof who assented thereunto the imploying so many Thousands abroad being a great weakening of the Forces they purposed for this their soon after following Rebellion To descend now from the Antecedents of this Treason to the falling in thereupon and lastly to the consequents and what thereby hath been intended supposing it to succeed and that it attained the desired effect which by them was not doubted of And first for the entrance thereinto howsoever that the ground-work were long since laid yet would they not have it so to seem But new occasion must be found as the sole Cause of their breaking Out this being intended for the satisfying the minds of such of their own as have not hitherto been acquainted with the depth and mystery of this iniquity that they might not stand amazed at the suddenness of the undertaking or stand off from joyning with them in the worst part of their designs it being an apparent Rebellion The fittest means for this must have been by casting aspersions on the present Government which if long tolerated would prove extreamly dangerous not only to their Religion but their Lives and Posterity For effecting hereof reports were cast out that in the Parliament of England the cutting off of all the Papists in Ireland of what degree soever was concluded upon the Execution of that resolution being committed to the Counsel in Ireland The Lords Justices said they had laid down a day for this work being the 23 d. of November then next following and now last past or thereabouts for the better more secure and more secret managing of this pretended Plot such of the Popish Nobility and Gentry of both Houses as appeared in Parliament at Dublin should be secured And for the drawing together of the rest amongst other pretences this alledged to be one That his Majesties Rents were purposely omitted and not called upon in Easter Term with that earnestness as formerly and that such as made default should be Summoned to appear in Michadmas Term at Dublin and there surprised such of them as were in the Country wanting the Heads being easily cut off They say that this pretended Plot was I know not how discovered to them so that for the safety of their Lives and Profession they were inforced to stand upon their Guard and to Counter-work that day of the 23 d. of November laid for their Destruction by their declaring themselves in Arms on the 23 d. of October a Month before The serious part of this discourse was related to me by a Fryar intimate in their Counsel and by a Priest a Popish Vicar General thereby to give me satisfaction and to justifie their proceedings whose Names I do for the present forbear In respect of his Majesties Service By others also it was informed that this Plot was mainly intended in that Session of Parliament next after the Earl of Straffords beheading and the manner concluded upon In the Popish private meetings which were then observed to be frequent and by some suspected might prove dangerous and that for discovery of what provision of Arms and Ammunition our store of Dublin afforded it being by some suspected that most was sent before to Carrickfergus one of the Popish Faction in the House of Commons put one of the Protestant Members to move ☜ that some of the Earl of Straffords men had cast out some threatning Words against the Parliament in revenge of his Lord which could not be conceived to end in less than a Blowing up of the whole Houses of Parliament the Store lying under them whereupon a Committee of both Houses many of them prime Papists were appointed to make search in all the corners of the Store amongst these the Lord Mac Guire was one who was observed without ocasion to be liberal in disposing of Mony to some of the Officers of the Store in a way more than was ordinary with him The last Sessions of Parliament being Prorogued and the time drawing nigh for putting their design in Execution there was a great meeting appointed of the Heads of the Romish Clergy and other Laymen of their Faction said to be at the Abby of Mullifarnam in the County of Westmeath where is a Convent of Franciscans thereof openly and peaceably possessed for many years last past the day of their meeting being also on their Saint Francis day about the beginning of October last but the time and place I cannot considently affirm yet howsoever the several opinions and discussions are as follow like as I have received it from the said Fryar a Franciscan and present there being a Grardian of that Order where among many other things there debated the question was what course should be taken with the English and all others that were found in the whole Kingdom to be Protestants The Council was therein divided 1. Some were for their Banishment without attempting on their lives for this was given the Instance of the King of Spains expelling out of Granado and other parts of his Dominions the Moors to the number of many Hundred thousands all of them beirg dismissed with their Lives Wives and Children with some part of their Goods if not the most part that this his way of proceeding redounded much to the Honour of Spain whereas the slaughter of many Innocents wouls have laid an everlasting blemish of Cruelty on that State that the like usage of the English their Neighbors and to whom many there present owed if no more yet their education would gain much to the cause both in England and other parts That their Goods and Estates Seized upon would be sufficient without medling with their Persons that if the contrary course were taken and their Blood spilt besides the Curse it would draw from Heaven upon their cause it might withal incense and provoke the Neighbor Kingdom of England and that justly to take a more severe revenge on them and theirs even to extirpation if it had the upper hand 2. On the other
by any Ships or other Vessels of what Country or Nation soever under their Power or Command or Waged Imployed or Contracted with on their behalf or by any Forts Garrisons or Forces within this Kingdom under their Power in their coming to this Kingdom or returning from thence 4. It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above named Parties do promise and undertake for and in the behalf of those for whom they are Authorised as aforesaid that all Ships Barks and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands of such as shall obey the Articles of this Cessation from any Potts in the Kingdom of England having his Majesties Pass or the Pass of any who is or shall be His Majesties Admiral or Vice-Admiral or the Pass of any Governor or Governors of any the Ports in England in his Majesties Hands or which shall hereafter during this Cessation be in his Majesties Hands or the Pass of the said Marquess shall not be interrupted by any of those for whom the said Lord Viscount Muskery and the rest of the above named Persons are Authorised as aforesaid neither in their coming to this Kingdom or in their return so as they use not any acts of Hostility to any of their said Party And this to be a Rule until his Majesties Pleasure be further declared therein upon application of the Agents of the said Roman-Catholick Subjects now in Arms c. to His Majesty 5. It is concluded and accorded and the said James Marquess of Ormond doth promise and undertake for and in the Name of His Majesty that no interruption shall be given by any Ship or Ships under his Majesties Power and Command or Waged Imployed or Contracted with by or in the behalf of his Majesty or by any of his Majesties Forts Garrisons or Forces within this Kingdom to any Ship or Ships that shall Trade with any of the said Roman-Catholicks who are now in Arms c. or any of their Party or which shall come in or go out of any the Cities Towns Harbours Creeks or Ports of this Kingdom in the hands of the said Roman-Catholicks now in Arms c. with Arms Ammunition Merchandise Commodity or any thing whatsoever during this Cessation As on the other side the said Donogh Viscount Muskery and the rest above named of that Party do promise and undertake for and in the behalf of those by whom they are Authorised that no interruption shall be given by any Ship or other Vessel whatsoever under the Power and Command of their Party or Waged Imployed or Contracted with by or in the behalf of their Party or by any Forts Garrisons or Forces within this Kingdom in their Power to any Ship or ships that shall Trade with any of his Majesties Subjects obeying this Cessation or which shall come in or go out of any of the Cities Towns Harbours or Ports of this Kingdom which shall obey this Cessation with Arms Ammunition Merchandise Commodity or any other thing whatsoever during this Cessation Provided that no Ship or Ships shall be admitted free Trade by colour of this Article but such as are warranted by the precedent Articles 6. It is Concluded and Accorded that the Quarters in the Province of Leinster be as followeth viz. That the County of Dublin the County of the City of Dublin the County of the Town of Droghedagh and the County of Lowth shall remain and be during the Cessation in the possession of his Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting unto the said Roman-Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed in the said Counties or any of them by any of the said Party And it is further Concluded and Accorded that as much of the County of Meath as is on the East and South-side of the River of Boyne from Droghedagh to Trym and thence to the Lordship of Moylagh and thence to Moyglare and thence to Dublin shall during the said Cessation remain and be in the possession of His Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting to the said Roman-Catholick Subjects now in Arms and their Party all such Castles Towns Lands and Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by any of the said Roman-Catholick Subjects now in Arms c. and of their Party within the said Limits and Boundaries and that the Residue of the said County of Meath shall remain in the Hands and Possession of the said Roman-Catholick Subjects now in Arms c. and their Party except the Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said last mentioned Quarters in the County of Meath by his Majesties Protestant Subjects and such as adhere unto them or by any of them respectively And that so much of the County of Kildare as is on this side of the Liffy where Naas is situate and on the other side of the Liffy from Dublin Westward into the County of Kildare so far as the Rye water at Kilcock and so far betwixt that and the Liffy as shall be at the same distance from Dublin as the said Rye Water is at Kilcock on that side of the Liffy shall during the said Cessation remain and be in the Hands and Possessions of his Majesties Protestant Subjects and their Adherents respectively except such Castles Towns Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said Quarters by the said Roman-Catholick Subjects who are now in Arms c. and their Party and that the residue of the said County of Kildare shall remain in the hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by his Majesties Protestant Subjects and their Adherents respectively within the said last mentioned Quarters in the said County of Kildare And that the several Counties of Wicklow West Meath Kings County Queens County Catherlagh Kilkenny County of the City of Kilkenny Wexford and Longford shall during the said Cessation remain in the Hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said County by
or any of them be taken off the File annulled and declared void First by your Majesties Proclamation and after by Act to be passed in the said free Parliament Answ This we conceive to be a very bold Proposition not warranted as we also conceive by any Example and tending to introduce an ill President in After-times for that was never seen that the Records were taken off the File but where there was some Corruption or Fraud or some illegal or unjust Carriage used concerning the procuring or making up of such Records and the same first we 'll proved upon due Examination and that may not only conceal but in some sort seem to justify their abominable Treasons Murders Cruelties Massacres and Plunders acted against your Majesties Person Crown and Dignity upon the Persons of your Majesties most Loyal Protestant Subjects in that Kingdom and encourage the Papists to do the like again besides the discouragement it may beget in your Majesties Officers and Subjects to do their duties in the like Insurrections which may happen hereafter which also may prove very prejudicial to your Majesties Rights and Revenues if the Records to support the forfeitures wherein many of them are or may be grounded should be taken off the File and Cancelled 5. Prop. That inasmuch as under colour of such Outlawries and Attainders Debts due unto the said Catholicks have been Granted Levyed and disposed of and of the other side that Debts due upon the said Catholicks to those of the adverse Party have been levyed and disposed of to publick use that therefore all Debts be by Act of Parliament mutually released or all to stand in Statu quo notwithstanding any Grant or Dispossession Answ We humbly conceive that in time of Peace and most setled Government when the course of Law and Justice is most open and best observed that Debts due unto the Crown actually levyed and paid in to your Majesties use ought not to be restored though the Records of the Forfeitures should be legally reversed which is far from the present Case and this Proposition tendeth to cross that just right of your Majesty and to make the disposition by the Confederate Papist Rebels of Debts due to Protestants and by the said Rebels by Fraud and Force levied and disposed in maintenance of their Rebellion which cunningly they call by the name of Publick use to be in equal degree to the debts owing by the Rebels and by them all forfeited and many of them by Law duly levyed which is a most unequal and unjust thing and the said Proposition cannot nor doth make offer to have the Pope's Confederates cut off from the debts due to them which they have justly forfeited but only for a colour of consideration to have the Protestants lose such Debts justly due to them as have been unjustly taken from them who have done no Act at all to forfeit them 6. Prop. That the late Officers taken or found upon feigned or old Titles since the Year 1634 to intitle your Majesty to several Counties in Connaught Thomond the County of Tipperary Limrick Killkenny and Wicklow be vacated and taken off the File and the Possessors thereof setled and secure in their antient Estates by Act of Parliament and that the like Act of Limitation of your Majesties Titles for the security of the Estates of your Subjects in that Kingdom be passed in that Parliament as was enacted in the One and Twentieth Year of his late Majesties Reign in this Kingdom Answ We know not of any Offices found or feigned Titles nor what the Confederates may demand in respect of any Graces promised by your Majesty which we intend not nor have any occasion to dispute but do humbly conceive that all those who have committed Treason in the late Rebellion subsequent to your Majesties Promise of those Graces have thereby forfeited the benefit thereof together with the Lands to which the said Graces might else have related and so their whole Estates are now justly fallen to your Majesty by their Rebellion which we conceive is of great importance for your Majesties Service to be taken into consideration As First with regard of the Statutes made in the present Parliament of England Secondly that necessary increase of your Majesties Revenue decayed by the present Rebellion Thirdly the abolishing the evil Customs of the Irish and preservation of Religion Laws and Government there Fourthly the satisfaction of the Protestant Subjects losses in some measure Pifthly the Arrears of your Majesties Army and other debts contracted for the War and for preservation of that Kingdom to your Majesty Sixthly the bringing in of more British on the Plantation Seventhly the building of some walled Towns in remote and desolate places for the Security of that Kingdom and your Majesties good Subjects there Eighthly the taking of the Natives from their former dependency on their Chieftains who usurped an absolute Power over them to the diminution of all Regal power and to the oppression of the Inferiors 7. Prop. That all Marks of Incapacity imposed upon the Natives of that Kingdom to purchase or acquire Lands Leases Offices or Hereditaments be taken away by Act of Parliament and the same to extend to the securing of Purchases Leases or Grants already made and that for the Education of Youth an Act be passed in the next Parliament for the erecting of one or more Inns of Court Vniversities Free and Common-Schools Answ This we conceive concerneth some of the late Plantations and no other part of that Kingdom and that the restriction herein mentioned is found to be of great use especially for the indifferency of Trials Strength of the Government and for Trade and Traffick and we humbly conceive that if other Plantations shall not proceed for the setling and securing of the Kingdom and that if no restraint be made of Popish purchasing or buylng of the Protestants out of their former Plantations where they were prudently setled though now cast out of their Estates by the late Rebellion and unable to plant the same again for want of means and therefore probably upon easie Terms will part from their Estates to the Confederates that those Plantations will be destroyed to the great prejudice of your Majesties Service and endangering of the Safety of that Kingdom Touching bearing of Offices we humbly conceive that their now Conformity to the Laws and Statutes of that Realm is the only Mark of Incapacity imposed upon them We humbly conceive that we ought not to expect to be more capable there than the Englssh Natives are here in England In like manner for Schools in Ireland there are divers setled in that Kingdom already by the Laws and Statutes of that Realm if any Person well affected shall erect and endow any more Schools there at their own Charges so that the School-masters and Scholars may be governed according to Laws Customs and Orders of England and the rest of Free-Schools here we cannot apprehend any just exception thereunto But
agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin and that such Students Natives of this Kingdom as shall be therein may take and receive the usual Degrees accustomed in any Inns of Court they taking the Oath already mentioned And that they may erect one or more Universities to be Governed by such Rules and Orders as His Majesty shall appoint And it is further concluded and agreed by and between the said Parties and His Majesty is graciously pleased that the said Roman-Catholick Subjects may erect and keep Free-Schools for education of Youth in this Kingdom any Law or Statute to the contrary notwithstanding all the matters of this Article to be passed as Acts of Parliament in the said next Parliament 8. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That Places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom and that upon the distribution conferring and disposal of the Places of Command Honor Profit and Trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities And that all his Majesties Subjects of this Kingdom as well Roman-Catholicks as others shall for his Majesties Service and their own security arm themselves the best they may wherein they shall have all fitting encouragement And the Places of Command Honour Profit and Trust in Civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman-Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of Command Honour Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman-Catholicks and others His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective merits and abilities and that in the distribution of Ministerial Offices or Places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman-Catholick Natives of this Kingdom as to other his Majesties Subjects That the Command of Forts Castles Garrisons Towns and other Places of Importance in this Kingdom shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garrisons Towns and other places of Importance in this Kingdom no difference shall be made between his Majesties Roman-Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities 9. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is further Graciously pleased that His Majesty will accept of the Yearly Rent or Annual Sum of Twelve Thousand Pounds Sterling to be applotted with indifferency and equality and consented to be paid to His Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite common Knights service and all other Tenures within the Cognizance of that Court and for and in Lieu of all Wardships primer Seisins Fines Ousterlemains Liveries Intrusions Alienations Mesne-rates Reliefs and all other Profits within the Cognizance of the said Court or Incident to the said Tenures or any of them or Fines to accrew to His Majesty by reason of the said Tenures or any of them and for and in lieu of Respites and Issues of Homage and Fines of the same And the said Yearly Rent being so Applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be Passed as an Act for the securing of the said Yearly Rent or Annual Sum of Twelve thousand pounds to be Applotted as aforesaid and for the Extinction and taking away the said Court and other matters aforesaid in this Article contained And it is further Agreed that reasonable Compositions shall be accepted for Wardships fallen since the 23 d. of October 1641. and already granted And that no Wardships fallen or not granted or that shall fall shall be past until the Success of this Article shall appear And if His Majesty be Secured as aforesaid Then all Wardships fallen since the said 23 d. of October are to be included in the Agreement aforesaid upon Composition to be made with such as have Grants as aforesaid which composition to be made with the Grantees since the time aforesaid is to be left to indifferent Persons and the Umpirage to the said Lord Lieutenant His Majesties Commissioner 10. It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies than two and that blank Proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within Five Years to begin from the conclusion of these Articles Purchase in this Kingdom as followeth viz. A Lord Baron two hundred pounds per annum a Lord Viscount four hundred pounds per annum and an Earl six hundred pounds Ster per annum shall lose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively And it is further agreed that none be admitted into the House of Commons but such as shall be Estated and Resident within this Kingdom 11. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that as for and concerning the Independency of the Parliament of Ireland on the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 12. It is further Concluded Accorded and Agreed by and between the said parties and His Majesty is further graciously pleased That the Council Table shall contain it self within it's proper bounds in handling matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices