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
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
usual allowance except the Sallary of 200 Marks per ann which must be reserved for his Brother the Lord President and that the Vice-president's Pension of twenty shillings a day be immediately stopp'd Lib. C. 5. That the Queens Orders be publickly read in Council except they require secrecy and then to be communicated to such of the English Council only as are ordinarily attending on the State 6. That all Offices be given to fit persons who are personally to officiciate except in special cases 7. That the Courts be removed out of the Castle 8. That the Secretary of State keep the Signet as in England and that he make all Bills Warrants and Writings that require Signature and that he keep a Register thereof and have his Fees for the same 9. That the Parliament being ended Vlster might be so settled that the Deputy might repair into Munster to watch the Motions of Spain 10. That suspected persons be secured and that the suspected Inhabitants in Towns be disarm'd and that the Loyal Townsmen be arm'd and disciplin'd and that those that were lately Rebels be enjoyned to keep at home and if the Spaniards land that the Forage be destroy'd and the Cattel removed up into the Countrey The Queen also gave Secretary Fenton particular Instructions about the Plantation of Munster and devised a Plot to this effect Lib. C. That the Undertaker for 12000 Acres should plant 86 Families upon it viz. his own Family should have 1600 Acres one chief Farmer 400 two good Farmers 600 between them other two Farmers 200 apiece fourteen Free-holders each 300 fourty Copyholders each 100 and twenty sixâ— Cottagers and Labourers 800 Acres between them and so proportionably for a lesser Signiory And she ordered that if any unforfeited Lands be intermix'd with the forfeited that the party should be compounded with to his content and brought out that so the Undertaker might have his Manour entire and she also ordered a better Survey to be made of the escheated Lands for the direction of the Commissioners in setting them out to the Undertakers It the mean time the Town of Dingle in Kerry was incorporated with the like Privileges as the Town of Drogbedah enjoyed and there was also a superiority granted to that Corporation over the Harbours of Ventry and Smerwick and the Queen also gave the Townsmen 300 li. towards the walling of the Town The Earl of Desmond and his Complices had forfeited a vast Estate amounting in all to 574628 Acres of Land the Earl himself had a prodigious Revenue for those times and perhaps greater than any other Subject in her Majesty's Dominions For his Rents were as followeth  l. s. d. In the County of Limerick 2413 17 02 Corke 1569 01 11 Kerry 2711 01 02 ½ Waterford 0242 14 02 Typerary 0060 00 00 Dublin 0042 08 00 Total 7039 02 07 ½ And this great Estate except what was restored to Condon the White Knight c. was by the Queen who was intent on the peopling of Munster disposed to certain Undertakers   Rent per ann  Acres l. s. d. Com. Waterford Sir Lib. M. 166. Christopher Hatton 10910 060 07 09 Com. Cork Waterford Sir W. Raleigh 12000 066 13 04 Com. Kerry Sir Edw. Denny 06000 100 00 00 Ibid. Sir William Harbart 13276 221 05 04 Ibid. Charles Harbart 03768 062 15 04 Ibid. John Holly 04422 073 14 00 Ibid. Capt. Jenkin Conwey 00526 008 18 08 Ibid. John Champion 01434 023 18 00 Cork Sir Warham Saint Leger 06000 016 13 04 Ibid. Hugh Cuff 06000 033 06 08 Ibid. Sir Thomas Norris 06000 033 06 08 Ibid. Arthur Robins 01800 010 00 00 Ibid. Arthur Hide 05574 030 19 02 Ibid. Fane Beecher and Hugh Worth 24000 133 06 08 Thomas Say 05778 031 18 08 Arthur Hyde 11766 065 02 10 Edmund Spencer 03028 017 07 06 Cork and Waterford Richard Beacon 06000 033 06 08 Lymerick Sir William Courtney 10500 131 05 00 Ibid. Francis Barkly Esq 07250 087 10 00 Ibid. Robert Anslow 02599 027 01 06 Ibid. Rich. and Alex. Fitton 03026 031 10 05 Ibid. Edmund Manwaring Esq 03747 039 00 7 ½ Limerick Waterf Typerary Sir Edward Fitton 11515 098 19 02 Limerick William Trenchard Esq 1â—000 155 00 00 Ibid. George Thorton Esq 01500 015 12 06 Ibid. Sir George Bourcher 12880 134 04 04 Ibid. Henry Billingsley Esq 11800 147 10 00 Typerary Thomas Earl of Ormond 03000 016 13 04   1976 07 05 And on the 14th of February Letters were written to every County in England to encourage younger Brethren to be undertakers in Ireland and particularly Popham Attorney General was appointed in Somerset-shire to treat with them The Queen's Proposals were to give them Estates in see at 3 d. per Acre in Limerick Conilagh and Kerry one with another and 2 d. per Acre in Cork and Waterford every 300 Acres Demesn to maintain a Gelding every 200 Acres of Tenancy a Foot man arm'd no Irish to be permitted to reside on the Land They were to be Rent-free till March 1590. and to pay but half Rent for three Years from thence they were to hold in Soccage and to have Liberty for ten years to transport the Growth of their Land to any place in amity with England without Custome and to doe no Service till Michaelmas 1590. and then but moderately and be free from Cess for ever and to have Liberty to transport necessaries from England without Custome and they were promised that there should be Garisons on their Frontiers and that they should have Commissioners to decide their Controversies in Munster Lib. D D D. but some of these Covenants the Queen did not perform and particularly that of keeping Forces for their Security and it seems that some of the Undertakers did encroach upon the Lands of the Loyal or protected Irish or at least they made so general a complaint of it that they obtain'd a Proclamation to issue to restrain it In the mean time the Burks a powerfull family in Connaugh finding that they lost much of their Authority by the aforesaid Compositions and the Establishment of a Regular Government in that Province repented of what they had done and formed many groundless Complaints whereupon the Bishops of 〈◊〉 and Meath c. were commissioned to examine and doe them right The Commissioners were indulgent to them and they promised submission and acquiescence but nevertheless in few days after they seduced the 〈◊〉 Joyces c. and went into Rebellion and manned Castle Nikally and Thomas Row's Castle At the same time Mahowne O Brian held the Castle of Clan Owen against the Queen but Bingham in seven days time won it and flew O Brian and razed that Castle and another of Fardaraugh Mac Donels to the ground and Richard Burk on Proof of Confederacy was executed by Marshal Law However the Burks proceeded in their Rebellion and murthered Sixteen of the Officers of Connaugh and invited the Scotish Islanders who to the
Favour and consequently luxurious they always followed the Court and hated to be put in Frontier Garrisons or Places of Danger They were says Cambrensis great Talkers Boasters and Swearers very Proud and Contemners of all others greedy of Places of Places of Honour and Profit but backward in undertaking any hazardous and dangerous Action or performing any Service that might deserve them Moreover many of the English and Welch were dispossest of their best and safest Castles to make Room for the Normans and forc'd to take others in Exchange on the Frontiers by which means they were impoverish'd and discourag'd Add to this That several of the faithful Irish who had submitted to the English Government and lived within their Quarters and thereby became acquainted with the English Conversations Humors Strength Policies Seats and Habitations were likewise dispossess'd to make Room for the Normans and thereby forced to revolt to the Irish and became the most Dangerous of all the Enemies as being most Knowing and most Provok'd And thus it came to pass that after Earl John had wasted his Army in small and unprofitable Skirmishes and had staid eight months and done no other Good than that he built the Castle of Tybrach perhaps Typerary Lismore and Ardfinin the King sent for him and his Beardless Counsellors and in his Room substituted John de Courcy Earl of Vlster Lord Lieutenant of Ireland he brought over with him about four hundred Volunteers 1185. September And soon after his arrival he made a Progress into Munster and Connaught to put those Countries in order but it seems he fell into an Ambush or had some Skirmish with the Irish for it is said That he lost twelve Knights in his Return from Connaught 1186. On Midsummer-day the Prime of Limerick slew four Knights and a great part of the Garrison of Ardfinin And soon after by a Slight drew that Garrison into an Ambush by exposing a Prey to their View which they thought to have taken but he fell upon them and surprized and slew most of them But the Irish had not so good luck in Meath where they of Kenally had made Incursions and taken a Prey for William Petit rescued the Prey defeated them with great Slaughter and sent an hundred of their Heads to Dublin Old Lacy was now busie building his Castle of Derwath and himself working with a Pick-ax for Diversion when one of the malicious and ungrateful Workmen took the Opportunity whilst he was stooping Cambden 151. and with another Pick-Ax knock'd out his Brains And it seems there was an Insurrection thereupon for it is said That Courcy and Young Lacy revenged the Murder and reduced all things to quiet But it seems afterwards there grew some Distast between Courcy and Lacy so that Lacy who was the better Courtier supplanted Courcy who was the better Soldier and got himself into his Room This Courcy came from Stoke-courcy commonly call'd Stogussy in the County of Somerset I find that Robert de Courcy was made a Baron at Westminster 33 Henry 1. but whether he was the Ancestor of this Family I will not determine This Earl of Vlster had a natural Son John Lord of Kilbarrock and Raheny who was murdered by the Lacyes so that it is the Brother of this Earl John that was the Ancestor of the Noble Family of Courcy Lord Baron of Kingsale In the mean time King Henry died in Normandy on the sixth Day of July 1189. He was so well pleased with the Conquest of Ireland Davis 11. that he placed the Title of Lord of Ireland in his Royal Style before his Hereditary Estates of Normandy and Aquitain Baron Finglas M. S. And yet that Country was at that Time so inconsiderable or so little improv'd that there were not five Castles or Piles for Defence of Irish building in the whole Kingdom Dublin Cork and Waterford were built by the Easterlings and all the rest have been built since the Reduction of Ireland This King was both Wise and Valiant he was also Generous to the highest Degree so that he deserved to be ranked among the bravest Princes of that or any other Age and perhaps had made as great a Figure in History as any of them if the Undutifulness of Becket and the Rebellion of his own Sons had not interrupted his Designs However there are some who will never forgive him the Conquest of Ireland and therefore do load his Memory with many Malicious Aspersions equally Ridiculous and False Polichronicon l. 7. c. 21. They say his Grandmother could not endure the Mass and that her Husband ordered four Knights to hold her by Force whilst the Priest was celebrating but in spight of them she flew out of the Window with two of her Sons and was never seen after And that 't is no Wonder they that come of the Devil should go to the Devil And that King Henry's Embassador urging the King's Son to have Peace with his Father was answered That it was Natural to their Brood to hate one another That Henry was a Bastard and that S. Bernard the Abbot prophesied of him That from the Devil he came and to the Devil he should go That his Father had gelded a Bishop and that himself had murdered S. Thomas of Canterbury That his Father had Carnal Knowledge of Henry's Queen Elianor and abundance more of such silly Stuff THE REIGN OF John Earl of Moreton LORD of IRELAND Afterwards King of England Duke of Normandy c. RICHARD I 1189. for his Valour Sirnamed Ceur de Lyon by unquestionable Right Succeeded his Father on the Throne of England and was crowned at Westminster the third Day of September 1189 but his Style was no more than Speed 482. Rex Anglor dux Normannor Acquitan comes Andegavor For John Earl of Moreton youngest Son of the deceased King by virtue of the aforesaid Donation at the Parliament at Oxford anno 1177 succeeded his Father in the Sovereignty of Ireland And therefore we find the Pope's Legate had Commission to exercise Jurisdiction in Anglia Davis 19. Wallia illis Hiberniae partibus in quibus Johanes Comes Moretonii potestatem habet dominium For tho' it be a Fundamental Maxim of State That Ireland must not be separated from the Crown of England And tho' it be also an undoubted Maxim of Law That the King cannot alien any part of his Dominions yet neither of these were thought to be transgressed by the aforesaid Donation because it was made to the King's Son whose Interest and Expectations in England were thought to be sufficient Security for his Good Behaviour What Controulment Earl John might have met with in the Soveraignty of Ireland if the King Richard had been at Leisure to inspect that Matter is incertain But it is manifest That the King was so taken up with his Voyage to the Holy Land and so embarassed by the unfortunate Consequences of it that he never did
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
175. In like manner did one of the Cavenaghs serve Carew about the Barony of Idrone and if I thought that no Body else would ever be served so hereafter I would have omitted this Remark In those Days there was small Respect paid to the Sabbath Fragm M. S. 4. in Ireland for the Markets were in several Places kept on Sundays but at Carlow the Market was about this time changed to another Day In England the sixth Penny of the Goods of Lay-men Baker 117. through England Ireland and Wales was granted to the King but how it was levied here non constat It appears by the Writ mentioned Pryn 263. that the denized Irish would not punish Felony with Death and therefore that Writ enjoyns them that are 14 Edw. 2. and them that shall be denized for the future to submit to the English Laws in that particular which confirms my former Observation That the Irish were fond of the Benefit of the English Laws but were very averse from the Penalties of them And by another Writ recited Pryn 263. it appears That Common Pleas were held before the chief Governour and because the Parties were poor and could not prosecute their Writ of Error in England according to Law the King did aâ—thorize the new Governour to examine the former Judgment and to reverse it if he found just cause c. And lastly we find a Writ which was sent to John Earl of Louth Pryn 264. whilst he was Lord Justice authorizing him to remove all such insufficient Persons as his Predecessor Mortimer had put into Office in that Kingdom which is a notable President worthy Imitation in all Places and Ages THE REIGN OF EDWARD III. King of England c. And LORD of IRELAND EDWARD the Third upon the Resignation of his Father was proclaimed King the twenty fifth day of January 1327. and Crowned the first day of February following 1327. and being but fifteen years old had twelve Governors of him and the Kingdom appointed but they were but Ciphers and only had the bare Name of Governors whilst Mortimer and the Queen-Mother usurp'd and exercis'd the Power As for Ireland Thomas Fitz-John Earl of Kildare was made Lord Justice and Letters were sent to the Great Men of Ireland by Name to swear Fealty to the new King and to continue their Loyalty as they had done to his Predecessors And in his Time Adam Duff of the Family of O Toole in the County of Wicklow was burnt at Hoggin-Green in Dublin for Heresie or rather for most horrid Blasphemy for he denied the Trinity and the Incarnation of our Blessed Saviour c. And because it may be pleasant and useful to a curious Reader Lib. H. Lambeth I will give you a short Account of the Great Officers and others of Ireland and their Salaries as they were 1 Ed. 3. Earl of Kildare Lord Justice 500 Lib. Roger Outlaw Chancellor 040 Lib. Elias de Ashborne Justice for holding Pleas before the Justice and Council of Ireland 040 Lib. Roger de Werthorp Justice Itinerant 040 Mar. A Second Justice Itinerant Nicholas Falstoff Chief Justice of the Bench 040 Lib. John de Granset Second Justice 040 Mar. Roger de Preston Third Justice John Battalk Custos Brevium Rot. de Banc. 005 Lib. John Garnon Narrator Domini Regis 005 Lib. Simon Fitz-Richard Secundus Narrator 005 Mar. Richard Mayning Kings Sergeant 005 Mar. Robert Poer Treasurer 040 Lib. Thomas de Monte Pessulano Chancellor of the Exchequer 010 Lib. Roger de Birthorp Chief Baron 010 Lib. The Second Baron 010 Lib. Two Chamberlains of Exchequer 010 Lib. Remembrancer 010 Lib. A Summoner 004 Mar. Two Ingrossers of the Rolls in Term-time five pence per diem The Treasurers Clerk five pence per diem whilst the Exchequer is open Usher of the Chequer three half pence per diem A Chaplain of the Castle fifty Shillings per annum For Wax two Shillings Note a pound of Wax cost nine pence It was a common thing for the Great Men of Ireland as well Irish as English upon private Quarrels to make War one with another and sometimes upon very slight occasions an Instance whereof happened at this time Fragm 8. for Maurice Fitz-Thomas afterwards Earl of Desmond being disgusted with the Lord Arnold Poer for calling him Rimer did associate with the Butlers and Birminghams as Poer did with the Burks and began a War Davis 134. says it was Kildare that had like to have been fatal to the Burks and the Poers many of them were slain and more of them driven into Connaught and their Lands were burnt and preyed In vain did the Lord Justice interpose in this bloody Quarrel he appointed a Day to hear both Parties but the Lord Arnold Poer was so far from attending the issue of such a Meeting as well knowing that he was the first Aggressor and therefore the unlucky Causer of all those Calamities and Desolations that ensued that he fled to Waterford and thence into England The Army of the Fitz-Giralds and their Confederates was mightily increased in expectation of a greater resistance than they found but assoon as they understood that Poer was fled they executed their Revenge upon the Lands of their Enemies which had been to that time left undestroyed Cambden 181 They grew so formidable even to the Cities and Towns that they fortified and provided against them but upon notice of this the Confederates immediately sent word to the Lord Justice that they design'd no prejudice to the King or his Towns but had assembled to revenge themselves of their Enemies and that they were ready to appear before him at Kilkenny to clear themselves And accordingly in Lent they did meet at Kilkenny with the Lord Justice and the Kings Council 1327. and humbly crav'd a Charter of Peace or Pardon whereon the Lord Justice took time to advise But the Irish of Leinster hoped to advantage themselves of these Commotions and therefore set up Donald Mac Art Mac Morough of the Family of Mac Morough formerly Kings of Leinster for their King It seems he led his Army within two Miles of Dublin but he was defeated and taken Prisoner by Sir Henry Traherne and Walter de Valle who had one hundred and ten pounds reward for their pains and many of the Irish were slain but Mac Morough in January 1329. escaped out of the Castle of Dublin by help of a Rope sent him by Adam Nangle for which Fact Nangle was afterwards condemned and hang'd In the mean time the Lord Justice died at Minooth on Easter-Tuesday and Roger Outlaw Prior of Kilmainham Lord Chancellor was made Lord Justice in whose time David O Tool a strong Thief who had been taken Prisoner by the Lord John Wellesly the Lent before was this Summer condemned and executed at Dublin At this time in the Second Year of this Reign the Noble James Butler married the Earl of Hereford's Daughter Bakâ— which he had by
that Land and to go personally thither and an Army was design'd for him and he was created Duke of Ireland in order to that Expedition and notwithstanding all this on the twenty third of July 1393. the King sent him a Letter to stop his Voyage because his Majesty intended to go to that Kingdom in person For the King was netled with an Answer his Ambassadors received in Germany when they were solliciting for the Imperial Crown that they did not think him fit to be their Emperor who could not keep what his Ancestors had gain'd in France nor rule his insolent Subjects in England nor tame his rebellious Vassals in Ireland and therefore partly to vindicate his Reputation and partly to divert the Melancholy which had seiz'd him on the Death of his Wife he undertook a Royal Voyage to Ireland with four thousand Men at Arms and thirty thousand Archers under S. Edwards Banner It seems that Sir Thomas Scroop was sent before him to prepare for the Kings Reception for I find him named Lord Justice on the 26th of April 1394. 1394. But however that be it is certain that on the Second Day of October Richard the Second King of England Landed at Waterford with a mighty Army whereof he made but small use for the Irish betook themselves to their old Stratagems of feigned and crafty Submissions wherewith they had deluded and abused King Henry the Second and King John in former times However Mowbray Earl of Notingham and Marshal of England had a special Commission to receive the Homage and Oaths of Fidelity of all the Irish of Leinster by vertue whereof Girald O Birne Donald O Nolan Malachias O Morough Rory oge O More Arthur Mac Morough Morough O Connor and others made their humble submission by an Interpreter in the open Field at Baligory near Carlow on the 16th of February They did Homage in solemn manner and made their Oaths of Fidelity to the Earl Marshal laying aside their Girdles Skeins and Caps and falling down at his Feet upon their Knees which being performed the Marshal gave each of them Osculum Pacis Moreover they were bound by several Indentures upon great Penalties to be paid to the Apostolick Chamber viz. O Birne twenty thousand Marks O Nolan ten thousand pounds c. not only to continue Loyal Subjects but that by a certain day prefix'd they and all their Sword-men should clearly relinquish and give up unto the King and his Successors all the Lands and possessions which they held in Leinster and taking with them only their moveable Goods should serve him in his Wars against his other Rebels In consideration whereof the King was to give them Pay and Pensions during their Lives and to bestow the inheritance of all such Lands upon them as they should recover from the Rebels in any other part of the Realm And thereupon a Pension of eighty Marks per annum was granted to Art Mac Murrough Chief of the Cavenaghs which was continued to his Posterity till the time of Henry the Eighth although they did nothing for it But the King having received Letters from O Neal wherein he stiles himself Prince of the Irishry in Vlster and yet acknowledgeth the King to be his Sovereign Lord and Dominus perpetuus Hiberniae removed to Drogheda to take the Submissions of the Irish of Vlster Thither came to him O Neal O Hanlon O Donel Mac Mahon and others who with the like humility and ceremony as aforesaid performed their Homage and Fealty to the Kings own Person in these or the like Words mutatis mutandis Ego Nelanus O Neal Senior tam pro meipso quam pro filiis meis tota Natione mea Parentelis meis pro omnibus Subditis meis devenio Ligeus Homo vester c. And in the Indenture between O Neal and the King he is bound not only to remain faithful to the Crown of England but also to restore the Bonaught of Vlster to the Earl of Vlster as of right belonging to that Earldom and amongst other things usurped by the O Neals These Indentures and Submissions with many more of the same kind for there was not a Chieftain or Head of an Irish Sept but submitted himself in one Form or other the King himself caused to be enrolled and testified by a Notary Publick and with his own hands delivered the Enrolments to the Bishop of Salisbury who on the 25th of June delivered to the Court of Exchequer two Hanapers one containing thirty nine and the other thirty six Instruments which were all there recorded or enrolled so that they have been carefully preserved and are now to be found in the Remembrancers Office and the Copies of them all are to be seen at Lambeth Libro D. In the mean time Lib. G. Lambeth on the first of February the King wrote a Letter to his Unkle the Duke of York who it seems was his Deputy in England signifying that there were three sorts of People in Ireland viz. Irish Savages or Enemies Irish Rebels and English Subjects and that perhaps the Rebels had cause and provocation to do as they have done and that therefore he has given them Truce till Easter and designs to pardon them generally and concludes with a Desire of his Advice in this Particular The Duke and the Council on the 19th of March return an Answer Lib. M. That they had formerly given their Opinion to prosecute the Rebels but that his Majesty being on the Place best knew what was fit to be done and that they did not mislike his Intention provided the Rebels did pay some considerable Fines towards the Charge of the Kings Voyage and also took out their particular Pardons within a limited Time Lib. G. and not long after finding that the King had accepted the Irish Submissions and valued himself upon the Atchievement they send him a congratulatory Letter and humbly pray his Majesty to return to England Several of the Irish Historians one of them misleading another say that the King did call a Parliament at Christmas and about Shrovetide return'd to England but as I am sure he did not return in many Weeks after Shrovetide so I believe he held no other Parliament in Ireland at this time than that there being a great Concourse of the Chief Men of the Land to Dublin to attend the King it is probable the King consulted with them about the publick Affairs and that they complained to his Majesty of such Grievances as needed to be redress'd Lib. G. and particularly That whereas the Chancery us'd to pay into the Exchequer two thousand Marks per annum for the Great Seal besides defraying the Charge of that Court it now hardly pays its own Officers their Salaries because Grants for which the Parties formerly paid an hundred pound are now made for ten shillings and Secondly That James Cotenham Deputy Admiral of Ireland to the Earl of Rutland committed great Abuses and exacted a Tribute of
twenty pence or two shillings from every one that passed the Seas On the twenty fifth Day of March the King knighted four Irish Kings 1395. Selden tit hon 842. and some other great Lords whereof Mr Selden out of Froisart gives the following Account Four Kings of several Provinces in Ireland that submitted themselves to Richard II were put under the Care of Henry Castile an English Gentleman who spake Irish well in order to prepare them for Knighthood by the Kings Command he informed them of the English Manners in Diet Apparel and the like He asked them If they were willing to take the Order which the King of England would give them according to the Customs of England France and other Countries They answered They were Knights already and that the Order they had taken was enough for them and that they were made Knights in Ireland when they were seven Years Old and that every King makes his Son Knight and if the Father be dead the next of Kin does it and that the manner is thus The new Knight at his making runs with slender Lances against a Shield set upon a Stake in a Meadow and the more Lances he thus breaks the more Honour continues with his Dignity But Mr. Castile told them They should receive a Knighthood with more State in the Church and afterwards being perswaded and instructed especially by the Earl of Ormond they did receive Knighthood at Christ-Church Dublin after their Vigils performed in the same Church and a Mass heard and some others were knighted with them but the four Kings in Robes agreeable to their State sate that Day with King Richard at the Table And so Davit 202. when the King had supplied the Courts of Justice with able Men particularly with Sir William Hankford Chief Justice who was afterwards Chief Justice of England and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow he returned to England about Midsummer 1394. as I suppose for on the fourth of July 1394 Roger Mortimer Earl of March was sworn Lord Lieutenant Pryn. 294. And not long after the aforesaid excellent Ordinances of 31 Edw. 3. were ratified revived and exemplified and sent into Ireland to be more duly observed than hitherto they had been But the Scene was changed and the Irish despising the weak Forces the King had left behind him began to lay aside their Mask of Humility and to make Incursions into the Borders of the Pale Nevertheless the English were not daunted their Valour supplyed what was wanting in their Number Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham with their Forces slew six hundred of the Irish and their Captain Mac Con and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow and took O Birnes House whereupon the Lord Lieutenant made seven Knights But this Victory was much overballanced by the Loss of forty principal Englishmen slain by the O Tools on Ascension-day and not long after by the Death of the Lord Lieutenant himself who was slain at Kenlis in Ossory by the O Birnes on the twentieth of July 1398. And thereupon Roger Gray was chosen Lord Justice 1398. pro tempore until the King sent over his half Brother Thomas Holland Duke of Surry Lord Lieutenant 1398. who landed at Dublin the seventh of October 1398. but did not long continue in that Office before the King pretending a Resolution to revenge the Death of his Cousin and Heir the Earl of March who was slain by the Irish as aforesaid He left the Government of England in the Hands of his Vnkle the Duke of York And on the first Day of June Richard 1399. King of England landed at Waterford with a good Army which he marched to Dublin through the wast Countries of Murroughs Kinshelaghs Cavenaghs Birns and Tooles but the Army was much distressed for want of Victuals and Carriages in those Deserts so that he performed no memorable Exploit save that he cut and cleared the Paces in the Cavenaghs Country and knighted Henry the Duke of Lancaster's Son afterwards Henry V for his briskness against the Irish On the sixth of June being the Friday after the King's arrival Jenico de Artois his faithful Gascoign slew two hundred Irish at Ford in Kenlis in the County of Kildare And the next Day the Citizens of Dublin made Incursions into Wicklow and killed thirty three Irishmen and took eighty Prisoners And on the twenty sixth of June the King came to Dublin and received the Submission of many Irish Lords But whilst he was consulting how to proceed he received the unwelcome News of the Duke of Lancaster's Progress in England whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym and though he sent the Earl of Salisbury before him to gather an Army in Wales yet the King followed after so slowly that the Army was disperst before he arrived in England with which Misfortune his Courage fell so that on Michaelmass day he tamely surrendred the Crown and gave a just occasion for this true Remark Baker 152. That never any Man who had used a Kingdom with such Violence gave it over with such Patience He was afterwards deposed by Parliament and several Articles exhibited against him one of which was That he forced divers Religious Persons in England to give Horses Arms and Carts towards the Irish Expedition And another was That he carryed into Ireland the Treasure Reliques and other Jewels of the Crown which were used to be kept in the King's Coffers from all Hazard The King created Edward Plantagenet Earl of Cork in the twentieth Year of his Reign And the same Year gave a Licence under the Privy Seal to William Lord Courcy to buy a Ship to pass and repass to and from England And in this Reign happened this famous Case One Thomas a Clerk in England obtained a Judgment at Westminster against Robert Wickford afterwards Archbishop of Dublin and upon Affidavit That the Defendant lived in Ireland and had Goods and Lands there and the Sheriffs Return That he had no Lands nor Goods in England the Plaintiff had a Writ against the said Archbishop in haec verba IDeo vobis mandamus quod de terris catallis ejusdem Roberti Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict decem libras illas habeatis coram c. This Archbishop died anno 1390 so that this Writ must issue before that time THE REIGN OF HENRY IV. King of England c. And LORD of IRELAND HENRY Duke of Lancaster eldest Son of the famous John of Gaunt fourth Son of King Edward the Third upon the Resignation of King Richard procured him to be deposed in Parliament and himself to be elected King and the Crown to be entailed on him and the Heirs of his Body His Claim was as Heir to Henry III but finding that
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
grand Captain four shillings a petit Captain two shillings and an hundred Harquebusses I suppose on Horseback half at eight pence and the other half at nine pence a day makes three pound sixteen shillings and ten pence per diem and an hundred and seven pound eleven shillings and four pence per mensem and per annum 1402 04 02. Mr. Brereton's Retinue a grand Captain four shillings a Captain three shillings a petit Captain two shillings and an hundred and fifty Archers at six pence apiece is four pound four shillings per diem and one hundred and seventeen pound twelve shillings per mensem and per annum 1533 00 00. The Knight Marshal's Retinue a grand Captain four shillings and twenty nine Horsemen at nine pence a day is one Pound eight shilling per diem eleven Pound eighteen shillings per mensem and per annum 0511 00 00. Clerk of the Cheques Retinue ten Horsemen at nine pence and himself a shilling is eight shillings six pence per diem eleven Pounds eighteen shillings per mensem and per annum 0155 02 06 The Treasurers Retinue forty Horse at nine pence and himself at six shillings and eight pence per diem is per annum 0669 03 04 The Lord Deputy's Stipend is per annum 0666 13 04 Master of the Ordnance's Stipend per annum 0048 13 04 Charge of the Ordnance besides what comes out of England is per annum 0040 00 00 7982 06 08 It seems the reason why they had so little Foot was because the Lords and Gentlemen of the Country were bound by their Tenures to assist the King with a certain number of Men at every Hosting or rising out as they call it and as for the Artillery it was so contemptible that I find by one of the Letters from the Council at the Camp that the Army had but one broken Piece and therefore they desire another may be sent them But before we proceed farther in the Affairs of Ireland it will be fit to pay that respect to the Memory of the late Lord Deputy the Lord Grey as to give some Account of his Misfortunes and Destiny He had certainly performed considerable Atchievments in Ireland and great Commendations of him are contained in most of the Letters from the Council to the King and his Majesty did so well approve of his good Services that he Created him Viscount Grany and although the Earl of Ormond the Lord Chancellor Allen the Vice-Treasurer Brabazon and Sir John Travers went with him or immediately followed him into England to impeach him yet he was kindly received by the King and and carried the Sword before him on Whitsunday Nevertheless he was in a short time after imprisoned in the Tower and accused of very many Articles the principal of which are these First That O Connor feasted him and mended Toghercroghan for him and that in favour of O Molloy a Rebel he took a Castle from Dermond O Molloy whose Father-in-Law O Carol was a good Subject for which the Lord Grey had a Bribe and Stephen ap Harry had twenty Cows Secondly That he took the Castle of Bi r from a Loyal O Carol and gave it to a Rebel O Carol who married the Earl of Kildare's Daughter and also took Moderhern a Castle belonging to the Earl of Ormond and gave it to the Rebel O Carol and wasted the Earl of Ormond's Lands for which he had an hundred and forty Kine and Stephen ap Harry had forty and Girald Mac Gerrot had a black Hackny Thirdly That he took forty Kine from O Kenedy a Tenant of the Earl of Ormond's and his Son for Hostage Fourthly That he held secret and private familiar Correspondence with James of Desmond and went to visit him in his Tents in his Night-Gown and forced the Abbot of Owny to give him forty Pounds sterling to preserve that Abby from Ruine and O Brian to give him thirty Kine and Hostages Vlick Bourk a Bastard gave him 100 Marks to have Ballimacleere-Castle and to be made Mac William and that he carried the Artillery in a small Vessel to Galway and made the Town of Galway pay thirty four Pounds for that Carriage Fifthly That the Exploits at Bryans Bridge c. were in favour of O Bryan a Rebel Desmond's Son-in-Law and to the prejudice of Donough O Bryan a good Subject and that he took a Bribe of eighty Kine from Macnemarra Sixthly That trusting Desmond and O Bryan he hazarded the King's Army in a long and dangerous Journy wherein Desmond quarrelled and deserted him and O Bryan sent but one man with a Battle-Ax to guide him Seventhly That he rifled the Abby of Ballyclare and left neither Chalice Cross nor Bell in it Eighthly That he destroyed the Castles of Lecagh and Derriviclaghny in favour of Vlick Burk though the rightful Proprietor offered Submission and Rent to the King Ninthly That he had secret Conference with and received a Horse from O Connor Roe who was the chief Instrument in conveying away the young Fitz-Girald Tenthly That he took eighty Kine from O Maddin and forced O Mlaghlin's Son from Mr. Dillon whose lawful Prisoner he was for which he had seventy Kine And there was a Commission sent to Ireland to examine Witnesses and they say that these Articles were proved by the testimony of above seventy Persons whereof some were of Quality that is some of them swore to one Article and some to another so that the Lord Grey who was Son to the Marquess of Dorset and Viscount Grany in Ireland but no Peer in England being tried by a common Jury thought it his best way to confess the Indictment in hopes of the King's Grace and Pardon but in that he was mistaken and although his Services did infinitely over-balance his Faults yet he was publickly Executed on the twenty eighth day of July 1541. There are four other Articles mentioned by others Holingsh 102. to be laid to his Charge Ware 162. 1. His Partiality to his Nephew Fitz-Girald afterwards Earl of Kildare whom they say he might have taken 2. That his Servants pillaged the Gentlemen in Munster that entertained them 3. That he had inveigled Thomas Fitz Girald to submit by Promises which he had no Commission to perform and that he did it to destroy that Lord that his own Nephew might come to be Earl of Kildare as afterwards he did 4. His Sacrilege at Down But however that be it was not long after his Execution before a Commission was directed to Archbishop Brown and Cowly Master of the Rolls to make an Estimate or Survey of the Lord Grey's Estate in Ireland and to deliver it to the Lord Deputy Saintleger to be disposed of as the King shall direct Sir William Brereton 1540. Marshal of Ireland was sent by the Lord Deputy into Munster to take the Submission of James Fitz-John Earl of Desmond and to bring him to Dublin but the Marshal died at Kilkenny nevertheless the Earl on the
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
and sixty Horse and thence he went to Connaught to settle the new President Sir Nicholas Malby and so on the sixth of September he came to Dublin and on the fourteenth of the same Month at St. Patrick's Church he surrendred the Sword to Arthur Lord Grey Baron of Wilton Knight of the Garter 1580. Lord Deputy whose Instructions bearing date in July were 1. To observe former Instructions whereof he shall have a Copy 2. To assure the Irish of the Queens Protection and Favour if they deserve it 3. To hinder the Soldier from oppressing the Subject and to notifie this by Proclamation and to punish the Offenders though Captains 4. To shorten the War by effectual Prosecution 5. To continue the Justice of Munster and to encrease his Allowance as you and the Council think fit 6. After All-hollantide to disband as many of the new Soldiers as can be well spared and secure their Arms. 7. Not to grant Pardons and Protections but upon especial reasons and to mention the Crime in the Pardon This Lord Grey before he was sworn viz. in August having notice that one Fitz Girald with his Company which he had in the Quens Pay was revolted to the Lord Baltinglass and being joyned with Pheagh Mac Hugh and other Rebels had secured themselves in the fastnesses of Glendilogh in the County of Wicklow and did daily encrease both in number and mischief ordered a smart Party to attack them Cosby an experienced Soldier disswaded the Attempt but having positive Orders the Foot entred the Glins whilst the Lord Grey with the Horse scowred the Plains but the Rebels being well acquainted with these Woods Camb. Eliz. 241. laid their Ambushes so cunningly that the English could neither fight in that divelish place nor retire out of it Courage could but little avail them whilst being mired in the Bogs they were forced to stand still like Butts to be shot at Discipline or Conduct were of no use in that place where it could not be practised in short the English were defeated and the whole Company slain except some few that were rescued by the Horsemen August 25. and amongst the rest Sir Peter Carew Collonel Moor and the valiant Captains Audely and Cosby were killed in this unfortunate Conflict About the latter end of September seven hundred Spaniards and Italians under the Command of San Joseph an Italian landed at Smerwick in Kerry being sent by the Pope and King of Spain to propagate Catholick Religion in Ireland they immediately built a Fort and called it Fort del ore and they fortified and furnished it the best they could having brought with them Money and Ammunition and Arms enough for five thousand Men. Ormond encamped at Traley and the next day marched toward the Fort which the Spaniards deserted and retired to the fastness of Glanigall Cambd. Eliz. 242. but finding the English Army was small three hundred of them went to their Fort again and the next day sallied on the English who came to view the Fort whereupon Ormond finding he was not sufficiently provided with Artillery and other Necessaries retired to Rakele where he met the Lord Deputy The Deputy accompanied with the Captains Zouch Rawleigh Denny Macworth c. and about eight hundred Men discamped from Rakele and marched towards the Enemy but Captain Rawleigh well knowing the Customs of the Irish stayed some hours behind in Ambush till several Kearns came into the forsaken Camp as they were accustomed to scrape up what was left-behind but he surprized them all and punished them according to their Deserts Now was Sir William Winter return'd with his Fleet out of England so that he by Sea and the Lord Deputy by Land laid close Siege to the Fort having first summoned it and received for Answer That they held it for the Pope and the King of Spain to whom the Pope had given the Kingdom of Ireland and not long after the Spaniards made a Sally which was well received by Captain Denny and the Assailants were forced to retire That Night the English raised a Battery with great dexterity Cambd. Eliz. 242. which was ready by Break of Day nevertheless the Spaniards made a Sally but very faintly and without effect nor did they do any thing the third Day worthy their Reputation and on the fourth Day being close pressed from Land and Sea and all Conditions refused they yielded at Mercy which was too sparingly extended to them every one being put to death except the Commanders which very much displeased the Queen although there was a necessity for it by reason of the paucity of the English Army and the number of the Rebels approaching Sir John Fitz-Girald Lord of the Decies being a Prisoner to the Earl of Desmond was here found and set at Liberty the Fort was razed and the Army dispersed into Garrisons the Lord Deputy returned to Dingle where Ormond met him with Supplies and there Captain Zouch with four hundred and fifty Men was left Governor of Kerry and Desmond and had all the Victuals given him that were found in the Fort and then the Deputy returned to Limerick Now came out of England six new Companies under Barkley Cruse and others whereof Barkly and two hundred Men were placed at Askeaton and the rest were sent into Connaught where the Mac an Earla's or Clanrickard's Sons began to be unruly as the Lord Baltinglass and his Complices were in Leinster The Deputy having left Ormond Governor of Munster returned to Dublin where he took care of the other Provinces and being supplied with an hundred and fifty Horse out of England which were set out by the English Clergy under the Command of William Russel Son to the Earl of Bedford and Bryan Fitz-Williams he committed to the Custody of Wingfield Master of the Ordnance the Earl of Kildare and his Son in Law the Lord Delvin who were suspected to favour the Leinster Rebels whereupon the Lord Henry Fitz-Girald retired into Ophalia and was detained by the O Connors till the Deputy sent Ormond and several Persons of Quality for him to whom after much ado he was delivered and with his Father sent into England together with the said Baron of Delvin There was certainly a Plot to surprize the Lord Deputy Camb. Eliz. 257. and to seize on the Castle of Dublin Sullevan 93 and to Massacre the English and John Nogent one of the Barons of the Exchequer and others were Executed for it but whether they were guilty or not I leave as I found it doubtful however it seems that this severity frightned Thurlogh Lynogh O More O Brine and the Cavenaghs into a Submission In the mean time Captain Raleigh went to Dublin to complain of the Barryes and Condons Hooker 173. and obtained a Commission to seize upon Barryescourt and the rest of Barryes Estate and had some Horsemen added to his Company to enable him thereunto but Barry had notice of it and to prevent him Burned
above two thirds of it at most Sâ—ptima mobilum imobilium vero anui proventus quinta pars And so the Parliament was by Proclamation dissolved in October 1615. This Year also was held a Convocation at Dublin which established Articles of Religion in 104 Paragraphs or Sections and among them the Nine Articles agreed on at Lambeth November 20. 1655. are almost verbatim to be found Because of the 〈◊〉 of some Popish Lawyers in the House they were not permitted to practise in Michaelmas Term whereupon the Lord of Rylline and Sir Christopher Plunket petition'd the Lords of the Council in England That the Statute of 2 Eliz. does not extend to the Lawyers that they had spent their Time and Patrimony in Study and they and their Predecesors have done acceptable Service to the Crown in encouraging the ignorant Multitude to embrace the Freedom and Fruition of the Common Law which in comparison of the 〈◊〉 Law is of inestimable value unto them Besides 't is prejudicial to their Clients who have acquainted them with their Evidences some of which have neither English Language nor Money to imploy or instruct others and that it would force them to breed their Children abroad Secondly That the Statute of 2 Eliz. is illegally executed viz. by Indictment so that the Fees are five times the Penalty of the Statute and so two Punishments for one Thing and in stead of Twelve pence Fine designed to the Poor Ten shillings is exacted by Clerks and Officers for Fees Besides the Forfeiture being appropriated to the Poor the Clerk of the Peace has no Right to intermeddle Thirdly That the Judges of Assize do 〈◊〉 into all Forfeitures since last Assize whereas there are Sessions 〈◊〉 wherein perhaps the Party has been punish'd and so may be punish'd twice Fourthly That the Ministers do exact Money for Marriages and Christnings tho they don't officiate and the Ordinaries exact great Sums for Commutation of Penance And in all these Particulars they pray Relief By Virtue of the King's Letter of the 12th of April 1615 a Commission issued to enquire into his Majesties Title to the Counties of Longford and Letrim whereupon a Jury was impanelled and the Inquisition return'd that the Territory of Annaly now the County of Longford containing Nine hundred and Ninety Cartrons of Land was by King Henry the Second granted to Hugh de Lacy who built Castles and planted English there and that they were ousted by the O Feralls in the time of Edward the First and that Faghan O Ferall surrendered that Territory to Queen Elizabeth the 13th of November in the Twenty ninth Year of her Reign and that her Majesty regranted it to him 20 Decemb. 30 Eliz. Proviso the Patent to be void if the Queen had any other Title than that Surrender and it finds the Statute of Absentees And by another Inquisition taken about the same time it appears that the Brehny i. e. the County of Letrim was by King John given to Walter de Lacy who likewise planted it with English which were afterwards violently dispossessed by the O Rourks and Mac Grannells and that O Rourk had three Legitimate Sons and six Bastards that Teige one of his Bastard Sons succeeded him in the Estate and that he had Issue Teige who had Issue Daniel now living and that Brian Second Son of O Rourk had Issue Sir Brian who surrendered that Territory and agreed to take out a Patent but never did it He was executed in England and it was his Son Teige that submitted and took out a Patent Anno 1603. And this Teige married Mary Daughter of Hugh mac Manus O Donell whose two former Husbands Sir Moylmurry mac Swiny and Sir Donell O Cohan were still living by whom the said Teige had Issue Brian and died and whether Brian be a Bastard or not Juratores predict ignorant And the like Inquisition was found about the Territory of Ely O Caroll whereby it appear'd that that Signiory containing Ninety three Plow-lands was surrendred to Edward the Sixth who regranted it to Teige O Caroll and made him Baron of Ely and he dying without Issue his Bastard-son Sir William O Caroll intruded and surrendred to the Queen 28 July 20 Elizabethae and had it regranted to him in Fee-simple and that he died leaving one Daughter Joan Mother of Redmond Burk pretended Baron of Letrim that Sir Charles O Caroll Bastard-son of Sir William intruded and that Joan releas'd to him but he dying without Issue Moelroony mac Teige another Bastard-son of Sir William's intruded and married Margaret O Dwin whose first Husband Tirlagh Ballagh O Coâ—nor was then living and by her had Issue John O Caroll and whether he be a Bastard or not ignorant In the latter end of August came over a Commission bearing date the Fifth of that Month under the Great Seal of England impowering and authorizing the Lord Deputy and others or any Seven of them Quorum the Deputy to be one to Bargain Sell and Conclude for any the King's Mannors Lands Tenements and Hereditaments Spiritual or Temporal within the Realm of Ireland Whereupon many People past Patents wherein was reserved a small Quit-Rent and a Halfpenny an Acre for Waste-land after it be made Arable and Relief as amongst Common Persons The Patentees had free liberty to transport the Produce of the Land to any Part of England or Wales and they had a Clause of Exoneration from Cess Cudyes Coyn Livery Cuttages Resections Kearneâ—y Cosnery Gilletinny and Gillecon and all Impositions except Royal Compositions and Risings out About this time another Plot was discovered to Sir Thomas Phillips of Lemavaddy 1615. by one Teige O Lenan It was contrived by Alexander Mac Donell Bryan Cross O Neal and other principal Irish-men in Tyrone and Tyrconnell the Design was to seize Charlemont and other Forts in Ulster and to murder the Protestants there and elsewhere whil'st the chiefest of the Nobility and Gentry were at the Parliament and they were promised considerable Aids from France Spain and Rome Mr. Sullivan tells us Sullivan 269. That this Lenan was a Criminal Gamester bribed by the Deputy to this Service which is their common Pretence when the Fact is Sworn for he confesses that Lenan gave Evidence against them and that they were by Jury convicted and that Bryan O Neale Art O Neale Roger O Cahan Jeofry O Cahan Alexander Mac Surly Patrick O More Con O Kahan and two Priests were executed for that Treason Regiminis Ang. in Hib. defensio adversus Analect Pag. 54. But Doctor Rives assures us that both Bryan O Neale and Roger O Cahan consessed it in the very same manner and order as Lenan had discovered it And in Dececember Sir Oliver Lambert was sent to the Island of 〈◊〉 to reduce some Scots that were troublesom and Seditious there which he performed by taking the strong Castle of Dunaveg Lib. C. and other less considerable places And soon after it seems that the Lord-Deputy
that Our Realm are to be admitted to Sue their Liveries Ouster le Mains and other Grants depending in Our Court of Wards taking only the Oath here under expressed and any other Oath to be forborn in that Case And the Natives of that Kingdom being Lawyers and who were heretofore Practisers there shall be admitted to practise again and all other Natives of that Nation that have been or shall be Students at the Inns of Court in England for the space of Five Years and shall bring any Attestation sufficient to prove the same are also to be freely admitted by the Judges there to practise the Law taking only the said Oath I A. B. do truly acknowledge profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of all other His Majesty's Dominions and Countries And I will bear Faith and true Allegiance to His Majesty His Heirs and Successors and Him and Them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against His or Their Crown and Dignity and do my best endeavor to disclose and make known unto His Majesty or His Heirs and Successors or to the Lord Deputy or other Governor for the time being all Treasons and Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God XVI All Compositions in the Court of Wards or Alienations made bona fide for valuable Considerations Intrusions Primier Seisins Ouster les Mains and Liveries are to be reduced and limited to the Eighth part of the true Value of the Lands and Hereditaments so to be Compounded for And all Wardships and Custodies of Lands during the Minority of Our Wards are to be moderately valued according to the Discretion of the Judges of that Court Provided That if any Alienations shall be made whereby We shall be prevented of Primier Seisin and Relief of Wardship and that sufficiently proved In all such Cases Our said Court of Wards is not to be restrained to the limitation of the Rates of the Alienations as aforesaid but our Officers of the same are to impose such reasonable Rates and Values as may recompence Us in some measure of those Duties and Profits which otherwise should have accrued unto Us if no Alienation to Uses had been made XVII Our Court of Wards is not to make any Inquiries further then to the last Deceased Ancestor except it be by Special direction from Us. XVIII All Escheators and Feodaries are to be specially directed where any Freeholders Estate in Land doth not exceed the worth of Five Pound English yearly in the true improved value to return the Offices taken of such Land into the proper Courts without Charge to the Subject or other Fees to any Court or Officer save only Ten Shillings Sterling to the Officer that shall take and return the Office but no Charge is to be set upon the said Lands nor any Process to issue upon the said Inquisitions but only for our Reliefs due upon the Tenures Provided that if any such Freeholder have the value of one Hundred Marks English in Chattels Real or Offices then this Grace is not to be extended to him although his Estate in Land be under Five Pound per Annum XIX In General leading Cases that Court is to be regulated according to the Laws and Courses practised here in England whereof Our Judges here shall deliver their Opinions if it shall be desir'd And our Judges of that Court there are to nominate some of the best Quality of the several Counties to be joyned in Commission with the Feodary or Escheator to take Inquisitions XX None of the Clerks or inferior Ministers of that Court or Servant to any of the said Court is to be a Commissioner for taking Offices Not intending hereby to exclude the Officers of the said Court and others who by their Places are to be Commissioners XXI No Grants of Intrusions or Alienations or Leases of Mens Lands are to be made out of that Court to any before the Party interessed shall have personal warning and Affidavit returned thereof who is to be preferred before any other if he come in the next Term after the Office is returned and will accept it at the Rates thought fit by the Court. XXII Upon a Contempt in that or any other Court the first Attachment is to be directed to the Sheriff and if he make not a good return and the Party come not in during that Term to purge his Contempt then the further Process is to be directed to the Persuivant and no further in our Court of Wards Our Exchequer in this Point is to proceed according to the Law and Ancient Custom of that Court and our other Ancient Courts are to bold their Ancient Course and not to permit any Innovations of sending Messengers or other Officers XXIII For reducing and moderating of Fees taken by Officers and Clerks in our Courts there whereof great Complaint is made It is Our Pleasure That a Commission be directed under our Great Seal of that Our Realm to the Persons nominated in a List Signed by Us and herewith sent unto you for the regulating of Fees of all Courts Spiritual and Temporal according to the Form of a like Commission Granted here in England to some of Our Council here and others whereof a Copy is transmitted unto you upon return whereof an Act of State to pass for Establishing the same accordingly untill there may be an Act of Parliament XXIV For the better settling of our Subjects Estates in that Kingdom We are pleased That the like Act of Grace shall pass in the next Parliament there touching the limitation of our Titles not to extend above Sixty years as did pass 21 Jacobi Regis wherein are to be excepted the Lands whereunto We are intituled by Offices already taken and those already disposed of by our Directions And We are further Graciously pleased for a more ample Testimony of Our Goodness to Our Subjects of that Kingdom to direct hereby That from henceforth no advantage be taken for any Title accrued to Us Sixty years and above Except only to such Lands in the Kings County and Queens County whereunto We are intituled by Offices already taken within the said Term of Sixty years and which are not yet Granted nor Lawfully conveyed from Us and Our Crown XXV And We are Graciously pleased and accordingly do hereby require You That You give present Order for the Inhabitants of Conaught and County of Clare to have their Surrenders made in the time of our late most Dear Father inrolled in our Chancery there as of the time of our said Father according to the Date of the said Surrenders and allowing what Fees were formerly paid for
the Judges of Assize in Open Court calling to their assistance at least Four of the Justices of the Peace and that only in Cases where all the Points and Circumstances limited by the Statute in that behalf shall be proved the same to be presented by the Jury so as none of the Jurors be of the Hundred where the Fact was done XXXVII All the Nobility Undertakers and others who hold Estates or Offices in that Kingdom are to make their Personal Residence there and not to leave it without Licence such Persons only excepted as are imployed in Our Service in England or attend here by Our special Command And in the Subsidies and all other Payments towards the Charge of Our Army there all those who hold Titles of Honour and no Estates in that Kingdom are to be rated and to contribute and pay equally as the rest of the Nobility of the like Degrees that have Estates and reside in Ireland for which We will give further Order upon an Assessment to be made and transmitted to Us from you XXXVIII No Judges nor Commissioners shall grant Reprieval to notorious Malefactors but with the Advice of the Justices of the Peace of the County then assisting or a competent Number of them XXXIX Where Undertakers have built upon Glebe-lands they are to sue forth Commissions out of the Chancery or Exchequer to select Commissioners to be named by the Undertakers and the Incumbent or if the Incumbent will not agree then the Court to make choice of indifferent Commissioners who are to set an indifferent Yearly Value of the said Parcel of Glebe-land and return the same to the Court who are to order the Incumbents successively to accept of the same from the Undertakers as a Yearly Rent for the said Parcel and for other Lands recovered against the Undertakers as Church-lands the Parties grieved are to sue in the Exchequer for Abatement of their Rents proportionably XL. All Scotishmen Undertakers in Ulster and in other Places there ar to be made Free Denizens of that Our Kingdom and no Advantage for want of Denization to be taken against the Heirs or Assigns of those that be dead XLI For examining what Rectories and Impropriations are now in Lay-mens Hands out of which there have been anciently Vicarages endowed with competent Maintenance for the Vicars which now are by Laymen possessed whereby the Service of God is neglected and for Reformation of that great Abuse you are forthwith to issue Commission to some Persons of Worth and Integrity free from that Imputation to examine and reform the said Abuse And such Persons as have great Rectories whereunto there are Chapels of Ease belonging somewhere six or seven Miles distant from the Mother-Church are to be enjoyned to keep Preaching Ministers in those Parts having competent Allowance to defray the same XLII No Person against whom any Judgment or Execution hath past in Course of Common Law or Decree in Chancery upon matter of Equity is from henceforth to have any Protection granted him nor any Person flying out of England into Ireland to defraud or shun the Prosecution of his Creditors is to be sheltred or protected from the Justice of the Law under colour of being a Soldier in any of Our Companies in that Our Kingdom XLIII No Witnesses between Party and Party at Sessions or Assizes or before any Commissioners whatsoever are to be bound over to the Castle-Chamber and if Information be put in against any such then a Relator to be named who shall be thought sufficient to answer a Recompence to the Party informed against according to the Award of the Court if sufficient Ground shall not appear of the Information XLIV Soldiers accused of Capital Crimes are to be left to be proceeded withal according to the Law and the Commissions for Reforming and Restraining the Abuses and Oppressions of Soldiers such as have lately issued under Our Great Seal there are to be directed especially to Persons of Quality having Freehold and Residence in the County And such Matters as cannot be ordered by them to be especially determined by a Committee of the Judges and others of Our Council to be nominated by you of which none are to be Captains of Horse or Foot XLV The New Corporations as well as the Ancient are to be assessed towards all General Country Charges and all Impropriations and Temporal Lands of Ecclesiastical Persons shall bear equal Contributions in Publick Charges in the Country and the Towns XLVI Such of the Barony of Carbery in the County of Cork as have Assignments from Sir James Simple Knight and have not as yet past their Patents accordingly are to be admitted to take out their Grants notwithstanding Our late Dear Father's Restriction of Grants and in their Tenures they are not to be prejudiced by any Office taken since the said Assignments from Sir James Simple unless the said Office be grounded upon some ancient Patent or Office upon Record before the Date of the said Assignments Nevertheless you are to provide That by pretext of this Our Grace no new Grants be made of any Lands within that Barony that are already passed by Letters Patents to any Person whatsoever XLVII Sheriffs are not to take above Three pence Fine upon any Person for not appearing at their Leets and if they appear then to take nothing at all And to such as are once sworn to the Allegiance they are to give a Ticket and of those no Fee to be demanded afterward for Swearing of them And for such as have been heretofore or shall hereafter be sworn and cannot produce their Ticket if they take Oath that they have been once sworn then they are not to be sworn again nor pay any more Fee And the Justices of Peace are not henceforth to give any Warrant for the Collecting or Levying of any Fines whatsoever but in Publick Sessions and by Extent under the Seal of the Quarter-Sessions XLVIII For delivering Possessions upon Judgments at Common Law Decree in Chancery or other Legal Injunction the Sheriffs are not to exact or take any other Fee than is limited by the Statutes in England for like Causes and that to be Irish Money And if any Sheriff shall demand or take more he is to be proceeded against and censured for Extortion XLIX No extraordinary Warrants of Assistance toâ—ching Clandestine Marriages Christnings or Burials or any Contumacies pretended against Ecclesiastical Jurisdiction are to be issued by the Lord Deputy or any other Governors nor executed Nor are the Clergy to be permitted to keep any private Prisons of their own for these Causes but the Delinquents in that kind are henceforth to be committed to Our Publick Gaols and that by Our Officers according to the Ordinary Proceeding of the same And all unlawful Exactions taken by the Clergy are to be reformed and regulated by the Commission there before mentioned L. If any Person shall be Outlawed upon an Action of Debt and thereupon a Seisure issued or a Custodium
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
other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry ☞ by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this Time of Danger the said Plantation being the principal Strength of those Parts IX The late Erection of the Court of High-Commission for Causes Ecclesiastical in these necessitous Times the Proceedings of the said Court ' in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the Encroaching of the some upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom X. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship XI The Petitioners do most heartily bemoan that His Majesty's Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesty's Revenue by the buying of Grants and otherwise And that all His Majesty's Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitoners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner his Treasure is issued XII The Petitioners do humbly conceive just and great Fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputy's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free Access to Address to His Sacred Majesty and Privy-Council of England so declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences XIII That of late His Majesty's Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesty's Court of Exchequer ☜ to shew cause by what Warrant the said Burroughs who heretofore sent Burgesses to Parliament should send Burgesses to the Parliament And thereupon for want of an Answer the said Privileges of sending Burgesses were seised by the said Court Which Proceedings were altogether coram non Judice and contrary to the Laws and Privileges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the Ruin and Destruction of the Commonwealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof XIV By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom XV. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursuivants and Gaolers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesty's most faithful and dutiful People of this Kingdom do conceive great Fears that their Readiness approved upon all Occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseach your Lordship That the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the Benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting Remedy for their aforesaid and other just Grievances and Oppressions And upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost Endeavors to serve His Majesty and comply with His Royal and Princely Occasions And shall pray c. As soon as the Lord Deputy had notice of this Remonstrance and perceived the Fury of the Irish Parliament he took occasion to Prorogue it on the Twelfth day of November but whatever he could do was ineffectual to stem the Tide which now ran too violent against him And therefore being heart-broken with his own and the Earl of Strafford's Misfortunes he died suddenly on the Third day of December 1640. Whereupon ROBERT Lord DILLON of Killkenny-West afterwards Earl of Roscomon Sir WILLIAM PARSONS Knight and Baronet Master of the Court of Wards were on the Thirtieth of December sworn Lords Justices 1640. But the Lord Dillon beings for his Intimacy and Alliance with the Earl of Strafford obnoxious to the aforesaid Irish Committee he was at their Instance removed and Sir WILLIAM PARSONS Master of the Court of Wards Sir JOHN BORLACE Master of the Ordnance were sworn Lords Justices on the Tenth of February to whom the King by his Letters of the Fourth of January before sent Orders at the Request of the Irish Committee That the Irish Subsidies which heretofore were Forty thousand Pounds should be reduced to a less Sum than formerly and that all Letter 's sent to the Chief Governor or other Publick Officers touching Publick Affairs or the Subjects Private Interests should be entred in the Signer-Office in England to the end the Subjects upon occasion might take Copies thereof and that all Dispatches from Ireland should be safely kept apart for the easier and readier recourse thereto and that His Majesty approves of the Repair of His Subjects to appeal to Him notwithstanding any Prohibition in Ireland to the contrary and orders That no body be prosecuted or molested on that score and that the Irish Committee shall have Copies of all Records Certificates Orders of Council Publick Letters or other Entries that are necessary to manifest or prove their Grievances And this Letter was on the Tenth of February 1640. by the Irish Parliament then sitting ordered to be entred amongst the Records and Ordinances of that House And soon after Rushw 15. the Irish Parliament did vote the following Grievances to be transmitted to their Committee in England which it seems were couched in Two Petitions one to the King and the other to the Parliament and both carried over by John Bellew
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
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
Cessation pretending that they were just then come to hand and that he was sorry they did not come sooner 2. By the like Action in continuing the Siege of Castle Coot after notice of the Cessation as aforesaid 3. By Publishing the Pope's Bull after the Cessation which was an Encouragement to the Rebels to persist in their Rebellion and did seduce others of the Papists that were not then engaged in it 4. By taking 369 Head of Cattel from the Suburbs of Dublin on the 18th of September 5. By seizing on the Black Castle of Wicklow and murdering the Protestants there And 6. In not sending any formed Troops or Regiments to the King's Assistance as they promised to do And lastly In not paying the 30800 l. according to Agreement But if we are curious to know what was done in England in reference to the Affairs of Ireland we may find That on the 5th of May Sir Robert King Mr. Jepson and Mr. Hill waited on His Majesty with a Bill For a speedy Payment of Moneys subscribed towards the Reducing the Rebels in Ireland Husbands 2. Part. 161. which yet remains unpaid which they prayed Him to pass into an Act but His Majesty desired first to be satisfied how the rest of that Money was disposed of and how he should be secured that what is yet unreceived shall not be misemployed and whether it be fit to compel voluntary Subscribers by a greater Penalty than was at first made known to them viz. The loss of what they have already paid and whether the Power given by this new Bill to Warner Towse and Andrews whose Integrity he has no assurance of be not too great and whether Purchasers and Creditors may not be prejudiced by the Extents mentioned in this new Act. And on the 16th of June both Houses issued a Declaration purporting That the Kingdom of Ireland is in a sad condition but that the Papists are in as much want as the Protestants and therefore if the later were well supplied the former would be easily subdued that their Ambition to be independent from England and their inveterate Hatred against the Protestant Religion Ibid. 217. have been the causes of their Barbarousness to the English that they have been assisted by the Catholicks of other Countries And can it be say they that God's Enemies should be more violent and indefatigable for restoring Idolatry in a Kingdom foreign to theirs than we zealous in propugning God's Truth in our own against Barbarous Traytors and Monstrous Idolaters Shall the common Incendiaries of both Kingdoms strip themselves of all they have to accomplish our Destruction by devouring that rich and fruitful Island And shall the good People of this Nation of the same Blood and Religion with them think any thing too dear to redeem them seeing thereby we secure our selves by preventing the Rebels from coming hither We will therefore even in this distracted time assess 200000 l. on the Kingdom of England to be paid in two Years which will give credit for the present Relief of the Starving condition of Ireland and shall be reprized to the several Counties in the nature of the Adventurers for Land in Ireland Therefore we cannot doubt of chearful Submission hereunto since we cannot expect that God should bless us if we be wanting to our distressed Brethren and indeed to our selves for the malice of the Rebels is such that if they can root us out of that Kingdom they will not despair of extirpating us out of this and therefore we recommend all well-affected persons to a liberal Contribution to such a pious and commendable Work And on the 14th of July they issued another Declaration Ibid. 233. for the farther encouragement of Adventurers And on the 25th of July the Parliament publish'd their long Declaration which deduces the Affairs of Ireland historically from the beginning of the King's Reign and concludes that the Irish Rebellion was projected and incited by those Councils then prevalent with the King and that the Queen and her Priests and the Papists of all the three Kingdoms have been principal Actors and Sticklers therein And on the 5th of September they made an Ordinance That no man upon pain of losing his Ship do transport any Person out of Ireland into England without license c. And on the 18th they made an Ordinance for a Collection for the Clergy of Ireland and on the 18th of October they made a Weekly Assessment for the Support of such Forces in Ireland as oppose the Cessation and on the 24th they order That no Irish man or Papist born in Ireland shall have Quarter in England and in November they ordered That the Solemn League and Covenant should be taken in Ireland But the Cessation being confirmed by Patent under the Great Seal the Lieutenant General pursuant to His Majesty 's repeated Orders was busie in sending Forces to the Kings Assistance in England and because the Soldiers were generally very unwilling to fight against their own Country men whilst the Irish Rebels would insult over their distressed Companions and Relations that should be left behind there was an Oath of Fidelity contrived Sâ—e it Burlace 133. which every one of them were forced to take and several Penal Edicts were published against those who should desert or return and so in January the Regiments of Sir Michael Ernly Sir Richard Fleetwood Colonel Monk Colonel Gibson Colonel Warren c. were sent from Leinster as Sir William Saintleger and Colonel Myn were from Munster and though most of the former met with their Destiny at Nantwich and the later at the Siege of Glocester yet the arrival of these and other Forces out of Ireland did influence the Parliament to consent to the Treaty at Uxbridge which nevertheless did not produce that happy effect which all good men desired And little more than this was done in Ireland except Contests about setting out of Quarters and other Executions of the Articles of Cessation which shall be mentioned in each Province apart and the Preparations for the Treaty at Oxford which shall also be taken notice of in our account of that matter until the 21th day of January at which time JAMES Marquis of ORMOND was sworn Lord-Lieutenant at Christchurch in Dublin and took the following Oath Viz. You shall swear That you shall faithfully and truly to your power serve our Sovereign Lord the King's Majesty in the Room and Authority of Lord Lieutenant and Chief Governor of this His Realm of Ireland you shall maintain and defend the Laws of God and the Christian Faith you shall to your power not only keep His Majesty's Peace amongst His People but also maintain His Officers and Ministers in the Execution and Administration of Justice you shall defend His Majesties Castles Garisons Dominions People and Subjects of this Realm and repress His Rebels and Enemies you shall not consent to the Damage and Disherison of His Majesty His Heirs nor Successors neither shall you
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
Assistance of the Lord Digby they brought the matter so far to bear that on the 12th of November the Lord Digby writes thus to the Lord Lieutenant Yesterday the Lord Clanrickard and I finished our Negotiations to which Preston and his Army and Sir Philem O Neal and part of Owen Roes Army will submit You may depend on this Engagement of Preston and his Army since it cannot be violated without such a Perâ—idy ☞ as certainly the Profession of Soldiers and Gentlemen hath never been guilty of The most that will be expected from you is a Declaration to this effect That whereas it is well known even by His Majesties Printed Letters that His gracious Intentions were to secure His Catholick Subjects of this Kingdom in the free Exercise of their Religion by repeal of the Penalties of the Law against them which in the last Articles was left out by the Subtilty of some of their own Party who intended to found this late mischief upon it that it was far from His Majesties intention or Yours to take advantage of that Omission but that they may rest as secure of His Majesties Favour in the repeal of the said Penalties as if it had been positively exprest in the Articles and that for matter of their Churches and Ecclesiastical Possessions it being referred to the King it was far from Your intentions to molest them therein till you knew His Majesties Pleasure in that particular As for your Engagement to obey His Majesties free Commands the Queen and Prince of Wales and my Significations to the advantage of the Catholicks during His Majesties want of Freedom and that you will not obey such Commands to the prejudice of what is undertaken as shall be procured by advantage of His Majesties want of Freedom Your Letter to the Marquis of Clanrickard will suffice you must proceed frankly c. And this was the Posture of Affairs when on the 14th of November Commissioners arrived from the Parliament with Fourteen hundred Foot and other Necessaries for the Preservation of Dublin which they expected to be given up to them upon the Terms proposed In what Condition was the Marquiss of Ormond now he had two inconsistent Treaties upon his hands and both well nigh concluded and he was in Danger least his own Army who abhorred any farther Correspondence with the Irish would with the Assistance of the Fourteen hundred Men newly come Deliver up both Dublin and him to the Parliament of England It is certain he had need of all that Dexterity and Presence of mind that he was Master of to extricate himself out of these Difficulties as he afterwards did It was never a Doubt with him whether he should preserve the Kingdom for his Majesty or submit it to the Parliament but the Question was whether an Union with the Irish would do the former since their Levity was such as that there could be no dependance upon them I have seen all the dispatches between Ormond and Digby upon this occasion and can assure the Reader that the Lord Lieutenant was prevailed upon against his own Judgment by the Lord Digby's importunity and when he did Consent he foretold the issue of that Reconciliation But we will first give an Account of the Treaty with the Parliament Commissioners and then discover the farther Proceedings with the Irish The Lord Lieutenant and Council being pressed by Enemies without and Necessities and intolerable Wants in the City did on the 26th day of September by Letters to the King and to the Lord Mayor of London represent the miserable Condition they were in and did also send over the Lord Chief Justice Lowther Sir Francis Willoughby and Sir Paul Davis in one of the Parliaments ships to the Parliament of England with Instructions from himself and the Council and other Instructions from the Council only The Instructions from the Lord Lieutenant and Council were 1. That a Difference ought to be made the between those that were Contrivers and first Actors of the Rebellion and those that by the Torrent of that Rebellion were afterwards accidently engaged therein and that the Confiscatitions of the former were sufficient to satisfie the Adventurers 2. That they demonstrate the necessity of making the late Peace for the Preservation of the Protestants for tho' the Protestants do survive the breach of the Peace the Reason is because the Irish are now divided and their Frame of Government dissolved 3. That before the Peace they the Lord Lieutenant and Council did enter into a Treaty with the Parliament Commissioners in Ulster to prevent it but by the Departure of the Marquis of Argile into Scotland and of Sir Robert King into England that Treaty fell for want of a sufficient number of the Commissioners and that misfortune was followed by the defeat of Monroe and the Scots at Bemburb 4. That England has receiv'd advantage by the Peace First by their experience of the perfidiousness and Treachery of the Irish ☞ And Secondly by obtaining just cause to use them severely 5. That the Covenant may not be impos'd until it be done by Act of Parliament that nothing of it may be now imposed lest it divide the Protestants and hinder them from a joynt prosecution of the War and for the same Reason the Book of Common Prayer be not suppressed but let those use the Directory that will 6. To â—ustifie the Goverment and Conduct of His Majesties Servants and to wipe off all Scandals 7. To preserve the Estates Persons and Imployments of all those that went hence to serve His Majesty in England and did not joyn with the Rebels at least to get them Liberty to compound or to transport themselves and their Goods 8. That it be immediately published we have free Commerce and Traffick with the Parliaments Towns and Allies and that three or four Ships be sent to Guard our Coasts from the Rebels 9. That Magazines of all sorts be speedily prepared at Liverpool Chester c. 10. To advise them that if Succours be not immediately sent all will be lost and the recovery of it will cost ten times as much Blood and Treasure as it will to keep it now 11. That if the Soldier be not constantly Paid he will revolt to the better Pay-master and that the Revenue here does not keep the publick Persons and Clergy from want 11. That Directions be sent to the Parliaments Forces in Ulster Munster and Conaught to correspond and joyn with Us. 12. That if they send Forces under their own Officers Care be taken to Pay ours equally with theirs to prevent Difference and Mutiny 13. That Sir Francis Butler Colonel Richard Gibson Colonel Henry Warren Colonel Monk and Lieutenant Colonel Gibs now Prisoners with the Parliament Being Men that know the Country and are experienced in the Service may be rather sent than Novices and Strangers or any others Lastly Men without Money and Victuals will do us more harm than good And if as soon as you are
at London you do not advertise us that Succours are coming our Necessities can admit of no delay but will oblige us to think of some other Course The Instructions from the Council were 1. To demonstrate that the Lord Lieutenant and Officers now employ'd being experienced will be more Serviceable to the Preservation and Reduction of Ireland than any others 2. That we prefer the interest of the Crown of England before our particular advantage and therefore rather than our continuance shall hinder Supplies we will surrender but because Patentees cannot leave their Places without His Majesties allowance and are sworn to that effect you must declare that they will resign So as His Majesties Direction be therein obtained and all of them preserved in Persons and Estates and indemnified from publick Engagements and repaid their Disbursements for the publick and be protected for Six Months from private Debts and have Liberty to transport themselves and their Apurtenances where they please And Pursuant hereunto there were two Sets of Proportions delivered to the Agents the first from the Lord Lieutenant only was 1. That he would prosecute the War against the Irish Rebels as vigorously as he shall be thereunto enabled by the Parliament and will faithfully serve the Crown of England therein 2. That neither the Forces he has nor the Forces or Supplies that shall be sent him shall be otherwise employed than according to the Directions of the Parliament of England 3. That he will neither make Cessation or Peace with the Rebels without Consent of King and Parliament of England 4. That he will be oblig'd hereunto by Oath or otherwayes Competent for a Man of Honor and Conscience The other Proposals were from the Lord Lieutenant and Council demanding 1. Three thousand Foot and Five hundred Horse which will make up those here to be Seven thousand fifteen hundred Foot besides Officers and One thousand Horse besides Officers which at three days Pay in a Week amounts to 8258 l. 12 s. od per Month of Twenty eight days and that three Months Pay for them be sent and 1000 l. for Contingencies and Ammunition c. convenient and some spare Arms and Swords 2. That all that have constantly and faithfully served in this War may be preserved in Persons Estates and Employments and the like by those that were for some time forcibly kept by the Rebels but left them as soon as they could and the same of those that went to serve the King in England and the like of so many of the Irish as are accepted of as Adherents to His Majesties Protestant Subjects in this Cause They also wrote to the Speaker of the House of Lords That they were necessitated to make the Peace and the Irish broke it because the British Plantations in Ulster were not subverted And Secondly because Popery was not established in its fulness of Jurisdiction and Practice That Athlone was surpriz'd That they were reduced to Extremity and refer'd themselves to the farther report of their Agents and prayed immediate Assistance Upon the Receipt of these Letters the Parliament of England resolved to send Succours as fast as they could but well knowing that Ormond and his Party were unmoveably fixed in their Loyalty they resolved not to continue him in the Government but to proceed upon the other Overture and to send Commissioners over to receive the Sword and Garisons from him and that being done to settle such a Chief Governour as they should think fit And accordingly they did send over Sir Thomas Wharton Sir Robert King Sir John Clotworthy Sir Robert Meredith and Richard Salway Esquire Who on the 13th day of November arrived in the Bay of Dublin they immediately sent to the Lord Lieutenant that they had matters of importance for the Preservation of the Protestants of Ireland to Communicate to his Excellency and desired his safe Conduct which was accordingly sent them and the next day they Landed and on the 15th they delivered his Excellency a Copy of their Commission and of the Ordinance of Parliament and of their Instructions which were to this Effect To assure the Marquis of Ormond and Earl of Roscomon c. that the Parliament would take the Protestants of Ireland into their Protection and if he would surrender up the Sword and Garisons in four days that then Ormond should enjoy his Estate and have Indemnity from Debts contracted on the publick Accoâ—â—â—s and shall be protected against all Debts for a Twelvemonth that he and his followers may have Passes to go where they please that Ormond should have Two thousand Pound per annum for five years and longer if he cannot receive so much out of his own Estate and that Ormond may live in England if he will submit to all Ordinances of Parliament and that for a Twelvemonth he may live in England and shall not be pressed to any Oath he engaging his Honour not to do any thing disserviceable to the Parliament during that time Then the Lord Lieutenant demanded if by the word Protection it was intended that the Protestants should enjoy their Lives Liberties Estates and Employments without Molestation of the Parliament he also desired to know when the abovesaid four days were to begin and to what Persons and to whose use the Sword and Garisons were to be delivered The Commissioners answer'd They could not explain the word Protection but doubted not but a fair Interpretation would be made thereof That the four days commenc'd 15 November at Nine in the Morning and the Sword and Garisons were to be surrendred to them the Commissioners to the use of the Parliament of England in order to the Preservation of the Protestants of Ireland Ormond repli'd That he could not remit the Safety of the Protestants to the incertainty of a future Interpretation The Commissioners then produc'd an additional Instruction to give such Protestants as they condition withal except such as have been in the Irish Rebellion Assurance of Security to their Persons Estates and Goods in Ireland and that they may live quietly under the Protection of the Parliament submitting to the Ordinances of Parliament and compounding for their English Estates at two years Purchase On the Sixteenth of November the Commissioners offered Assistances of Men and Ammunition for the present Defence of Dublin or Caution they be employ'd to no other use and be restored if the Treaty break off Then Ormond demanded Whether the Protestants that concluded the Cessation or Peace should be interpreted to be in the Irish Rebellion To which the Commissioners answered in the Negative And being farther demanded Whether they expected every protestant should treat for himself or that Ormond's Treaty should suffice for all they answer'd It should serve for all that submitted to the Parliament within twenty days after notice Then Ormond ask'd Whether it was expected they should submit to all Ordinances of Parliament that were or should be made The Commissioners answer'd He saw the Words and they had no
and Justice Cook Assistants and it sat in the same place where the Supream Council us'd to sit Anno 1642. Afterwards the like Court was held at Dublin before the Lord Chief Justice Lowther and others and there Sir Phelim O Neal was tryed condemned and executed and it is observable that being urged both at his Tryal and Execution to discover the Commission he had from the King for the Rebellion of 1641 and that he should be pardoned both for Life and Estate he confess'd in both places That he had no such Commission but that he took the Seal from a Patent he found at Charlemont and fixed it to a Commission he had caused to be written in the King's Name and that Michael Harrison then present in Court and confessing the same was the person that sticht the Cord or Label of the Seal with Silk of the same colour These Commissions issued in the Name of the Commissioners of the Commonwealth of England for the Affairs in Ireland and that for Conaught bore date the 17th day of December 1652 and was signed by Fleetwood Ludlow and Jones and was directed to Sir Charles Coot Peter Stubbers Humphry Hurd Francis Gore John Desborough Thomas Davis Robert Ormsby Robert Clerk Charles Holeroft John Eyre Alexder Staples and others but I mention these because they sat upon the Tryal of the Lord of Mayo which began the 30th of December and ended the 12th of January at which time he was condemned by the Vote of seven of the Commissioners Gore Davis Clerk and Holcroft dissenting and accordingly he was shot to Death on the 15th But his Case being variously reported it will be convenient to give a faithful account of it as it appeared upon the Tryal which was thus Upon the Surrender of Castlebar which was besieged by the old Lord of Mayo and the Prisoner then Sir Tibâ—â—t Burk it was agreed by Articles that the English should march away with their Arms and be safely convoyed to Galway and though they were deprived of their Arms contrary to the Articles yet the Lord of Mayo and his Son the Prisoner with their Followers conveyed them safely to Ballynecarrow and the next day to Ballinroab and the third day to The Neal where they left Sir Henry Bingham on pretence of his being sick but as was suspected to preserve him from the subsequent Massacre the fourth day they came to Kinlagh and the next day to Shrule which it seems was two Mile out of the Road to Galway there they lodged that night and the next morning on the 13th of February 1641 an Ambush was laid on the other side of the Bridge which as soon as the English got over the Bridge fell upon them and by the help of the Convoy murdered about fourscore of the English the Protestant Bishop of Kiâ—lalla and a few others only escaping This matter of fact was thus proved Four Witnesses swore that the Prisoner was present at this Massacre and did not oppose it and that the Convoy were the Murtherers and that the Lord Mayo's Fosterers Servants and Followers were of that number and it was proved that the Lord Mayo the Father engaged by Capitulation to Convey the English safe to Galway and that they were disarmed by his Command and some of them were Plundered and Stript by the way by the Convoy and could get no redress from the Prisoner or his Father that the Convoy pricked forward the English over the Bridge towards the Murderers and the old Lord Mayo went to a little Hill hard by to look on that the Prisoner was seen to come over the Bridge from the Murtherers after several English-men had been killed and had been actually amongst them with his Sword drawn that the Father refused to Convoy them any farther than Shrule and that the Prisoner was the first Man that entered Castlebar after the Capitulation And the substance of the Prisoner's Defence was That he had no Command of the Party but with two Servants only came to attend his Father that on the Outcry he went over the Bridge and drew his Sword with design to preserve the English but being shot at by one of the Murderers he got a Horse having lent his own to the Bishop of Killalla to make his escape and rode away before the Murther was commited and if he had not fled he had been killed himself and that he was kind to the English and preserved many of them both before and after and that the Protestant Bishop of Killalla had declared That he believed this Action was done in spight to the Prisoner and by Letter acknowleged his Civility to himself But to proceed the like High Courts of Justice were held at Cork Waterford c. but so many of the Murtherers had been destroyed by the Sword and the Pestilence that not above two hundred suffered by the hands of the common Executioner In the mean time on the 12th of August they passed in England an Act for the settling of Ireland wherein the Marquess of Ormond the Protestant Bishop of Derry the Earl of Roscomon and the Lord Insiquin were by name excepted from Pardon for Life or Estate equally with many others therein named that were guilty of the first Rebellion And so we are come to the Year 1653 wherein I cannot find any thing that looks like War and yet it was the 26th day of September before it was declared That the Rebels were subdued and the Rebellion appeased and ended Whereupon they immediately proceeded to the Distribution of Lands to the Souldiers for their Arrears and to the Adventurers for their Money And thus ended a REBELLION which began with TREACHERY and CRUELTY and continued with OBSTINACY against all the Tenders of MERCY and the utmost CONCESSIONS a Gracious King could make and was supported by an OATH of ASSOCIATION and Propositions annexed thereunto wherein there is not a word but breaths HIGHTREASON except a few of the first Lines which sets up the KING's NAME and AUTHORITY in PAGEANTRY and MOCKERY to be Crucified and Contradicted by all that follows FINIS A LETTER To the AUTHOR of the History of Ireland CONTAINING A Brief Account of the Transactions in that Kingdom since 1653. SIR I Do very well approve of your resolution to close the Second Part of your History of Ireland with the end of the Irish Rebellion for besides that it is impossible for you at this distance from the Records and Council-Books in Ireland to give so full and satisfactory an Account of that Kingdom from 1653 forwards as you have given of the time before it is certain that the Intrigues of the Acts of Settlement and Court of Claims the Transactions in the late Reign and the present stupendious Revolution will afford matter more than enough for another Volume nor indeed can your History be so compleat as I expect it will be if it were closed with any thing less than the Glorious Issue of the present War However I do not offer this
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
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
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
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
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
House of Commons consisted of Two hundred thirty two Members whereof about Six were absent so that of sitting Members One hundred twenty five were Protestants and 〈◊〉 were Pâ—pists But the List of the Commons being called over by the Clerk of the Crown No others but such as were return'd as aforesaid were suffered to enter the House of Lords to hear the Lord Chancellors Speech but that being ended the Commons were ordered to their own House to chuse a Speaker whom they were to Present to the Lord Deputy the Friday following and the Lord Deputy told them that the King had recommended a Speaker to them one his Lordship thought beyond exception and should be named to them by some of the Privy Council when they should come to their House And accordingly the House being sate Sir Thomas Ridgway Vice-Treasurer and Treasurer at Wars made a storid Speech and in the end proposed Sir John Davis for their Speaker and that he was the Man the King and Deputy thought fittest for that Office which was answered with a great Acclamation of Consent Hereupon Sir James Gough stept out disorderly into the midst of the House and offered to make a Speech there but being ordered by the House to go back to his place and speak there he did so and then stragling from the Matter in question which was the Choice of a Speaker he alledged that the new Corporations had no Right to chuse nor could any Body not resident or inhabiting in any Corporation be chosen Citizen or Burgess of it and therefore desir'd that Matter might be examined but concluded nothing as to the Speaker till being demanded for whom he gave his Voice He answered for Sir John Everard late one of the Judges of the Kings-Bench but being an obstinate Recusant was by his Majesties special Orders removed Gough was seconded by Sir Christopher Nugent and William Talbot late Recorder of Dublin who moved to the same Effect that the House should he first purged of illegal Members before they proceeded to the Choice of a Speaker Sir Oliver Saint John Master of the Ordnance reply'd That he knew by experience in sundry Parliaments in England that the Course and Usage was first to chuse a Speaker and then to settle Committees and examine Elections and that in their proper Season all Disputes about Elections or returns should be decided according to 〈◊〉 and to the Satisfaction of all good Men and concluded in 〈◊〉 of Davis and gave his Vote for him Hereupon the House was in a confusion Some crying Davis others 〈◊〉 but this noise being over Sir Oliver Saint John said It was the Usage of Parliament to decide Controversies by Questions and Questions by Votes that the Affirmative party usually 〈◊〉 out of the House and the Negative staid behind and so he 〈…〉 were for Sir John Davis to follow him out 〈…〉 to the number of One hundred twenty five The Treasurer and Marshal 〈…〉 Sir Christopher 〈◊〉 and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary those in the House gathered themselves into a 〈◊〉 that so they could 〈…〉 however the whole number of the House 〈…〉 Two hundred thirty two where of Six were absent it was manifest that Sir John Davis had the Major Vote the Papists knowing this thourght to gain their point by a Trick and therefore whilst the Protestants were numbering without the Papists within that the Door and pretending themselves because Actually fitting in the House to be the House of 〈◊〉 they unanimously chose 〈◊〉 and 〈…〉 The Protestants being return'd 〈…〉 contemptuous Proceeding and declar'd the Election of Davis and desir'd 〈◊〉 to leave the Chair but 〈…〉 still and thereupon Sir Oliver Saint John told him that if he would not come out they should be oblig'd to pull him out and accordingly the Treasurer and Marshal did take Davis and fet him in the Chair on Everand's Lap but Everard continued obstinate and therefore the Treasurer Master of Ordnance and others did gently remove him and did place Davis in the Chair altho Sir Daniel O Brian and Sir William Bank endeavored to keep him in Hereupon all the Papists departed the House into an outward Room for the outer Door was shut by Orders of the House on their first sitting and Sir John Bleverhasset and Sergeant Beer being sent to them to desire their return to the House were answered that they would not return but would appeal to the Lord Deputy then Mr. Treasurer and Sir Henry Power went to them again and Mr. Talbot in the Name of the rest told them That those within the House were No House nor their Speaker No Speaker but that They were the House and Sir John Everard their Speaker and they would complain to the Lord Deputy and the King After this Sir John Davis began his Speech to excuse himself c. but Sir William 〈◊〉 and Sir Christopher Nugent interrupted him and rudely rushed in to call for the Keys of the outer Door and being ordered to take their Places they refused and contempruously went out again and the outer Door being opened all the Papists went out and protested they would return to the House no more On Friday after the House sat to the number of 130 whereof 14 Privy Counsellors and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance and told them That William Talbot had been with his Lordship and receiv'd Commands that the Papists should return to the House and that Talbot had desir'd an hours time to return an Answer and that his Lordship had given time till Three in the Afternoon and therefore desir'd that the Commons would send their Sergeant at Arms to summon the Recusants to be at the House at that time but the House refused to send their Sergeant at Arms because the Recusants had appeal'd to the Deputy so they rose and met again at Three a Clock but no Papists came near them and therefore they went by themselves to the Deputy and presented their Speaker and being ask'd whether they were the greater number of the House and unanimous in the Election They answered in the Affirmative so their Speaker having made the usual Speech was approved of and then he made an excellent Discourse about Parliaments in general and This in particular and then the Commons went to their own House and adjourned to the next day In the mean time on the 19th of May the Popish Lords wrote a Letter to the King full of Complaints of the strange and preposterous Proceedings as they term'd it about the Speaker they express'd their Passions with moving Epithits stiling their Sedition Pins dolor and Justa-Iracundia they did not vouchsafe to give the Parliament that Name but called that Assembly An intended Action they also called the New Burroughs Titulâ— sine re and sigmenta sine rebus nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations and
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enactedâ— And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna mentâ— secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
their first Legate to the Pope and Secretary to the Supream Council But to proceed the Supream Council could not deal with the Nuncio and his Party without the Assistance of Insiquin for Owen Roe stood firm to the Nuncio so that on the 11th of June he proclaimed War against the Supream Council altho' he had sworn Fidelity to them but 't is probable the Nuncio absolved him of that Oath Beling 118. and therefore they did not only borrow Five hundred Horse from Insiquin under the Command of Major Doily but did also on the Twenty seventh of May publish a Declaration exhorting the People to their Duty and Defence and did likewise renew their Oath of Association on the 20th of June and the same day declared War against Owen Roe and his Adherents In the mean time the Nuncio the very next day after he had Excommunicated the Supream Council sent them word that he design'd to Indict a National Synod at Athlone but they were so far from approving of that that they ordered the Marquiss of Clanrickard who sided with them ever since this last Cessation with Insiquin and whereof he was a great Instrument and General Preston to besiege Athlone which they accordingly perform'd and took it before Owen Roe could march up to its relief Upon the taking of Athlone the Nuncio went to Gallaway which Town had agreed to the Cessation and therefore all Divine Offices were interdicted and the Churches were shut and the very Ensigns of Authority were forced from the Mayors own House but that Insolence occasioned such a Tumult that if those Badges of Office had not been immediately returned to the Mayor by the same hand that took them it had certainly come to Blows and Blood in the very Streets and as it was two or three Men were slain in the Scuffle when the Archbishop of Tuam caused the Church Doors to be opened by force Review 132. But what is yet more horrible and monstrous is that the Fryars every where Preached unavoidable Damnation to all those that should adhere to the Cessation which Doctrine confounded the silly People to the utmost Degree of Distraction and Madness and yet as if this were not enough when those who had some Sense and Moderation yet left made a Scruple to fight against their near Relations and those of their own Religion for so small a matter the Nuncio for removing those Scruples published the following Declaration IN the Name of God Amen Whereas about Our last Decision concerning the Publication of the Cessation it was objected by some that altho' for the avoiding of some Loss of Temporal Goods they could not with a safe Conscience publish that Cessation yet it is doubted by them whether the same â—e not Lawful for the avoiding of such Blood-shed and Slaughter as might follow upon the opposition made against it We by these Presents declare that it is a Mortal sin against God and his Church and a breach of the Oath of Association either to procure or suffer the Publication of that Truce and that Catholicks ought and are bound to undergo the Loss of all their Temporal Goods their Liberty all that is dear to them and even their Life it self rather than publish or obey it This also was the Sense of these Our Words in Our former Decree Nullo modo licet c. And indeed We well know that Men cannot lose their Goods in this Dissension without the Slaughter of some or perhaps of many In Witness whereof We have Signed these Presents with Our own Hands the 13th day August 1648. Jo. Bap. Rin. Jo. Rapoten But before this the Nuncio had on the 13th of July summoned a National Synod to sit at Gallaway on the 15th of August whereupon the Supream Council sent him a Letter of the 26th of July shewing the Inconveniencies of that Congress but it had no effect on him for as he was used to do he persisted obstinately in his own Sentiments Whereupon the Council summoned a General Assembly to meet the 4th of September and about that time Antrim Muskery and Brown returned from their Ambassy to France but when they reported to the Assembly that the Queen and Prince intended to send over the Marquiss of Ormond the Popish Clergy who hated him above all others were dissatisfied to the highest Degree and did all that was possible to betray Killkenny and the Supream Council to Owen Roe and if some * Appendix 41. Letters from Fryar Paul King to the Titular Bishop of Clogher had not been intercepted they had in all probability effected it For that Owen Roe might be at leisure to ruin the Supream Council he did make a Truce with Jones Beling 126. and was so hearty in it that he wrote to the Protestant Bishop of Clogher the following Letter which was intercepted To the most Reverend the Bishop of Clogher MAKE haste to Ballysonan and thence to Catherlogh and I will endeavour to defend you Costologh is joyned with Preston and so â—â—â—â—part of the Lord Insiquin's Army all which I will so keep imployed that they shall not be able to hurt you Owen O Neal. But whilst these two Factions were Bandying one against another Insiquin's Army in Munster for want of Supplies which they could not have from England whilst they Acted in opposition to the Parliament was in some Distress whereupon the Colonels Townsend and Doyly by Insiquin's Orders as they averr'd but he denied wrote to the Committee at Derby House That if the Parliament would pay their Arrears and pardon their Defection they would return to their Obedience Hereupon Colonel Edmond Temple was sent over to treat with Insiquin about it but Sir Richard Fanshaw the Princes Secretary got there before him and established Insiquin in His Majesties Service so that Townsend and Doyly were for some time imprisoned and so were Sir William Fenton and Colonel Phair but those last were afterwards Exchang'd for Insiquin's Son then Prisoner in the Tower of London being the Hostage for his Fathers Fidelity and not long after JAMES Marquiss of ORMOND Lord Lieutenant Landed at Cork on the Twenty ninth day of September where he was respectfully received by the Lord Insiquin and his Officers and on the Fourth of October he wrote to the Supream Council that His Majesty had sent him Pursuant to their Requests and that he desired they would send Commissioners to Carrick to treat of a Peace which they readily obeyed and on the Sixth of October his Excellency published a Declaration mentioned Appendix 42. But it may be enquired how it came to pass that when the Confederates desired a Roman Catholick Vice-Roy so passionately and above all other Protestants ahorr'd Ormond as for many other Acts prejudicial to Popery so especially for surrendring Dublin to the Parliament that yet he should be the very Man that should be sent unto them to which it might be answer'd in General and from good Vouchers That Ormond was the Person in the
World upon whose Loyalty and Conduct in the Affairs of Ireland His Majesty did most depend But there is yet a greater Mystery in the matter and it was thus Whilst Ormond was in England the Scots * Earl of Lanerick Earl of Lauderdale 〈…〉 Commissioners finding what usage was design'd to the King did endeavour to retreive the Honour of their Nation by doing something extraordinary in his Favour and the Presbyterians every where finding the prevailing Independents did despise the Sanctity of the Covenant and the Supporters thereof began to be Alarm'd so a proper Juncture of doing Service to the King was suddenly expected hereupon Ormond by the Kings Order met the Scotch Commissioners near Marlow and they for Scotland and he for Ireland undertook to promote His Majesties Service and in order to it he went to France and so into Ireland to prosecute this Design and not in Answer to the Irish Ambassy as they sancied and the same Reason prevailed upon Insiquin to joyn with him and it was pursuant to this Treaty that the Earl of Lanerick then Duke Hamilton invaded the Kingdom of England But as soon as the Parliament Commissioners in Ireland understood 27th July that the Marquiss of Ormond intended to return to that Kingdom they did all that was possible to prevent his Design and upon bare Suspicion seized upon Sir Maurice Eustace Sir John Gifford Sir Francis Willoughby Colonel William Flower the Lieutenant Colonels Ryves Capron and Smith Major John Stephens and Captain Peirce and kept them Prisoners in the Castle for some days and then sent them in Custody to Chester and they also kept Sir Thomas Lucas and Colonel Byron Prisoners at Tredagh As for the Military Motions this Year tho' they were not many nor in many Places Munster being entirely quiet and very little either of Leinster or Ulster disturbed yet they may be esteemed very considerable because they were between the Irish themselves for Insiquin had managed his Affairs so prudently by assisting the weaker side and the Nuncio had Acted so rashly in Excommunicating the Supream Council and their Adherents that Owen Roe and Preston and their Followers were engaged in as * Quod quidem ille acrius quam unquam fecerat in communes Religionis Regni hostes in Confederatos presecutus est Beling 118. fierce and as spiteful a War as any that had been since the Rebellion broke out so that Preston assisted by the Marquiss of Clanrickard took Athâ—one and besieged Athy and Insiquin in favour of the Supream Council besieged Fortfalkland and tho' Owen Roe came to relieve it and posted his Army so advantagiously between Insiquin and Munster that the English had certainly been starved if the generous Bounty of the Marquiss of Clanrickard had not supplyed them with Necessaries yet at length Owen Roe was forced to a retreat not much different from a Flight and the Fort was surrendered to Insiquiâ— and with these Losses November and this Disgrace Owen Roe was so netled that he ravaged over the whole County of Roscomon and took Jamestown and so obstinately Stormed Carigdrumrusk that Rory Macguire and most of his Regiment were there slain and in revenge of it the Garison being all Papists were put to the Sword And by this Campaign Owen Roe was so weakned that he offered a Cessation to Colonel Jones and to carry his Army to Spain if Jones would give him Liberty to do so And it seems That the Marquiss of Antrim had some Highlanders in the Counties of Wicklow and Wexford which being joyned with the Birnes and Cavenaghs who were of the Nuncio Faction and rejected the Peace gave such Disturbance to the Supream Council that they were fain to send Sir Edmond Butler and Sir Thomas Esmond to suppress them which at last they effected tho' not without considerable Slaughter on both sides In the mean time Jones took Ballysannon Nabber and Ballyho and many of the Scots being gone to assist Duke Hamilton's Invasion of England Colonel Monk by the means of Sir Price Coghrun and Lieutenant Colonel Cunningham surprized Carigfergus and in it Monroe September whom he sent Prisoner to London and then had an easie Conquest of Belfast and Colerain and Sir Charles Coot had no very hard one of the Fort of Culmore and for those good Services the Parliament Presented Colonel Monk with 500 l. and made him Governour of Carigfergus But in November the Irish Ambassadours to the Pope returned to Ireland and brought with them abundance of Relicks but no Money Beling 196. as may be easily gathered from the following Letter from Sir Richard Blake to Sir Robuck Linch Sir THIS day the Lord Bishop of Fernes and Mr. Plunket gave an account of their Negotiation to the House they made a full Representation to his Holiness of the desperate Condition of the Kingdom that without present and good Supplies which they expected from his Holiness there was no hope of the Preservation of the Catholick Religion or Nation That his Holiness was bound in Justice to do it his Nuncio here having in a General Assembly of the Confederates undertaken That the Sum promised Sir Kenelm Digby for the Wars of England upon good Conditions for Catholicks would be applied to the Service of the Catholick Confederates of Ireland but after four Months attendance their Answer was there being no Intelligence then of our Distance or Divisions with the Lord Nuncio or Owen O Neal That his Holiness hath sent by the Dean of Firmo a considerable Help unto us and that he had no account how that was disposed of That the Turks were in Candia and threatened Italy That there was great Scarcity of Corn in Rome and the adjoyning Territories and that a great Sum of Money must be issued to satisfy the Commoners That his Predecessor Pope Urban had left the Treasury empty and the See deeply charged with Debt That the Cardinals and others who had Pious Intentions to advance our Holy Cause were Poor and hardly able to maintain their own Ports so that nothing could be expected from them And for the Conditions the Agents expected from his Holiness for Religion upon our Treaty with the Queen and Prince he said that it was not proper for the See Apostolick to grant any Articles to Hereticks though it be true that Catholick Princes in Germany and other Kingdoms do it As for the Nuncio's Engagement That the Catholicks of Ireland should be Supplied by his Holiness in their Maintenance of the War that he had no such Commission though it was true that his Holiness would give Money for Conditions of Religion but none upon the Event of War Our Agents heard not of our Disunion and Raptures in this Kingdom until after their taking leave of his Holiness and then when the same was known and published in Rome they heard from some eminent Persons That what his Holiness was resolved to give for our Support he knew not to what Party he