the King appointed no small Provision was made for so eager a Combat as that was presupposed to have been But when the prefixed Day approached near Vescie turning his great Boast to small Roast began to cry Creak and secretly sailed into France King Edward thereof advertised bestowed Vescies Lordships of Kildare and Rathingan on the Baron of Ophaly saying That albeit Vescie conveyed his Person into France yet he left his Lands behind him in Ireland Mr. Pryn makes an Observation on this Case Pryn 259. as if an Appeal between Vescie and Fitz-Girald in Ireland had been adjourned to England But to make the Remark useful it is necessary not only to consider what he says but also to consult the Records which he cites William Hay 1294. Lord Deputy to whom a Writ was sent to admit Thomas Saintleger Bishop of Meath to be of the Privy Council And not long after John Fitz-Thomas return'd to Ireland big with Glory and Success which transported him to a Contempt of all his Opposers he began with Richard Burk Cambdens Ann. Earl of Vlster whom together with William Burk he took Prisoners in Meath by the assistance of John Delamere and confined them to the Castle of Ley. But he had not so good luck in Kildare which was made the Seat of the War so that between the English and Irish it was entirely wasted the Castle of Kildare was also taken and the Records of that County burnt by Calwagh Brother to the King of Ophaly And these Misfortunes were accompanied with great Dearth and Pestilence William Dodingzel Lord Justice found Work enough to struggle with these Difficulties and the rather because John Fitz-Thomas appeared again with a great Army in Meath But the Parliament soon after met at Kilkenny 1294. and obliged him to release the Earl of Vlster taking his two Sons Hostages for him And it seems that this did not satisfie the Complainants but that they impeached him at the Parliament in England Lib. GGG 23 E. 1. for divers Offences and Felonies done in Ireland Lambeth He protested he could clear himself by Law but because he would not Prin 259. cum ipso Domino Rege placitare he submits himself wholly to the King's Favour 1295. into which he was received upon Pledges for his future demeanour and 't is probable he was also obliged to release his Claim to the Castle of Sligo and other his Lands in Connaught which was the Occasion of all this Stir About Easter the King built the Castle of Beaumorris in Wales 1295. for the better security of a Passage to and from Ireland And about the same time Bishop Vsher's life 34. the King required Aid to marry his Sister to the Emperour and such as did contribute thereunto are mentioned in the Pipe-Rolls of the Exchequer In the mean time on the third Day of April the Lord Justice died and during the Interval of Government the Irish made use of the Opportunity and wasted great part of Leinster burnt Newcastle and many other Towns But at length the Council chose Thomas Fitz-Maurice Fitz-Girald Lord Justice he was nicknamed Nappagh Simiacus or the Ape because when his Father and Grand-Father were murdered Frier Russel M. S. at Calan the Servants on the news of it run out of the House as if distracted and left this Thomas in the Cradle whereupon an Ape which was kept in the House took up the Child and carried him to the top of the Castle of Traly and brought him down Safe and laid him in the Cradle to the admiration of all the Beholders This Lord Justice was Father of the first Earl of Desmond and was so great a Man that he is often styled Prince and Ruler of Munster But it seems he supplyed the Place of Lord Justice but a very short time for John Wogan 1295. Lord Justice arrived from England on the eighteenth of October He made a Truce for two Years between the Burks and the Giraldines and received a Writ to take the Fealty of the Abbot of Owny in the County of Limerick and having called a Parliament which it seems setled Matters to his Mind he went with a smart Party to aid the King in Scotland His Majesty nobly feasted them at Roxborough Castle and they in requital did the King very good Service But that you may see what sort of Parliaments were in Ireland in those Days I will present the Reader with a List of this Parliament Richard de Burgo Earl ofVlster Geofry de Genevil John Fitz-Thomas afterwards Earl of Kildare Thomas Fitz-Maurice Nappagh Theobald le Butler Theobald de Verdun Peter de Brimingham of Athenry Peter de Brimingham of Thetmoy Eustace de Poer John de Poer Hugh de Purcel John de Cogan John de Barry William de Barry Walter de Lacy. Richard de Excester John Pipard Water L'enfant Jordan de Exon. Adam de Stanton Symon de Phipo William Cadel John en Val. Morris de Carew George de la Roch. Maurice de Rochfort Maurice Fitz-Thomas of Kerry William de Ross 1296. Prior of Kilmainham was left Lord Deputy to Wogan but either the Irish did not fear him being a Clergyman or they thought this a time of Advantage whilst the Lord Justice and many of the Nobility and best Soldiers were in Scotland and therefore to improve it as they were used to do they rose in Rebellion in several Places Those of Slewmargy burnt Leighlin and other Towns 1297. But O Hanlon and Mac Mahon met with more Opposition in Vrgile for they were both slain John Wogan 1298. Lord Justice returned again from Scotland in October and throughly reconciled the Burks and the Giraldines and kept every thing so quiet that we hear of no Trouble in a great while except some Disturbance the Irish gave to the Lord Theobald de Verdun in attacking his Castle of Roch. Pollard Mony was now decryed both in England and Ireland 1300. and the King did again enter Scotland and sent to Ireland for Aid and wrote not only to the Lord Justice but also sent particular Letters to every one of the Nobility to attend him Whereupon the Lord Justice accompanied by John Fitz-Thomas Peirce Brimingham and many others made a second Expedition into Scotland with good Success In the mean time part of the City of Dublin and particularly S. Warberg's Church was burnt on S. Colme's Eve and the Irish were again at their usual Pranks taking Advantage of the Lord Justices absence who I suppose did again depute William de Ross and in Winter assaulted and burnt Wicklow and Rathdan 1301. but they were well paid for their pains and in Lent had been ruin'd but for the Dissention and Discord of the English and in the Harvest before some of the Irish also had their share of Civil Discord for they fell out amongst themselves so that the O Phelims and O Tools slew three hundred of the Birns
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
and after half a years abode there they went to Kilbritton in the County of Cork where Elianor Fitz-Girald Mac Carty Riagh's Widow then lived Soon after she married with O Donel and made it one of the Articles of her Agreement That he should protect her Nephew the young Fitz-Girald which he faithfully promised and thereupon they went together to Vlster but they were not there a Twelve-month before the Lady understood that her perfidious Husband had agreed to betray her Nephew and therefore she sent him privately into France and gave him sevenscore Pieces of Gold call'd Portugueses to bear his Charge and afterwards upbraided O Donel with his Treachery and told him That as nothing but the Preservation of her Nephew could have prevailed with her to marry such a clownish Curmudgen so since he villanously endeavoured to betray her in that Particular she would stay with him no longer and so away she went and never saw him more But the Young Fitz-Girald arrived safely at S. Maloes and being sent for up to Paris the English Embassador there demanded him of the French King by virtue of the Peace lately concluded The French King gave him a dilatory Answer and in the mean time Fitz Girald escaped to Flanders at Valencienes he was overtaken by James Sherlock whom the Embassador sent to pursue him but the Governour of that Town committed Sherlock and so Fitz-Girald got safe to Brussels but the English Embassador demanded him there also so that he was forced to remove to Leige and was by the Emperor recommended to the Bishop of Leige and allowed a hundred Crowns a Month for his Expence But he staid there not above half a Year before his Kinsman Cardinal Poole sent for him to Rome and placed him successively with the Bishop of Verona the Cardinal of Mantua and the Duke of Mantua and allowed him an Annuity of three hundred Crowns per annum and the Duke of Mantua gave him the like Pension With them he staid a Year and a half and then removed to Cardinal Poole's Palace in Rome where he continued three Years The next Year after he spent in Service with the Knights of Malta and behaved himself exceeding valiantly Then he became Master of the Horse to the Great Duke of Tuscany and continued in that Office three Years One Day as he was hunting Holingshead 99. in the company of Cardinal Farneze he fell into a Pit twenty nine Fathom deep and had the good Luck within two Fathom of the Bottom to quit his Horse and take hold of some Roots or Bushes that were on the Side of the Pit and by degrees he let go his Hold and gently descended upon his Horse which was dead in the Bottom of the Pit and there he stood three Hours up to the Ankles in Water until his Grey-hound called Griff-hound missing his Master hunted him to the Pit and there fell a howling till the Company came in and with a Rope and a Basket drew him up alive and well to all their Admirations to mine too if I did not think this part of the Story to be a little Monkish And since I am upon Digressions Analecta Hib. Sullevan Cath. Hist. 71. it will be fit to remember That Doctor Traverse who was an active Man in Fitz-Girald's Rebellion and was therefore executed at Tyburn as the Traytor well deserved has nevertheless found a Room in the Irish Martyrology and is mentioned as an Instance of the English Cruelty by the Irish Historians And so we will conclude the Year 1535 with the Consecration of George Brown Archbishop of Dublin Ware de Praesulibs which was performed by the Archbishop of Canterbury and the Bishops of Rochester and Salisbury on the nineteenth or rather twenty ninth of March he had formerly been Provincial of the Fryers of the Order of S. Augustine Bish Brown's Life in England And whilst he was so he used to Preach That Salvation was to be obtained by the Merits of Christ and advised to make Application to him only for which Doctrine he was much taken notice of He became the first Protestant Convert of the Clergy in Ireland and was an exceeding Charitable and Meek Man He was the first that caused Images and other Superstitious Reliques to be removed out of the two Cathedrals in Dublin and out of the rest of the Churches within his Diocess And he caused the Ten Commandments the Lord's Prayer and the Creed to be placed in gilded Frames about the Altar in Christ-Church Dublin It seems that the King did send Commissioners into Ireland to remove the Pope's Authority thence and to reduce it to conformity with England if so undoubtedly Archbishop Browne was one of the Commissioners as will appear by the following Letter sent by him to Cromwel Lord Privy Seal who was the chief Mannager of that Matter My Most Honoured Lord YOVR humble Servant receiving your Mandate Septemb. 4. 1535. as one of His Highnesses Commissioners hath endeavoured almost to the Danger and Hazard of this Temporal Life to procure the Nobility and Gentry of this Nation to due Obedience in owning of his Highness their Supreme Head as well Spiritual as Temporal and do find much oppugning therein especially by my Brother Armagh who hath been the main Oppugner and so hath withdrawn most of his Suffragans and Clergy within his See and Jurisdiction He made a speech to them laying a Curse on the People whosoever should own his Highness's Supremacy saying That this Isle as it is in their Irish Chronicles Insula Sacra belongs to none but the Bishop of Rome and that it was the Bishop of Rome's Predecessors gave it to the King's Ancestors There be two Messengers by the Priests of Armagh and by that Archbishop now lately sent to the Bishop of Rome Your Lordship may inform his Highness That it is convenient to call a Parliament in this Nation to pass the Supremacy by Act for they do not much matter his Highness's Commission which your Lordship sent us over This Island hath been for a long time held in Ignorance by the Romish Orders And as for their Secular Orders they be in a manner as ignorant as the People being not able to say Mass or pronounce the Words they not knowing what they themselves say in the Roman Tongue The common People of this Isle are more Zealous in their Blindness than the Saints and Martyrs were in the Truth at the beginning of the Gospel I send to you my very good Lord these things that your Lordship and his Highness may consult what is to be done It is feared O Neal will be ordered by the Bishop of Rome to oppose your Lordships Order from the King's Highness for the Natives are much in Numbers within his Powers I do pray the Lord Christ to defend your Lordship from your Enemies On the twenty eighth of April the King sent Orders to the Town of Galway to use the English Order 1536. Lib. H. Habit
the Regality of S. Peter I do Vow and Swear to Maintain Help and Assist the just Laws Liberties and Rights of the Mother Church of Rome I do likewise promise to confer defend and promote if not personally yet willingly as in Ability able either by Advice Skill Estate Mony or otherwise the Church of Rome and her Laws against all whatsoever resisting the same I further vow to oppugn all Hereticks either in making or setting forth Edicts or Commands contrary to the Mother Church of Rome and in case any such to be moved or composed to resist it to the uttermost of my Power with the first Convenience and Opportunity I can possible I count all Acts made or to be made by Heretical Powers of no force or to be practised or obeyed by my self or by any other Son of the Mother Church of Rome I do further declare him or her Father or Mother Brother or Sister Son or Daughter Husband or Wife Unkle or Ant Nephew or Neece Kinsman or Kinswoman Master or Mistriss and all others nearest or dearest Relations Friend or Acquaintance whatsoever accursed that either do or shall hold for time to come any Ecclesiastical or Civil above the Authority of the Mother Church or that do or shall obey for the time to come any of her the Mother Church's Opposers or Enemies or contrary to the same of which I have here sworn unto so God the Blessed Virgin S. Peter S. Paul and the Holy Evangelists help c. His Highness the Vice-roy of this Nation is of little or no Power with the Old Natives therefore your Lordship will expect of me no more than I am able This Nation is poor in Wealth and not sufficient now at present to oppose them It is observed That ever since his Highness ' s Ancestors had this Nation in Possession the Old Natives have been craving Foreign Powers to assist and rute them and now both English Race and Irish begin to oppose your Lordship's Orders and do lay aside their National old Quarrels which I fear will if any thing will cause a Foreigner to invade this Nation I pray God I may be a false Prophet yet your good Lordship must pardon mine Opinion for I write it to your Lordship as a warning And about Midsummer one Thady Birne a Franciscan Fryer was apprehended and was to be sent Prisoner into England to the Lord Privy Seal but the cowardly Sophister being told That he would certainly be hanged was seized with such a pannick Fear that he murdered himself in the Castle of Dublin on the twenty fourth Day of July and among other Papers the following Letter was found about him My Son O Neal THou and thy Fathers were all along faithful to the Mother Church of Rome Life of Bishop Brown 11. His Holiness Paul now Pope and the Council of the Holy Fathers there have lately found out a Prophecy there remaining of one S. Laserianus an Irish Bishop of Cashel Wherein he saith That the Mother Church of Rome falleth when in Ireland the Catholick Faith is overcome Therefore for the Glory of the Mother Church the Honour of S. Peter and your own Secureness suppress Heresie and his Holiness's Enemies for when the Roman Faith there perisheth the See of Rome falleth also Therefore the Council of Cardinals have thought fit to encourage your Country of Ireland as a Sacred Island being certified whilst the Mother Church hath a Son of Worth as your self and those that shall succour you and joyn therein that she will never fall but have more or less a holding in Britain in spite of Fate Thus having obeyed the Order of the most Sacred Council we recommend your Princely Person to the Holy Trinity of the Blessed Virgin of S. Peter S. Paul and all the Heavenly Host of Heaven Amen Episcopus Metensis And it is not to be doubted Ware 151. but the Irish had Solicitations from many others besides the Bishop of Mets for in the beginning of the following Year O Neal began to declare himself the Champion of the Papacy and having entred into a Confederacy with O Donel Macgenis Ocahane Mac William O Hanlon and others they joyntly invaded the Pale and marched to Navan burning that and Athirde and all the Country as they marched and thence they came to the Hill of Taragh where they mustered their Army with great Ostentation and so having taken a vast Prey and done abundance of Mischief they designed to return home But the Lord Deputy who foresaw this Storm 1539. had sent to England for Aid Holingsh 101. and Sir William Brereton who was newly returned to England was immediately sent back with two hundred and fifty Cheshire-Men It is reported of him That he broke his Thigh in two Places by a Fall from his Horse as he was exercising his Men and that nevertheless he was so Valiant and Zealous that he caused himself to be halled into the Ship by Pullies that the Succours might not be detained any longer In the mean time the Deputy Ibid. with the Forces of the Pale and the Mayors and Citizens of Dublin and Drogheda in May marched to Bellahoa where O Neal was encamped on the other side the River they marched all Night to surprize the Enemy and came to the River by break of Day The valiant Baron of Slane led the forlorn and having first substituted Robert Betoa his Standard-bearer instead of the cowardly Robert Halfpenny who declined the Adventure because of the Danger he rushed into the River and being well seconded by Mabe of Mabestown who was there slain though the Inconveniencies of passing the River were very great yet they at length got over routed the Gallowglasses slew Macgenis defeated O Neal and recovered all the Prey of the Pale and continued the Pursuit till Sunset The Deputy exceeded the rest as much in Courage as Authority and behaved himself exceeding bravely and after the Battle knighted Chief Justice Ailmer Talbot of Malahide Fitz-Simons Mayor of Dublin and Michael Cursy Mayor of Drogheda in the Field and well they deserved it for their good Service in obtaining so great a Victory which broke the Power of the North and quitted the Borders for some Years and yet there were not above four hundred of the Rebels slain But whilst the Deputy was in Vlster O Connor and O Toole made Incursions into the Pale and though they did much Mischief yet the Country suffered more by unseasonable Weather for the Summer was so hot that even some Rivers were almost dried up and the Autumn was very Sickly and Unwholesome and the Winter so excessive cold that multitudes of Cattle perished by reason thereof And now began the Abbots and Priors upon Assurance of Pensions Ware 152. during their respective Lives to surrender their Abbies and other Religious Houses to the King it would be too tedious to give a Catalogue of all that did so but these following should not be pretermitted because
the Ordinances already mentioned The Seventh Article is That if any of their Followers break the Peace they will prosecute and pursue him till he make amends And the Eighth is That they will not exact any Black Rents for the future from the Inhabitants of Cork Youghal or Kingsale And it seems that about this time Commissioners were appointed in every Province to decide the Controversies instead of Brehons viz. in Connaught the Bishops of Tuam and Clonfert and the Captains Wakely and Ovington in Munster the Bishops of Cork and Waterford and the Mayors of Cork and Youghal and in Vlster the Archbishop of Armagh and Lord of Louth And it is to be noted Davis 215. That these Submissions were so universally made all over the Kingdom that there was not a Lord or Chieftain of any note in Ireland but submitted in this or the like Form for they made no scruple to renounce the Pope when once they had resolved to obey the King And by these Means the Kingdom was so quiet and there was so great a Prospect of a Settlement that several of the Principal Lords of the Irish took Patents for their Estates and desired Titles of Honour according to the Law of England which hitherto they had despised But alass Ireland is an unfortunate Country that cannot be happy any considerable time and notwithstanding these dawnings of Felicity it must expect nothing but War and Desolation and this fourth general Submission of the Irish will be as vain and ineffectual as the other three and will manifest to the World That that Kingdom is not to be governed by Kindness but by Force But let us not anticipate our Misery by dreadful Prognostications of War but rather enquire into the management of Affairs during the short interval of Peace And first we shall find the great O Neal in September sailing toward England accompanied with the Bishop of Clogher and attended with many Gentlemen his Followers He came to the King at Greenwich where he was well received and having surrendred his Estate to the King and covenanted 1. To renounce the Name of O Neal. 2. That he he and his Followers should use English Habit Language and Manners 3. That their Children should learn English 4. That they should build Houses and husband their Land in English manner 5. That they should obey English Laws and not Cess their Tenants nor keep more Gallowglasses than the Lord Deputy allows And 6. That they should answer all general Hostings as those of the Pale do and shall not succour any of the King's Enemies On the first of October his Estate was regranted to him by Patent and he was created Earl of Tyrone for Life with remainder to his Son Matthew who for the present was made Baron of Dunganon in Tayl and two of his Followers Denis and Art Mac Genis were knighted and the Bishop of Clogher was confirmed and the Earl after his return was on the seventh Day of May sworn one of the Privy Council of Ireland In like manner the Earl of Desmond pursuant to his Promise repaired into England where he was graciously received and having made his Submission he returned with Orders likewise to be of the Privy Council In the mean time the Lord Deputy on the twenty fourth Day of May made an Order of Agreement between the Macgenis's and did the like between the O Carols on the second of July And on the fourth of July the O Birnes did submit by Indenture and granted the Town and Castle of Wicklow to the King and also surrendred to his Majesty the Castle of Mac Eningham and all spiritual Livings in their Possession Lib. D. They also covenanted to find one hundred and twenty Gallowglasses and their Servants for three Months when the Counties of Carlow and Kildare do so and twelve Horse and twenty four Foot at every Hosting and to raise their whole Force and keep them three days on any emergency And it is allowed by the Deputy that O Birn shall have twenty four Kerns called Kerne Tee for this year at the Charge of the Country as is usual wherewith he promises to aid the Sheriff and if O Birn misbehave himself the Lord Deputy may give the Kerns next year to whom he pleases And 't is agreed That no body shall keep Idlers but in his own House and concludes Quod si posthac ad morem Hibernicorum resilierit vel cum Hibernicis aliis susurraverit confederaverit vel consentierit impedire vel obstare Reformationi Hiberniae quam Dominus Rex intendit that then they will forfeit all And it seems that at the same time they proposed to have their Country made a County Davis 104. by the Name of the County of Wicklow and that in consideration thereof they would divide it into eight Plow-Lands and pay ten Groats per annum for ever to the King out of each Plow-Land On the 19th of November Thomas Butler was made Baron of Cahir and in the beginning of the next year Maurice O Bryan 1534. and Vlick Burk induced by the Example and Success of the Earl of Tyrone went to wait upon the King in England and having made their Submissions and surrendred their Estates O Brian obtained a Grant of all his Lands in Thomond and all the Abbies and Patronage of Benefices in the King's Gift within his Precincts to him and his Heirs Males and he was made Baron of Insiquine to him and his Heirs and Created Earl of Thomond for Life with a remainder to Donough O Bryan and his Heirs for ever who for the present was made Baron of Ibracane but whether this Donough were Nephew or Natural Son of the Earl's is not very plain This Lord of Ibrahcan had also an Annuity of twenty Pounds per annum granted to him in Tail and the Abby of Insula Canonicorum and half the Abby of Clare and the King bore the Earl of Thomond's Charges and gave him an Order to be of the Privy Council As for Vlick Burk he had likewise his Charges born and was Created Earl of Clanrickard and his Estate was regranted to him and the Abbies and Patronage of all Benefices within his Precincts The Cocquets of Galway were excepted in the Patent but in lieu of them the Earl had a Pension of thirty Pound per annum and the third part of the First-Fruits and the Abby of Via Nova or Confert And about the same time the Lord of Upper Ossory obtain'd a Grant for Fairs and Markets and the House of the Friars at Haghevo and the Monastery of Hackmacart and to each of these four Noblemen Davis 219. viz. the Earls of Desmond Tyrone Thomond and Clanrickard the King gave a House and a Parcel of Land near Dublin to encourage them to make their Appearance frequently at Court And it is to be noted Council Book of Ireland fol. 73. That many times the chief Governors of Ireland instead of Risings out and
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
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
Fitz Girald at Kilkenny Noble Sir I Am now advanced thus far on my way home after my accustomed long fruitlessâ—attendance upon the publick affairs being hopeful that in all this time some good effects would have been produced out of the forward and chearful Resolutions and Endeavours observed in you and many other Noble Persons upon your departure from hence and the good concurrence that was expected from many others well affected to a happy and speedy settlement but after Nine Weeks expectation there hath nothing occurred to my knowledge but the following particulars which I shall distinctly set down both to prevent mistakes in you and clear the aspersions that may be cast upon others 1. By Vote of the Assembly the total rejection of the Peace and of all other both publick and private overtures and undertakings that had relation thereto destroying the only possible means that could have united the Kingdom unto any hopeful way of preservation as affairs now stand in the Kings Dominions 2. A new Union Sworn grounded upon impossible undertakings if not in the Propositions themselves at least in the most material circumstances of securing them thereby excluding all hopes of Peace and setling and confirming a lasting divided Government 3. That being compassed for some seeming satisfaction to those that were drawn into it a plausible shew of some other accommodation was contrived but that being brought up to Dublin by Mr. Doctor Fennel and Mr. Geffery Barron with much assurance given by divers of all the satisfaction that such a change of resolutions could produce there appeared but a Verbal Message of some few general Heads they refusing to give it in Writing or to testify under their Hands what they acknowledgd my Lord Lieutenant took Verbatim from them neither would they assume any Power to make any particular explanations and yet earnestly demanded Resolutions with expedition This unexpected delay and continued uncertainty in such a nick of time after so many former breaches on your parts and so many warnings and true intelligence given you by others of the King 's being delivered up to the Parliament the vast Preparations by them made for Reducing this Kingdom and even those most faithful to his Majesties Service in England as forward as any to joyn therein finding themselves destroyed by the failing of the Peace here and the promised Assistance thereupon Your not long since invading and destroying the only remaining Party Obedient to the Kings Authority the small regard had by you of the approaching dangers and the divisions fomented and still encreasing amongst your selves did by an unavoidable necessity as I conceive beget a resolution in my Lord Lieutenant and those of his Party about Dublin to try some other expedient for their preservation and redemption out of the languishing starving condition they have these many Years with much patience endured and for my own part having long observed the high Affronts and Disrespects put upon my Lord Lieutenant and many other of His Majesty's Ministers and Servants and the largest proportion of Malice cast upon them when they were most industrious in the preservation of the Kingdom hath produced the like resolutions in me to try my Fortune in some other Climate since my Three Years constant expence of time health and fortune for the advantage of the publick hath gained no other recompence than to be Printed against by Declarations Books and several other Papers the Forces of other Provinces poured down upon me to destroy my whole Estate those Forces under my Command thereby inforced to Disband the Officers and all other of my Servants and Followers prosecuted and nothing of means or quarter left me to maintain a Guard of Horse for my own Person my Wife and Family readily permitted to repair to Dublin but no allowance to return all which particulars put together I leave it freely to you to judge whether it be not high time for me to depart when the voice of the Kingdom represented in the Assembly have by a clear implication in their safe conduct declared their desires therein Since my coming hither I have seen some Letters and find much confidence in many that the whole Assembly and Clergy are now united to put a full power into my Lord Lieutenants hands and to make provision for his Lordship and his Party both for subsistence and maintenance of a War to which I may not presume to frame any Judgment at so late an hour of the day but this I conceive is most certain that if it doth not appear suddenly unanimously and clearly with a full power and trust and apparent provision to make it good it will hardly be relied upon and that failing there remains nothing for me to do but in another Country to labour the perfection of Praying as well for my Persecutors as Benefactors amongst the last of which you shall be still acknowledged and remembred by Tecrogham the 15th of March 1646. Your Affectionate Friend to Serve you Clanrickard Appen XXXVIII Articles of Agreement made concluded and agreed on at Dublin the Eighteenth day of June 1647. By and between the most Honourable James Lord Marquess of Ormond of the one part and Arthur Annesley Esquire Sir Robert King Knight Sir Robert Meredith Knight Collonel John Moore and Collonel Michael Jones Commissioners from the Parliament of England on the other part Not signed till the 19th FIrst it is agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake to and with the said Arthur Annesley c. That upon the nineteenth day of this month of June he will leave or cause to be left in the possession of the said Arthur Annesley c. the City of Dublin and all the rest of the places and Garrisons in his power and under his Command and the Ordnance Artillery Amunition Magazines and Stores there and likewise it is further agreed and concluded and the said Lord Marquess of Ormond doth conclude agree and undertake that upon the 28. of July next he will leave or cause to be left in the possession of the said Arthur Annesley c. Or any four of them the Sword and all other Ensignes of Royalty with all other things belonging to the Lord Lievtenant or Leivtenancy of the Kingdom of Ireland that shall be demanded before the said twenty eighth day of July and that in the mean time he will not intermeddle or take upon him to Command in any of the said Garrisons or places 2. Item It is agreed and concluded and the said Arthur Annesley c. do for and in behalf of the Parliament of England conclude agree and undertake to and with the said Lord Marquess of Ormond in the behalf of himself and others his Majesties Subjects that all Protestants whatsoever of the Kingdom of Ireland not having been in the Irish Rebellion though they have of late consented or submitted either to the Cessation of Arms or the Peace concluded with the Irish Rebels shall be
spending of their Blood in their Sovereigns Quarrel aspired to this Type of Honour in which at this Day God and my King be thanked I stand So your Lordship taking the nigher Way to the Wood by charging me with Treason would gladly trip so roundly on my Top that by shedding of my Blood and by catching my Lands into your Clutches that butt so near upon your Mannors of Kildare and Rathimghan as I dare say they are an Eye-sore unto you you might make my Master your Son a proper Gentleman A Gentleman quoth the Lord Justice thou bald Baron I tell thee the Vescies were Gentlemen before the Giraldins were Barons of Ophaly yea and before that Welsh Bankrupt thine Ancestor he meant Sir Maurice Fitz-Girald feathered his Nest in Leinster And whereas thou takest the Matter so far in Snuff I will teach thee thy Lyripups after another Fashion than to be thus malapartly cocking and billing with me that am thy Governour Wherefore albeit thy Taunts are such as might force the patientest Philosopher that is to be choakt with Choler Yet I would have thee ponder my Speech as though I delivered it in my most sober and quiet mood I say to the Face of thee and I will avow what I say unto thee That thou art a Supporter of Thieves a bolsterer of the King's Enemies an Upholder of Traytors a Murderer of Subjects a Firebrand of Dissention a rank Thief an arrant Traytor and before I eat these Words I will make thee eat a piece of my Blade The Baron bridling with might and main his Choler bare himself as cold in Countenance as the Lord Justice was hot in Words and replied in this wise My Lord I Am very glad that at length you unwrapt your self out of that Net wherein all this while you masked As for mine Ancestor whom you term a Bankrupt how Rich or how Poor he was upon his repair to Ireland I purpose not at this time to debate yet thus much I may boldly say That he came hither as a Buyer not as a Beggar he bought the Enemies Land by spending his Blood But you lurking like a Spider in his Cobweb to intrap Flies endeavour to beg Subject's Livings wrongfully by despoiling them of their Innocent Lives And whereas you charge me with malapertness in that I presume to chop Logick with you being Governour by answering your snappish Quid with a knappish Quo. I would wish you to understand now that you put me in mind of the Distinction that I as a Subject honour your Royal Authority but as a Nobleman despise your Dunghil Gentility Lastly Whereas you charge me with the odious Terms of Traitor Murtherer and the like and therewithal you wish me to resolve my self that you rest upon Reason not upon Rage if these Words proceed from your Lordship as from a Magistrate I am a Subject to be tried by order of Law and am sorry that the Governor who ought by vertue of his publick Authority to be my Judge is by reason of private Malice become mine Accuser But if you utter these Speeches as a private Person then I John Fitz-Girald Baron of Ophalie do tell thee William Vescie a singe-Sole Gentleman that I am no Traytor no Felon and that thou art the only Buttress by which the Kings Enemies are supported the mean and Instrument by which his Majesties Subjects are daily spoiled Therefore I as a Loyal Subject say Traytor to thy Teeth and that shalt thou well understand when we both shall be brought to the Rehearsal of these Matters before our Betters Howbeit during the time you bear Office I am resolv'd to give you the Mastery in Words and to suffer you like a brawling Cur to bark but when I see my time I will be sure to bite These biting Speeches passing to and fro great Factions on both sides were raised with high and mighty words and deep Oaths till in time either part appeas'd his own The Baron of Ophaly not sleeping nor slacking his Matter scudded with all haste into England where he was no sooner inshoared than Vescie after he had substituted William Hay in his room was imbarked making as hot foot after the Baron as he could The King and his Council understanding the occasion of their sudden Arrivals to the end the Truth should be brought to light appointed a set Day for the deciding of their Controversie and that each of them should speak for himself what he could Whereuon Vescie being commanded to begin spake to this effect My Dread Sovereign AS I must acknowledge my self somewhat aggrieved to be entangled in so intricate a Matter so I am glad as heart can think that so weighty a controversie is brought to the deciding of so upright an Umpire And whereas it stood with your Majesties Pleasure with the Advice of this your Honourable Council That I as unworthy should have the Government of your Realm of Ireland and during my Time your Majesties Subjects have been I may not deny it diversly annoyed for my Discharge as I said in Ireland So I avow here in England that he kneeleth here before your Highness pointing to the Baron of Ophaelie that is the Root and Crop of all these Enormities for it is well known that he beareth that stroke with the Irish as if he once but frown at them they dare not be so hardy as once to peak out of their Cabbins And whereas his Force doth greatly amaze them think you but his Countenance doth wonderfully encourage them To the furtherance of which it is apparently known and it shall be proved that he hath not only in hucker mucker by sundry Messages imboldned your Majesties Enemies to spoil your Subjects but also by his personal Presence in secret Meetings he gave them such Courage as neither the Royalty of your Highness nor the Authority of your Deputy neither the force of your Laws nor the strength of your puissant Army was able to quench the Flame of these Hurly-burlies that through his traiterous drifts were enkindled These and the like Enormities through his privy packing with Rebels being daily committed to bring me your Majesties Governour in the hatred of the People his Adherents both secretly muttered and openly exclaimed against me and my Government as though the Redress of all these Harms had wholly lain in mine hands Whereupon being in conference with such as were the Chieftains of your Realm of Ireland albeit I took it to be expedient to point with my Finger to the very Sink or Head-spring of all the Treasons that by secret Conspiracies were pretended and practised against your Majesty and your Subjects yet notwithstanding having more regard to Modesty than to the Deserts of the Baron of Ophalie I did but glance at his packing in such secret sort as none or very few of the Company could guess whom with my misty Speeches I did touch And as commonly the galled Horse doth soonest kick so this Gentleman being prickt as it should seem
Peck full of Charms some of which had it thus written upon them This is the print of our Lady's Foot and whoever wears it and says twenty Ave Maries shall be free from Gun-shot And the like Charms were to free them from Pike or Sword as the party desired it And lastly that a bold Horse of the Lord Broghill's being ' twice wounded in this Battle became afterwards so cowardly that he was fit for nothing but the Coach But 't is time to return to Ireton who signified his Joy at this Victory by three Vollies of Shot throughout his Camp Nevertheless he found no likelihood of taking the City but on the contrary received many brisk Sallies from them in one of which they slew three hundred of his Men so that probably he had gone without it for that Year if the Town 's Men who had been always mutinous had not continued in the same humour still and pressed for a Parly Whereupon the Clergy threatned to Excommunicate them if they offered to Treat with the Enemy which in effect was they said To give up the Prelates to be slaughtered And they did actually fix a perpetual Interdict upon the Church-doors and other publique places but alass those Fulminations had been too loosely and impertinently used to retain any vertue now in time of need So that without any regard to them Colonel Fennell seized on St. John's Gate and the Mayor supplied him with Powder and countenanced him in the resolution to give up that Post to the Enemy unless the Garrison would consent to Capitulate In fine they did on the 29th day of October surrender that strong and important City upon severe Articles wherein the Governour the Bishop of Limerick and twelve more were excepted by Name as to Life and some of them particularly the Bishop of Emly and Alderman Dominick Fanning were executed it was computed that they lost 5000 People in the City during the Siege mostly by the Plague and other Sickness nevertheless after the surrender there marched out 1300 Souldiers and there still remained in the City 4000 Irish-men able to bear Arms. Limerick being thus taken and Sir Hardress Waller being made Governour of the City Ireton on the Fourth of November march'd towards Galway and being joyn'd with Sir Charles Coot they took Clare from whence Ireton sent a Message to the Town of Galway offering them good Conditions if they submit without putting him to farther trouble and severely threatning them if they refused the proffered Articles and it is probable these Comminations might have made impressions upon them if Ireton's Death which hapned at Limerick on the Twenty-sixth of November had not given them respite But it must not be forgotten that during the Siege of Limerick Sir Charles Coot encountered a Party of Fitz-Patrick's and O Dwir's Forces that had retaken Meleke Island and tho' they behav'd themselves so well that they bafled his Foot two or three times yet by the bravery of his Horse he worsted them at last and killed and drowned 300 of them and made the same Number accept of Quarter for Life But Ireton being dead the Parliament Commissioners at Dublin appointed Lieutenant-General Ludlow Commander in Chief of the Army until further Order should be taken in England in that matter And in the mean time Sir Charles Coot blockt up Galway at a distance and when Ludlow came to him they drew so near that the Assembly which sat there did in February importune the Lord Deputy to permit them to Treat with the Enemy about Conditions for the Settlement of the Nation protesting That they would insist upon advantagious and profitable Terms but the Lord-Deputy knowing it was more proper for him than for them to Treat for the Nation did on the Fourteenth of February write to the Commander in Chief of the Parliament's Forces upon that subject but he had no grateful Reply the English being resolv'd not to admit any Treaty for the Nation in general but those that would Capitulate should do it onely for themselves or the Towns and Places they respectively belong'd unto The Year 1652 began with the Surrender of Galway to Sir Charles Coot which happened on the Twelfth of May before any Storm or Assault was attempted and without consulting the Lord-Deputy tho' he was within half a days Journey of the place but indeed they had better Conditions than they could have had if the Parliaments Commissioners had been made acquainted with the matter and perhaps there was reason for it because the Town was exceeding strong and the loss thereof carried with it the Fate of Ireland and the determination of the Rebellion for what little Contests happened from henceforward do hardly deserve the Name of A Tory War Roscomon and James-Town were Surrendered to Col. Reynolds on the 27th of April and in Munster there was not a Garrison left them but Ross in the County of Kerry which being a Castle in an Island was thought impregnable but Ludlow caused a small Ship to be made and had it carried over the Mountains and set a float in the Lough at the sight of which the Irish were so astonish'd that they yielded up the place on the 27th of June and Inchylough was also surrendered to Col. Zanky on the first of August and about the same time the Lords of Westmeath and Muskry O Connor Roe Sir William Dungan Sir Francis Talbot and others submitted upon these Conditions ☞ That they should abide a Tryal for the Murders committed in the beginning of the Rebellion and those that onely assisted in the War were to forfeit two Thirds of their Estates and be Banished And tho' the Lord-Deputy did on the 16th of May take Ballishannon and the Castle of Donegal yet both those places together with Sligo and Ballymote were soon regain'd by Coot and Venables and the Lord-Deputy forc'd to shelter himself in the Isle of Carrick and having no part to friend nor any Party he could trust he also submitted upon very honourable Conditions Of not having any Oath imposed upon him and of having liberty to transport 3000 Men into the Service of any Prince in Amity with England And so on the 16th of March he was transported to England in a Parliament Ship and not long after died in London In the mean time Col. Charles Fleetwood who had married Ireton's Widdow was made Commander in chief of the Forces in Ireland he landed in the latter end of August and found the Military Service of the Kingdom in a manner finish'd so that what remain'd to manage were the Civil Affairs which were committed to him and the rest of the Commissioners of Parliament And they began their Administration of those Matters by Erecting a High Court of Justice to try those that were accus'd of the barbarous Murders committed in this Rebellion The first Court of this sort that was held in Ireland was upon the 4th of October at Kilkenny before Justice Donelan President and Commissary-General Reynolds
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
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