horrible acts of hostilitie which put them out of the Lords Justices power to receive them without further allowance and direction from your Majestie which they writ for and desired to receive Touching Sir Charles Cootes journey into Wickloe who with such a small force of English and Irish as the Lords Justices and Counsell could then raise set forth from Dublin on the 27. of November 1641. the designe being to relieve your Majesties Castle of Wickloe and one other only Castle kept by a subject but both besieged by Rebells All the Irish of that Countie having many dayes before risen in open Rebellion surprized your Majesties Fort of Cairis Fort Arckloe Fort Chichester and all the houses of the English in that Countie The Lord Esmonds house and the adjacent parts of Wexford robbed all the Brittish Protestants threatned to assault Dublin having robbed and preyed within two miles thereunto and committed all amnner of acts of hostility as is before particularized Hee had also direction to kill and spoile by fire and sword those Irish Rebells so farre as he could But it is not true that any there dicd by his command save one woman one whose backe certaine of the Protestants spoyles were found and twelve or thirteene men who were proved to have committed the same rebellious acts and such as fought with him in open field with Banners displayed where the Rebells being as hee conceived a thousand strong were by him routed and put to flight Neither could that journey any way terrifie those of the Pale or give them occasion of suspition of any violence intended against them being principally intended to prevent incursions and spoyles of the Irish to bee committed on them as they had in former times often done and against whom they had with much effusion of blood often defended themselves yet now so plainely appeares their preceded generall conspiracie in this Rebellion as they are not abashed despising the honour of their birth and loyaltie to your Majestie to professe sence of those Rebells sufferings and to mention your Majesties just vengeance taken on those antient and in all former and later ages and now declared Rebells and Traitours as one of their motives to take up Armes or at least to stand on their guard as they call it Touching the Act of Santry three miles from Dublin seeming to worke so much upon the Remonstrants as to put them into open rebellion against your Majestie as if they could resolve of a generall Rebellion in all the Kingdome in twentie foure houres It is fit to open the truth of this supposed fearfull and as may be said miraculous accident being of force almost to raise a whole County into Armes in one day against your Majestie and your peaceable subjects though the said County during six weekes after the conspiracie against the Castle of Dublin and the state was discovered and prevented did not seeme able or rather being unwilling by all faire perswasions of the Lords Justices and Counsell used to them to put themselves into a posture of defence against the Rebells of Vlster to find any Armes to arme their men or agree upon Captaines to command them notwithstanding they had upon the twenty two of November after severall invitations thereunto received out of your Majesties stores Armes and all other Munition for three hundred men And not withstanding that the Lords Justices and Councell in October 1641. wrote Letters to the severall Counties of the Pale to name their Captaines gather their men and fetch out their Armes which they deferred sometimes seeming desirous to have all things agreed on in Parliament which they knew could not then meet and sometimes upon other pretences And notwithstanding that they saw the inferiour people of those Counties formerly to rise in multitudes to murther rob and spoile the Brittish and Protestant Inhabitants amongst them without resistance or controll And in particular they had murthered Derrick Hubbert a Protestant Gentleman in his owne house and some others of his familie in the County of Dublin And about ten miles from Dublin besides many other so used in other parts and had spoyled Protestants in severall Villages within three or foure miles of Dublin in Fingall where the Remonstrants doe say the Inhabitants had felt no warres or troubles for foure hundred yeares before yet could Luke Nettervile sonne to the Lord Nettervile who dwelt but seven miles from Dublin in that County of Fingall and the other Gentrie of that County Arme and Muster at Swoards about six miles from Dublin about twelve hundred men on the seventh day of December 1641. to affront your Majesties Authoritie upon this only accident as they alledge to the killing of foure Catholiques or supposed Catholiques because called Catholiques as they would have it and for no other cause or reason at Santry aforesaid On Tuesday at night the fifth day of December by some Troopes of horse and foot Companies marcht out of Dublin by direction as the Remonstrants pretend of the Lords Justices and Counsell and their supposed partie which partie the Remonstrants would aswell have named if any such they had knowne for no such party was then heard of unlesse they meane your Majesties Counsell And before that time they suffered the Rebell Collonell Hugh Birne and many of the mountaine and Wickloe Rebells to enter into that Countrey and spoile the Brittish and Protestants which they had power to hinder and might have done if they had not beene of the Confederacy Whereas the truth of that accident is That on the said fifth day of December intelligence being brought to a Lievtenant in Dublin That his informer could bring him upon some of those that had murthered the said Derrick Hubbert and robbed and spoiled other Protestnats as aforesaid Hee by allowance of his Captaine as he afterwards upon examination declared without the privity or command of the Lords Justices or any of the Counsell or any other Commander authorized to that purpose tooke with him fourtie souldiers that night in pursuit of those murtherers and other Malefactors and comming to Santry hee found there foure persons lately come thither with such Armes as they could get in the Country whom he slue in the place and who as hee was informed were offenders And after this done hee passed somewhat further into the Countrey Note there were many Papists then dwelling in that Towne whom he did not hurt in search of the rest of the Malefactors but could not find them there having issued no other Troopes of horse or foot This rash act was the next day voyced in Dublin and the Lords Justices and Counsell hearing of it sent for the said Lievtenant who upon examination justified the Act affirming them to be Rebells And no man prosecuting the matter against him it there rested And as to the rest of the particulars in this Article pretended to bee motives to the Rebellion of the Pale and the other parts of Leinster whereas before that severall parts
of Leinster and many in the Pale were in open Rebellion as shall herein further appeare True it is that about the later end of November 1641. The said Luke Nettervile without any Warrant for the same caused Proclamation to bee made in the Market place at Luske about twelve miles from Dublin That all the Gentrie of the Countrey upon paine of death should within three or foure dayes after meet at Swoards within six miles of Dublin which was before the killing at Santry which meeting was held and there the said Nettervile of his owne authoritie made everall Captaines viz. Richard Golding Thomas Russell Francis Russell Robert Travers Christopher Hollywood Peter Cruâ—â— and Michael Murphy and others many of them men of estate and the rest branches of the Gentrie and there commanded them to bee with their Companies armed at the same Towne of Swoards on the seventh day of December following which was a short time for such a levie if they had not beene formerly combined and prepared to that Summons They observed it as fast as they could many of them comming thither on the seventh day of December aforesaid and on the eighth day of the said moneth they were there gathered together in bands about one thousand two hundred men armed as was informed to the Lords Justices and Counsell Their Lordships therefore on the ninth day of December aforesaid sent a Warrant to the said Nettervile and the rest in milde manner signifying to them the unseasonablenesse of the time chosen for such an act that howsoever a construction might be made thereof to their disadvantage yet their Lordships were unwilling to make an indulgent interpretation of their actions in regard of their good opinion they had of their loyaltie and conceiving there was some mistake in that enterprize they did choose rather to command them on their dutie of allegiance forthwith to separate themselves and no more to unite in that manner without direction from their Lordships And that the said Nettervile and six others of the principall of them should appeare before their Lordships the then next morning to shew cause for their so assembling and thereof not to faile at their extreame perils All which notwithstanding the said Nettervile and the rest did neither separate nor any of them appeare as was commanded but holding the Messenger as in restraint that night did on the enxt day write a mutinous Letter to the Lords Justices and Counsell acknowledging the receipt of the said Warrant and setting forth their feares by reason of the said killing at Santry and other rumours of unexpected attempts and desired to be secured of their lives which security was also granted them but they despised it Their intention being from another roote and of a higher nature then to meet in merriment in a Market towne and shake hands These men continued at Swoards and other Villages thereabouts till about the tenth of Ianuary following robbing spoyling and imprisoning all your Majesties Subjects that either lived thereabouts or that offered to passe that way being the roade to Drogheda then straitly besieged and soffering no provisions to be brought to Dublin that way threatning also daily to assault Dublin on the North side from thence and from other great Companies of the same confederacie out of Wickloe and Kildare setled on the South side of the Citie performing like hostile acts and giving out on all sides that they would have Masse in Christ-Church of Dublin on Christmas day next after All which time the Lords Justices and Counsell were nor able to send sufficient forces against them About the fourteenth day of that December those Rebells being encreased in numbers from other parts sent two severall strong parties to Santry and Finglas where they continued till the twenty second of the same December when they were beaten thence by your Majesties Forces Neither of which two places are above three miles from Dublin there to bee the more ready to annoy and set upon the Citie when the rest of the parties to the designe might bee ready which neere approaches much straitned all things in the Citie On the same fourteenth day of December those Rebells at Swoards sent another partie to Clantarffe about a mile and halfe from Dublin which Village belonged to George King who lay in garrison with the said Nettervile at Swoards and whose hand was to their Answer formerly mentioned And there gathering together from the other Villages on the Sea side about three hundred men they shewed themselves on a high ground neere Clantarfe to the open view of the Citie those Inhabitants being furnished with store of strong fisher-boates and having a few dayes before robbed and spoyled two English Barkes lying at Anchor neere Clantarfe in the roade of Dublin and threatning by themselves and other Rebells which lay on the South side of the harbour where Irish Boats also were to seize on all the shipping in the harbour and either burne them or make use of them to block up the harbour so to cutt off all accesse to that Port which the Lords Justices and Counsell much feared having then no shipping of strength there Thereupon their Lordships found it of necessity to adventure on some of those parties to trie if they could disperse them And therefore they considered that those at Santry and Finglas came thither by open force That those lands belonged to honest subjects who had not then offended That the forementioned outragious act was committed by those at Clantarfe And that the lands belonged to one in open hostilitie who had given assistance or countenance to the aforesaid rebellious act of robbing the Barkes and of robbing other your Majesties Protestant subjects passing that way and judging that that place and party threatned most danger in respect of the harbour And lest other Fishermen on that coast who for the most part joyned with the Rebells should take encouragement to come and strengthen their designe against the shipping and harbour considering also that by the assistance of those Coasters the Rebells of the County of Dublin had formerly on the third day of December 1641. robbed an English Barke at Skirries about twelve miles from Dublin and that the goods were divided amongst the Gentrie thereabouts the principall part thereof being magazined at the Castle of Master Barnewell of Brimore a prime man and some of the English carryed prisoners to the Lord of Gormanston who sent them Prisoners to Balrothry Thereupon the Lords Justices and Counsell did order that the Lievtenant generall of the Army should and men against them at Clantarfe who accordingly did on the fifteenth day of that December send out Sir Charles Coote with such a party as could bee spared to fall on those men at Clantarfe with direction that if they could beat them to burne that Village and either destroy or bring away all the Boats This was well performed by Sir Charles who killed some of the Rebells in the place and put the rest to flight
it evidently appear unto them that the said prorogation was against Law and humbly besought the Parliament might sit according to the former adiournment which was then the only expedient to compose or remove the then growing discontents and troubles of the land And the said Lords-Iustices and their party of the Counsell then well knowing that the Members of both houses throughout the kingdom a few in and about Dublin only excepted would stay from the meeting of both houses by reason of the said prorogation by proclamation two dayes before the time gave way the Parliament might sit but so limited that no Act of grace or any thing else for the peoples quiet or satisfaction might be propounded or passed and thereupon a few of the Lords and Commons appeared in the Parliament house who in their entrance at the Castle-bridge and gate and within the yard to the Parliament-house door and recesse from thence were invironed with a great number of Armed men with their match lighted and Muskets presented even to the breasts of the members of both houses none being admitted to bring one servant to attend him or any weapon about him within the Castle-bridge yet how thin soever the houses were or how much over-awed they both did supplicate the Lords-Iustices and Counsell that they might continue for a time together and expect the coming of the rest of both houses to the end they might quiet the troubles in full Parliament and that some Acts of security granted by your Maiesty and transmitted under the great Seale of England might passe to settle the minds of your Maiesties subiects To these requests so much conducing to your Maiesties service and the settlement of your people a flat denyall was given and the said Lords-Iustices and their party of the Counsell by their working with their party in both houses of Parliament being then very thin as aforesaid propounded an order should be conceived in Parliament that the said discontented Gentlemen took Arms in rebellious manner which was resented much by the best affected of both houses but being awed as aforesaid and credibly informed of some particular persons amongst them stood in opposition thereunto that the said Musquetiers were directed to shoot them at their going out of the Parliament house through which terrour way was given to that order Notwithstanding all the before mentioned provocations pressures and indignities the far greater and more considerable party of the Catholicks and all the Cities and Corporations of Ireland and whole provinces stood quiet in their houses whereupon the Lords-Iustices and their adherents well knowing that many powerfull Members of the Parliament of England stood in opposition to your Majesty made their principall application and addressed their dispatches full fraught with calumnies and false suggestions against the Catholicks of this kingdom to them and propounded unto them to send severall great forces to Conquer the kingdom those of the malignant party here were by them armed the Catholicks were not only denyed Arms but were disarmed even in the City of Dublin which in all successions of ages past continued as loyall to the Crown of England as any City or place whatsoever all other ancient and usuall Cities and Corporate Townes of the kingdom by means whereof principally the kingdom was preserved in former times were denyed arms for their money to defend themselves and expresse order given by the said Lords-Iustices to disarme all Catholicks in some of the said Cities and Towns others disfurnished were inhibited to provide Arms for their defence and the said Lords-Justices and Counsell having received an order of both houses of Parliament in England to publish a proclamation of pardon unto all those who were then in rebellion as they tearmed it in this kingdom if they did submit by a day to be limited The said Sir William Parsons contrary to this order so wrought with his party of the Counsell that a proclamation was published of pardon only in two Counties and a very short day prefixed and therein all free-holders were excepted through which every man saw that the estates of Catholicks were first aimed at and their lives next The said Lords-Iustices and their party having advanced their design thus far and not finding the successe answerable to their desires commanded Sir Charles Coot Knight and Baronet deceased to march to the County of Wickloe where he burnt killed and destroyed all in his way And in a most cruell manner man woman and child persons that had no appearing wills to doe hurt nor power to execute it soon after some foot-companies did march in the night by direction of the said Lords-Iustices and their said party to the Town of Sawntry in Fingall three miles off Dublin a Country that neither then nor for the space of four or five hundred yeares before did feel what troubles were or war meant but it was too sweet and too neare and therefore fit to be forced to armes in that town innocent husband-men some of them being Catholicks and some Protestants taken for Catholicks were murthered in their Inne and their heads carried triumphant into Dublin next morning complaint being made of this no redresse was obtained therein whereupon some Gentlemen of quality and others the inhabitants of the Country seeing what was then acted and what passed in the said last march towards the County of Wickloe and justly fearing to be all murthered forsook their houses and were constrained to stand together in their own defence though ill provided of Arms or Ammunition Hereupon a proclamation was agreed upon at the Counsell board on the thirteenth of December 1641. and not published or printed till the fifteenth of December by which the said Gentlemen and George King by name were required to come in by or upon the eighteenth of the said Moneth a safety was therein promised them On the same day another proclamation was published summoning the Lords dwelling in the English-pale near Dublin to a Grand-Counsell on the seventeeth of the said Moneth but the lords-Lords-Justices and their party of the Counsell to take away all hope of Accommodation gave direction to the said Sir Charles Coote the said fifteenth day of the said Moneth of December to march to Clontarff being the house and Town of the said George King and two miles from Dublin to pillage burn kill and destroy all that there was to be found which direction was readily and particularly observed in manifest breach of publike faith by meanes whereof the meeting of the said Grand-Counsell was diverted the Lords not daring to come within the power of such notorious faith-breakers the consideration whereof and of other matters aforesaid made the Nobility and Gentry of the English-pale and other parts of the province of Leinster sensible of the present danger and put themselves in the best posture they could for their naturall defence and imployed Lieutenant Colonel Read to present their humble Remonstrance to your Sacred Majesty and to declare unto you the state
and the other wilde fiction of 10000 Scots then not so much as thought on to come thither but long after agreed on after your Majesty under your owne royall signature had appointed and authorised severall persons of quality to be Collonels to prosecute Rebells and sent upon necessity to preserve your Majesties Crowne and Kingdome against those confederats most unnaturall and horrid attempts take the boldnesse to avow the Acts of the Northerne Rebels on the 23 of October 1641 as necessitated thereto for preservation of their Lives Liberties and Estates for maintenance of their religion and for your Majesties rights which none there except themselves ever moved or offered to oppose or impeach which Northerne rising is by Declaration made by many of themselves in Parliament in November 1641 and by their advice printed professed and published to be a traiterous and rebellious taking up of Armes against your Majesty they then seeming to detest and abhorre their abhominable and inhumaine actions of murthers and other outrages therein specified therein also protesting to maintaine the rights of your Majesties Crowne and Government against the said Rebels whom they then acknowledged to be Rebels and to fight against your Majesties Rights and Government and whom now they palliate with the attribute of discontented Gentlemen Neither was that Declaration enforced from the Parliament as they suggest but by due course passed as well appeares by the passages thereof appearing in the bookes And in further presumption those Remonstrants affirme that those Northerne Traitors did send Declarations to the Lords Justices and Counsell humbly desiring to be heard in Parliament which is most untrue there never comming any Declaration or other motion from any of them to the Lords Justices and Counsell other then a presumptuous proposition from those of Cavan which their Lordships answered and certified to the then Lord Leivtenant as is before mentioned Neither is it to be wondred at that these consederats passe over so slightly the cruell murders and massacres acted upon your Majesties Protestant Subjects in Vlster and else where in time of full peace your Majesties Protestant Subjects not being in any posture of defence by reason of the suddennesse of their surprise considering the little defence the confederats are able to make against those knowne massacres And as to the Proclamation on the 23 of October 1641 published by the Lords Justices and Counsell to make knowne the preservation of your Majesties Castle and City of Dublin and to publish the discovery of the conspiracy of some evill affected Irish Papists wherein all good Subjects are admonished to take comfort to stand one their defence and preserve the peace There is in that Proclamation no mention at all of any Prorogation and whereas afterwards divers of the pale and other old English petitioned the Lords Justices and Counsell taking offence at the words Irish Papists wherein there being no distinction they might doubt themselves involved The Lords Justices and Counsell being tender least they in whose fidelity their Lordships then rested confident should take umbrage at any their expressions did by their printed Declaration dated the 29 of the same October publish and proclaime That by the words Irish Papists they intended the meere old Irish in the Province of Vlster and none of the old English of the Pale or other parts True it is that on the 27 of October 1641. The Lords Justices by advice of the Counsell and for the necessity of the time many members of those houses being then in Rebellion and many slayne or hanged by the Rebels and some imprisoned and some beseiged in their houses by them did proclaime a prorogation of the Parliament from the dayes of the former adjournment in November 1641 till the 24 of February following yet that Proclamation not to stand for a prorogation as conceived not fully warranted by Law but was done in those dangerous times to prevent concourse at Dublin to preserve the members of the houses from danger of travaile and to the end they shall not be drawne from defence of the Country In which Proclamation there is no word of Irish Papists or of the Catholiques of Ireland or of the Rebellion raised for which prorogation the Lords Justices received your Majesties expresse command because your Majesty desired the Lord Leivtenant should be then there And the Lords Justices act was therein approved by your Majesty as concurring with the advice of your Counsell And to shew that it was not intended for the full prorogation when afterwards before the day of the former adjournement some of the houses came to the Lords Justices and Counsell and seeming to doubt of the legality of that manner of prorogation desired that the houses might meete and for clearing of all doubts might fit on the 9 day of November and adjourne to the 16 day of that November and at the 16 day of November might sit for a day or two to make some publike Declaration of their loyalties and that a shorter time for their next meeting then the 24 of February aforesaid might be appointed The Lords Justices and Counsell-freely-yeilded unto them in all their requests and on the 17 day of Nouember towards night the Parliament was prorogued in the houses but till the 11 of Ianuary after though your Majesties warrant was till the end of February It is most untrue that the Lords Justices and Counsell limmited them that no Acts of grace or other thing for the peoples quiet and satisfaction should passe For the houses during those two daies did make and publish the Declaration above mentioned and some other ordinance for the provision security and comfort of the Country as farre as might be But they neither did nor could then at the very beginning of of the rebellion move or offer to passe any acts of grace The Lords iustices by his Mjesties directions did make knowne to the Parliament that his Maiesty would not depart frō any his former favours promised to them for setling their estares to such as should remain faithfull and loyall or were denyed the same many of their intentions being fixed as soone after appeared to come by their end another way which proceedings of the Lords Justices and Counsell in that businesse doth appeare by Proclamation then published by the Lords Justices and Counsell with the privity of the houses And as to their being invironed with a great number of armed men in their accesse and recesse to and from the house with their matches lighted and Muskets presented even to the breasts of the members of both houses First they should tell that those guards were put into your Majesties Castle where before none were except the ordinary retinue of a few warders under the Constables Command for guard and preservation of the said Castle against the said confederats wicked plots and conspiracies then discovered And that those guards did but stand in their Armes in the Castle yard meerely as in observance to that eminent assembly
of Lords and others aswell Protestants as Papists and to make a guard for them in their passage to and from the house and have held the same course ever since when those houses have consisted in a manner wholly of Protestants and all done without any intent or designe to offend affront or terrify any of them which the Remonstrants did and do well know if they would deale sincerely in the matter And certainly any of the members of either house then present could not from such a civility rendred to them take up the least apprehension of terror in some inward guilt did not beget in them a feare or jealousie of what was never intended or thought of The same course for ornament being held by the late Lord Leivtenant the Earle of Strafford in the former Parliament and by the now Lord Lievtenant at the last Session Neither did any thing then hinder the Lords Justices from seizing on their persons if they had beene willing to take strong presumptions and probability of guilt for a ground against men whom indeed they desired to thinke better of and hoped they would employ themselves better for your Majesties service It is also an untruth that the Lords Justices and their partie of the Counsell what is meant by that partie is not understood for there was not so much as a shadow of any partaking or siding there in any matter But the Lords Justices and Counsell unanimously concurred in all things did cause an order to be propounded in the Parliament to declare That the Irish had taken up Armes in rebellious manner For the Lords Justices and Counsell did not conceive that there was any necessity for their attestation so that too well knowne a truth the bleeding testimonies of many miserable spectacles men women and children unable to resist who escaped those cursed blood-suckers in Vlster daily comming to the Citie of Dublin and to other Garrisons stripped robbed wounded and spoiled then gave sufficient evidence of then Rebellious and tyrannous acts But the truth is the sitting was permitted two dayes at their owne suite as appeares by Proclamation after published That they might draw up some Declaration of their owne loy alties as they said and their detestation of the abominable acts of the Rebells yet seeing they have the confidence to move in that passage sinisterly to your Majestie your Royall Majestie may please to know that when the Houses had appointed certaine Committees to draw up that Ordinance and those Committees had dutifully expressed those Rebells by the just tearmes of Traitours and Rebels Many of these Remonstrants then of the House much contested it and would not have them so called being privie to what themselves had formerly with those Rebells contrived to be done and fearing it might move the Rebells to recriminate Howsoever the Declaration passed by Votes and was agreed on But that any such menaces to such as should oppose that Declaration were by any man uttered though they say it is a thing that was credibly informed is a most false scandall the orders of the Houses shewing plainly that it was done in the Houses no way urged or enforced upon them There were never any such provocations pressures and indignities as in this Article are mentioned offered to the considerable partie of the Catholiques And although the Remonstrants say That at the time of that Session all the Cities and Corporations and whole Provinces stood quiet yet at the apprehension of Hugh Mac Mahon on the 23. of October aforesaid The said Hugh being demanded by the Lords Justices and Counsell whether he thought that though they had taken Dublin the rest of the strong Townes in the Kingdome which were the Kings would yeeld to them he boldly answered that he and the rest were well assured that none of those Townes would stand against them as did fully after appeare for they all joyned with them except very few where your Majesties forces lay strong and except the Protestant townes which kind of defection was never so in any former Rebellion those townes being in all times places of refuge for your Majesties forces and good subjects and a great bridle to the Rebells And the same Mac Mahoun also declared the privitie and consent to the foresaid Conspiracy of all the Catholiques in both Houses of Parliament in the Summer Session before as is before mentioned The same Mac Mahoun also declared That twenty men out of each County in the Kingdome were appointed to be at Dublin the said 23. of October to execute the Plott on your Majesties Castle and Citie of Dublin and indeed thither they did come at the time in very great numbers of whom very many were apprehended which proves the generall Combination And the Lord Magwire upon his examination declared that in Summer before the conspiracy and action was agreed on amongst the Irish which the event proved to be true Besides it is testified upon oath by a very credible person sometimes prisoner with the Rebels in Cavan That Collonel Richard Plunkett late of Donsaghly in the County of Dublin within the pale who should have been one at the taking of the Castle comming into that County of Cavan about the twenty sixth of October 1641. said openly that he had a contract under the hands of all the Lords in Ireland that were Catholiques to stand firme in this insurrection wherein although the said Plunkett cannot bee believed as to all the Lords seeing some of them have even in this Rebellion manifested their loyaltie to your Majestie in opposing the Rebells yet hee may be beleived as to all of them except very few their owne actions also afterwards concurring therein The same Collonel Plunkett also by his Letters written to the Titular Abbot of Mellifont whom hee stiled Lord signified that hee had beene a meanes to incite the Lords and Gentrie of the Pale to appeare in the Blessed cause then in hand meaning the Rebellion and that hee would use his best endeavours night and day to accomplish Ad majorem Dei gloriam those are his owne words The above mentioned Contract or Covenant was also spoken of usually by the Vlster Rebells before many Protestants then prisoners and was declared by some Rebells afterwards taken prisoners upon examination It is observable also that notwithstanding your Majesties Warrant stood good for foure Collonels viz. Collonel Iohn Barry Collonel Taaf Collonel Garrett Barry and Collonel Porter for transportation of foure thousand men And that the Lords Justices and Counsell gave them all Warrants and other helps for their passage And that the three Collonels that were there had gathered their men yet it being neere the time of execution of the foresaid great Designe and conspiracy their transportation was deferred and pretences made partly of the adversaries of that Parliament in Ireland and partly of want of money and other impediments their men were kept in Bodyes the one in Munster not farre from Kinsale another in Connaught towards Gallway and the
of their affaires and humbly to beseech relief and redresse therein the said Lieutenant Colonel though your Majesties servant and imployed in publike trust in which case the Law of Nations affords safety and protection was without regard to either not only stopped from proceeding in his imployment but also tortured on the racke at Dublin 10 The Lord-president of Munster by direction of the said Lords-Iustices that province being quiet with his accomplices burnt preyed and put to death Men Women and children without making any difference of quality condition age or sex in severall parts of that province The Catholicks Nobles and Gentlemen there mistrusted and threatned and others of inferior quality trusted and furnished with Armes and Ammunition The province of Connaght was used in the like measure whereupon most of the considerable Catholicks in both the said provinces were inforced without Arms or ammunition to looke after safety and to that end to stand on their defence still expecting your Maiesties pleasure and alwayes ready to obey your commands Now the plot of the said ministers of State and their adherents being very ripe applications were incessantly by them made to the malignant party in England to deprive this people of all hopes of your Majesties justice or mercy and to plant a perpetuall enmity between the English and Scottish Nation and your subjects of this kingdom 11 That whereas this your Maiesties kingdom of Ireland in all successions of ages since the raign of King Henry the second sometimes King of England Lord of Ireland had a Parliament of their own composed of Lords and Commons in the same manner and forme qualified with equall liberties powers priviledges and immunities with the Parliament of England and only dependant of the King and Crown of England and Ireland and for all that time no prevalent Record or authentick president can be found that any Statute made in England could or did bind this kingdom before the same were here established by Parliament yet upon untrue suggestions and informations given of your subiects of Ireland an act of Parliament intituled An Act for the speedy and effectuall reducing of the Rebells in his Maiesties kingdom of Ireland to their due obedience to his Maiesty and the Crown of England and another Act intituled An Act for adding unto explaining the said former Act was procured to be enacted in the said Parliament of England in the 18. yeare of your Maiesties raign by which Acts and other proclamations your Maiesties subiects unsummoned unheard were declared Rebels and two Millions and a halfe of Acres arrable meadow and profitable pasture within this kingdom were sold to undertakers for certain sums of money and the Edifices Loghes Woods Bogs wastes and their appurtenances were thereby mentioned to be granted and past gratis which Acts the said Catholicks doe conceive to have been forced upon your Maiesty and although voyd and uniust in themselves to all purposes yet continue matters of evill consequence and extreame preiudice to your Maiesty and totally destructive to this Nation The scope seeming to ayme at Rebels only and at the disposition of a certain quantity of Land but in effect and substance all the Lands in the kingdom by the words of the said Acts may be distributed in whose possession soever they were without respect to age condition or quality and all your Maiesties Tenures and the greatest part of your Maiesties standing Revenue in this kingdom taken away and by the said Act if it were of force all power of pardoning and of granting those Lands is taken from your Maiesty a president that no age can instance the like against this Act the said Catholicks do protest as an Act against the fundamentall Laws of this kingdom and as an Act destructive to your Maiesties right and prerogatives by colour whereof most of the forces sent hither to infest this kingdom by Sea and Land disavowed any authority form your Maiesty but doe depend upon the Parliament of England 12 All strangers and such as were not inhabitants of the city of Dublin being commanded by the said Lord-Iustices in and since the said Moneth of November 1641. to depart the said city were no sooner departed then they were by the direction of the said Lords-Iustices pillaged abroad their goods seized upon and confiscated in Dublin and they desiring to returne under the protection and safety of the state before their appearance in any action were denyed the same and divers other persons of ranke and quality by the said Lords-Iustices imployed in publick service and others keeping close within their doores without annoying any man or siding then with any of the said Catholicks in Arms and others in severall parts of the kingdom living under and having the protection and safety of the state were sooner pillaged their houses burnt themselves their Tenants and servants killed and destroyed then any other by directions from the said Lords-Iustices and by the like direction when any Commander in cheif of the Army promised or gave quarter or protection the same was in all Cases violated and many persons of quality who obtained the same were ruined before others Others that came into Dublin voluntarily and that could not be justly suspected of any crime if Irishmen or Catholicks by the like direction were imprisoned in Dublin robbed and pillaged abroad and brought to their tryall for their lives The city of Dublin and Cork and the ancient Corporate Townes of Drogheda Yeoghell and Kinsale who voluntarily received garrisons in your Majesties name and the adjacent countries who relieved them were worse used and now live in worse condition than the Israelites did in Aegipt So that it will be made appeare that more murthers breaches of publick faith and quarter more destruction and desolation more cruelly not fit to be named were committed in Ireland by the direction and advice of the said lords-Lords-Justices and their party of the said Counsell in lesse then eighteen Moneths then can pe paraleld to have been done by any Christian people 13 The said Lord-Justices and their adherents have against the fundamentall Lawes of the Land procured the sitting of both houses of Parliament for severall Sessions nine parts of ten of the naturall and genuine Members thereof being absent it standing not with their safety to come under their power and made up a considerable number in the house of Commons of Clerks Souldiers Serving-men and others not legally or not chosen at all or returned and having no manner of estate within the kingdom in which sitting sundry Orders were conceived and dismisse obtained of persons before impeached of Treason in full Parliament and passed or might have passed some Acts against Law and to the prejudice of your Majesty and this whole Nation and during these troubles Tearmes were kept and your Majesties Court of chief place and other Courts sate at Dublin to no other end or purpose but by false and illegall Iudgements Outlawries and other Capitall proceedings to
them to introduce law for the extirpation of Catholique Religion in the three Kingdomes at any time before these Remonstrants openly entred into this actuall Rebellion and bloudy assacination though those Remonstrants draw it in amongst their provocations to take up Armes Neither indeed did those Remonstrants feare any violence or sharpe prosecution from their quiet Neighbours the Protestants in Ireland there having been very great and as now appeares very dangerous patience used towards the Remonstrants aswell by Governours as all Officers and Protestants who would have beene glad to live among them in peace if the Remonstrants could have endured their company Lastly whereas they seeme grieved That the Parliament of England encroached against law and unjustly upon the Priviledges of Parliament in Ireland in sending for and questioning too and in the English Parliament the members of that Parliament They do wel now to expresse sence of it amongst the rest of their pretexts for their wicked acts But when Protestant members of this Parliament against whom that pretended encroachment most extended were sent for they imploring the aid of the Parliament of Ireland to defend them and their priviledges were not holpen therin by the Commons house but were answered by a leading Member of the Cōmons house now a Remonstrant that the House should do well not to take notice thereof least any variance should arise betweene the two Parliaments so unwilling they were to assist the Protestants or maintaine that right which now they so stoutly challenge though a good while afterwards both Houses tooke occasion to write to their Committee in England to sollicite concerning that particular And so little feare had they then of any pernicious purposes in that Parliament against them though they now make mention of that Parliaments unwarrantable invasion since made on your Majesties Rights and Prerogatives as a pretence for their wicked and abominable actions long before that begun In the seventh Article Those Remonstrants doe justly acknowledge your Majesties grace and Princely patience in hearing their grievances 7. Article which would have wrought upon any loyall or dutifull heart to returne love and obedience to so gracious a Soveraigne and at least neighbour-like demeanour towards your Majesties faithfull Subjects the Brittish and Protestants which how they performed their then immediately ensuing acts doe demonstrate But in this Article also they continue their untrue and malicious calumniations against your Majestie in your Governours and Officers who did never give any of them just cause of offence It cannot appeare that the Lords Justices and Counsell did give any untrue Information against them or the Committees of that Parliament neither is it true that any such thing was done for that they know the Counsell of whom the Lords Justices then were gave all the furtherance they could to the going of that Committee Hoping that what your Majestie should be pleased to grant might redound to the common benefit of your people Neither did any Privie Counsellours goe into England of purpose to crosse or give impediment to your Majesties Justice and graces But it is true that the late Lord Dillon afterwards Earle of Roscomon and Sir Adam Loftus your Majesties Vice-Treasurer were about that time sent for by your Majestie upon the motion of your Parliament of England as it seemed to testifie in the cause moved in that Parliament against the Earle of Strafford And if in their attendance there their advice or knowledge concerning any thing there propounded or handled by the Committee were required by your Majestie doubtlesse those Counsellours did faithfully discharge the duty of good servants to your Majestie and true wel-wishers to that Kingdome being both Natives thereof and members of that Parliament Neither did your Majesties Justices and Counsell transmit unto your Majestie or any of the State of England any misconstructions or misrepresentations of the proceedings and actions of that Parliament but rather it may justly be beleeved that those Remonstrants doe worke upon their owne evill imaginations in this as in the former Articles they have presumed to avouch severall knowne untruths Nay the Lords Justices were so farce from any such malevolence to that Parliament or any Members thereof as when they received your Majesties Commission dated the sourth of Ianuary 1640. authorizing them to continue prorogue or determine the Parliamnent as they thought fit They in confidence that the intent of all the Members of the Parliament was for the generall good of the Kingdome and your Majesties service did willingly continue it and gave all countenance and assistance to it which well appeares by a motion made by a noble Peere in the Lords House That the Lords Justices had alwayes chearfully received their requests and Messages and were ready to comply with them desiring it might be entred to the end it might remaine to posteritie It is also conceived that when your Majestie had given direction that all Letters from thence should be kept apart to the end the Committee might have recourse unto them if any such misrepresentations could have appeared to them they would have instanced the same in this Remonstrance and not have offered to your Majestie suppositions for certainties And touching the Parliament of Irelands power of Judicature in matters Capitall there was nothing written from thence concerning that matter untill your Majestie being advertized of the impeachment of the Lord Chancellour and others in the Lords House required the Lords Justices to search and certifie whether any presidents might be found there for such a proceeding Your Majestie then also graciously declaring that as your Majestie intended not to prejudice the Rights of the Lords House so your Majestie did expect that they should nto introduce any new president for that cause Thereupon the Lords Justices having searched and demanded of the two Houses of Parliament if any such presidents they could shew none were produced which the Lords Justices certified backe to your Majesties principall Secretarie as in duty they ought And it is beleeved that those Remonstrants would not now more earnestly presse for that power in Judicature then heretofore was done were it not by the exercise or terrour thereof if their partie could have prevailed to rid themselves of your Majesties English Judges and Officers whom they cannot endure to beare rule amongst them though they clearly saw the Kingdome prospered above any former times under their great labour and travell It is most untrue that your Majesties Protestant officers or subjects did envy the good union betweene the two Houses But the truth is they did labour to cherish and confirme it by their uttermost skill and industry And if your Majesties servants or your Protestant subjects did happen to oppose those Remonstrants in any their undutifull motions and projects either concerning Religion or your Majesties Protestant Clergie or concerning the derogation of your Majesties Prerogatives Rites and authories or malicious practise against your Majesties Officers Those Remonstrants did and now
doe ascribe it to malice against them and the Nation which is a most unjust obloquie And though your Majesties Protestant subjects of the Commons House saw and knew that there were then daily and nightly meetings of those Remonstrants and their party then members of both Houses Insomuch as it was in the former Session 1641. moved in the Lords House that an order might be entred against such meetings And though your Majesties Protestant subjects found that from those meetings proceeded daily motions in the Commons House touching the above-mentioned particulars in prejudice of your Majesty your government whichin a manner tooke up all their time to moderate contayn them yet your Majesties said Protestant Subjects of that house did for their parts forbeare any such course of meetings fearing to under goe suspition of siding or inclination to disunion at last finding the continued inconvenience of that practise in the Popish party and hearing also that it was muttered amongst many of the now Remonstrants that they intended to impeach divers of your Majesties principall Officers who could not be drawne to vary from their iust duty to your Majesty and your rights and against some other your Maesties Brittish Protestant Officers who had either given opinion or any waies laboured towards the clearing of your Majesties title to the Lands in Connaught the obstructing frustrating whereof was the Remonstrants darling care all the rest of their pretended greivances both in the fourth yeare of your Majesties raigne and those lately being gathered up and for the most part strained out of particulars and subservient to countenance and support the importunity concerning that businesse which plantation if it had proceeded they knew would have beene a full ground of peace to that Kingdome which they laboured to retaine from your Majesties knowledge Then and not till then some of your Majesties Protestant Subjects of that house in these respects did only once meete in which meeting there were some Papists also of purpose to become in some measure prepared to free themselves and the house from those unreasonable attempts in which meeting nothing was done or agreed that ever gave offence or iust distast to the house or any member thereof which may appeare in that the Remonstrants can mention no disturbance thereby which they would not spare if any such thing they could speake of though they have not trembled to present to your Majesties royall veiw many as strange inventions neither were the Lords Justices so much as acquainted with the meeting It is utterly untrue that during that Session of Parliament which was very long from the 11 of May to the 7 of August there was any certaine knowledge there of the Committees being at the waterside in all which time of the Session little was done to the good of the Common wealth or advancement of your Majesties service for most part spent in Protestations Declarations Votes upon the queries the stay of souldiers from going over seas and private petitions About the 14 day of Iuly 1641. the Lords Justices finding nothing of moment for the generall good or your Majesties service then in doing in the house sent to both Houses to consider of a reasonable time of prorogation or adjournment of that Session the rather because the harvest drew on many members were gone home and the house grown thyn as in some orders appeares in the Lords House Vpon the 30 of Iuly the Commons House desired the Lords House that the adjourning might be staid till the saturday seavenight after which was the 7 of August On the second of August the Lords house ordered that in respect the Judges were very shortly to goe their circuites and some of them already licensed the rest of them should be that day licensed to depart and no more to attend that Session on the same day the Commons house sent to the Lords HOuse that they conceived the prorogation or adjournment was fit to be on saturday the 7 of that moneth and to meete againe the ninth of November following on the 5 of August the Lords House ordered that a Committee of that House should ioyne with a Committee of the Commons whereto the Commons House also assented to acquaint the Lords Justices that both Houses had agreed that a prorogation or adjournment should be on saturday aforesaid and to meete againe on the said ninth of November and desired their Lordships approbation thereof To this the Lords Justices answered them that there were three severall wayes of recesse one by writte-of adjournment for which no president was found in that Kingdome another by adjournment to be entred in the bookes of the Houses as done by the Lords Justices consent and the third by prorogation which their Lordships intended But because the Houses enclyned to an adjournment their Lordships consented thereto by order to be entred in the Houses as by their consent On the 6 of August the Lords House ordered that the adjournment should be on the satturday aforesaid according to their resolution sent to the Lords Justices On the same 6 day the Lords House ordered that a Message should be sent to the Commons House to let them know that they saw no cause to alter their former resolution for the adjournment finding no cause in the letter that day received from the Committee in England nor by what they otherwise understood at the late conference and from the said Earle of Roscommon who late then landed there and who brought the letter from the Committee to expect the Bill desired in any short time for indeed they were then at London undispatched and the Letter said they were then busy about their dispatch And accordingly the next day being the 7 of August their Lordships adjourned the House till the 9 of November following All which being the very truth in this particular it is hardly credible that the Lords Justices and their adherents whosoever is meant thereby would take occasion to use those menacing words to severall Honourable Lords in the Article mentioned viz that if they did not adjourne the Lords House on that day being saturday they would prorogueon Munday following or whether it be likely that by the practises of the Lords Justices and some of the Privy Counsell and their adherents that faction as those Remonstrants injuriously tearme them did or could in such tumultuous and disorderly manner cry out for the adjournment with purpose to prevent the passing of those acts and graces that Session which were expected from your Majesties goodnesse But those Remonstrants having broken faith with your Majesty and all your faithfull people do take liberty to asperse your Majesties Governours and well affected Officers whom they desire for ill ends to make odious to the people of both Kingdoms And as a fatall perclose to this Article they subioyne another palpable untruth That after the artivall of that Committee who came not thither till towards the end of August That Committee could not obtaine
the Popish Clergie contribute nothing notwithstanding that they have their duties from all the people duly payd them with great summes of moneys left unto them by the death of such as are Papists and by their doctrines of penance and Purgatorie and such like grow farre richer then the Protestant Clergie Yet so it is may it please your honours That after the payment of the said summes of One hundred and fifty thousand pounds and one hundred and twenty thousand pounds the popish partie only was advanced by stay of Execution of the aforesaid Lawes contrary to his Majesties pious intention as your supplicants verily beleeve And whereas in the Government of the said Lords Iustices when the Iudges of Assize in their severall Circuits twice had put the said Lawes in execution against the Papists and thereby brought multitudes to Church who were glad of that occasion to bee freed from the intollerable exactions of the popish Clergie even then about the time of payment of the said forty thousand pounds the said proceedings against the Papists were againe stopped since which time during the Government of the late Lord Lievtenant notwithstanding the said Subsidies both of the Clergie and Laitie Poperie hath beene countenanced farre more then the Protestant Religion they having libertie in the said Citie and in all other parts of the Kingdome to Marry Burie Baptize Communicate after their owne wayes professe their orders we are their severall habits meet in great numbers exercise all manner of Forraigne jurisdiction and Superstitious Ceremonies wthout giving any accompt for the same they having divers Fryaries and Masse-houses that were formerly suppressed by precedent Governours restored to the pretended owners which with other publike Masse-houses newly erected and furnished with Images and Altars are imloyed in the exercise of popish Religion both in the Citie and Countrey And likewise by their Titulary Bishops Dignitaries and numbers of parish priests farr exceeding the number of the Protestant Clergie with many thousands of Iesuites and Fryers the Emiscaries of Rome that swarme through all parts of the Citie and Kingdome especially since the late Proclamation of England against the Papists they have not only impoverished the Kingdome but amongst other their pernicious Doctrines that there is no salvation but in Communion with the Church of Rome and subjection to the Bishop of Rome have so seduced the people and insnared their consciences That no Papist that is made Iustice of Peace Mayor Sheriffe or other Officer will take the Oath of Supremacie And yet they are in all parts of the Kingdome admitted to the said Offices without any such Oath administred unto them and thereby the principall meanes provided for the execution of the said Lawes is taken away And your Supplicants likewise shew that the flourishing estate of the true Protestant Religion hath not beene ecclipsed by the popish Clergie only but by reason that in most parts of the said Kingdome there is many Parishes that have no Minister to read Service others that have no Preaching Minister others that have such Preachers as are very scandalous in their lives and many of the Clergie that suffer their Wives and Children to goe to Masse Besides in most places there is no sufficient maintenance for the Ministrie Yea and some of the Protestant Clergie advance to places of Dignitie in the Church instead of opposing Popery have brought divers popish superstitions into the Protestant Churches Turning Communion Tables into Altars bowing before them worshipping towards the East exhorting the people to confesse their sinnes to a Priest as a matter necessary to salvation with other such like Innovations for which there is no low nor Connon and alsouncharitably if not cruelly prosecuted divers of the Protestants both Clergy and Laity in the high Commission and other Ecclesiasticall Courts and Iudicatures for pretended non-conformity thereby causing some religious Ministers and people to flye the Kingdome others to take the Oath Ex officio against Law and equitie committed others to close prison who refused put downe Lectures discouraged some that kept them or that preached on Sundayes in the Afternoone So that betwixt the Popish faction and those of the Protestant Clergie ill affected as aforesaid being both incouraged under the late Government many Protestants have beene seduced some to popery others to superstitious practices and many others discouraged and full of feares of a change in Religion and not a few unstable in Religion become Newters or Atheists while the Papists thoronout the said Citie and Kingdome have and still doe not in corners only but publikely flocke to and from Masse as ordinarily openly securely and in as great yea greater numbers in some places by fourty to one then others goe to and from the Protestant Churches to the great dishonour of Almightie GOD the derogation of his Majesties Lawes and Authoritie the danger of those poore soules that are either seduced to or hardned in Idolatrie whereby it may appeare that the Papists in all things have bad that freedome for the time past that the Protestants could not obtaine And for the future the Protestants have just cause of feares that the Papists of the said Kingdome though in themselves peaceable yet by the instigation of their Clergie with the multitudes of discontented Iesuites Priests Fryers and others That since the said Proclamation came to them out of England are now more then ever labouring to advance their owne partie depresse the Protestants and hinder Reformation In tender consideration of the Premisses and to the end of the Lawes enacted against Poperie may for the time to come be duly executed throughout the said City and Kingdome the Popish Clergie banished the Masse houses seized or abolished the poore seduced people reformed and all unlawfull designes of the Papists against the Protestants prevented And to the end that all non-preaching and scandalous Ministers in the Protestant Church may be cast out all Innovations suppressed a speedy course taken for time to come that every parish may have an able and painfull Ministrie with meanes sufficient provided for their maintenance that such of the Clergie as are orthodox painfull and unblameable in life may be encouraged and preserved from contempt That all uncharitable prosecution of the Protestants as aforesaid may be stayed And the causes of all the aforesaid evils so searched into that they may for ever be prevented throughout the said Citie and Kingdome May it please this Honourable House for the glory of GOD the honour of our dread Soveraigne and welfare of the said Citie and Kingdome to take the Premisses and every circumstance thereof into consideration So that the poore Kingdome of Ireland may be made partakers of a blessed Reformation with the Kingdome of England by such meanes and in such manner as this honourable House and happy Assembly shall conceive to be most meete And your Supplicants will ever pray c. Copia vera Exem per Jo. Pue No. public Re. And of some disorders and
remisenesse in the Protestant Clergie the said Partington was dismissed in that Court upon hearing therof neither were the Lords Justices and Counsell or any of the parties being of the Counsell mentioned in this Article acquainted with the framing of the said Petition And whether the Petition was delivered to the Parliament in England or no was not knowne there only the said Partington saith that that Petition was about the 22. of October 1641. presented by him to the Parliament in England which could not be a motive to this Rebellion which began that very same day at night neither did any thing ever ensue thereof What Sir Iohn Clotworthie did or expressed in that Commons House against Catholiques was not knowne to the Protestants of Ireland nor is it materiall neither is it beleeved that any thing was there moved plotted or contrived against those Remonstrants or that that Parliament resolved any such destructive course against them till they had declared themselves in the late horrid Rebellion and massacred robbed and spoyled your Majesties peaceable and conformable Brittish and Protestant Subjects But the Remonstrants doe practise by confounding of times to gaine some cover for their inhumane perpetrations For their other fearfull speculation of the deplorable and desperate condition they were in by the above mentioned Statute of 2. Eliz. which they seeme to wonder at as a thing lately found amongst the Records there but never executed in that Princesse time nor discovered till most of that Parliament were dead By the danger of which Statute they say no Catholique in that Kingdome could enjoy his estate life or liberty if executed To this it is to be answered that severall Statutes were enacted in that second yeare of that glorious Queene And which State it is that those Remonstrants do to much tremble at is not here understood But it is beleeved that those Remonstrants pretend to find themselves so much greived with the first Chapter of those Statutes first for that it was made principally to repeale the Statutes made by Queene Mary wherein that Queene repealed all Lawes made by King H. 8. against usurped forraigne power iurisdiction and authority and to sett up some other authorities and judicatures in the Church the mischeifs and inconvenience whereof are in that Statute of secundo declared whereunto is to be added that the continuance of such a forraigne power in matters Ecclesiasticall would utterly banish all Protestant Subjects out of that Kingdom and leave your Majestie few good Subjects there for that the Popish party being dissolved from their iust dependancy on your Majesties authority in matters Ecclesiasticall which in true consideration concernes the halfe of your Majesties Royall Soveraigne will apply themselves for all matters of spirituall cognizance to the Pope in whose power it may be to discharge them from alleigeance in civill causes as he hath often done to other Princes which he will not spare to doe for his advantage and to keepe on foot his old claymes And in the second place to restore to the Crowne the Ecclesiasticall jurisdiction which of right belongeth thereunto And to authorize apt Ministers for ordering and dispensation thereof for the better eschewing those mischeifes both to Prince and people and to revive certaine Acts repealed by Queene Mary And for the penall part thereof against such as shall maintayne and defend the authority preheminence power or jurisdiction spirituall or Ecclesiasticall of any forraigne Prince Prelate Person State or Potentate It is to be answered That that Statute is not introductive or maketh any new cryme for that offence was formerly Treason by the law for the first offence But that Statute mittigateth the severity of punishment and maketh it not Treason till the third offence committed after the second conviction and attaynder and giveth a great releife to the offendors touching the time of prosecution so that the Subjects terror is lesse then it was before The residue of that law appointeth what manner of persons shal be fit for promotion in the Church or imployment under your Majestie in civill affaires and how Liveries shall be sued by your Majesties Tennants the restriction whereof is in your Majesties hands to moderate at your gracious pleasure wherein they have of late had good experience of your princely clemency And have little cause so to exclaime against your Majesties Lawes as destructive to their lives estates and Liberties If those Remonstrants do so startle at the second Chapter of that Session It may well be said here is a great noise of danger but little hurt done and concerning these two Statutes they were no such concealed things for they were printed amongst all the Statutes of the Kingdome then printed about the 16 yeare of Queene Elizabeth when few of those Parliament men were dead and they were put in execution severally soone after the Statutes were made and long before that Queene died as appeares by the Records extant Only for the second Chapter it may be said that it was not so frequently put in execution for certaine yeares after the Statute made because all men for the most part in that Kingdome when there were any intervalls of peace did come to Church though many of them went to Masse also Recusancy was little then heard of or in many yeares after as is before declared But when Recusancy began over boldly to looke the Government in the face and that not only but many euill effects of Popery began to be dangerous to the safety of the Kings Majesties good people and government Then that Statute was at severall times put inexecution yet without danger to any mans life or estate neither is there any thing in that Statute that may threaten any mans life or estate the most binding part of that Statute being but to settle and maintaine the booke of Common prayer and other Orders Ornaments and Ceremonies in the Church and Churchmen and requires all subjects aswell Protestants as Papists to come to Church every Sonday and Holy day having not lawful cause of absence upon paine to forfeit 9d for every such daies absence And that limmited to an indictment to be found at the next Sessions or Assizes after the offence committed unlesse men would wilfully abuse themselves aswell towards God as the authorized Church and government In which cases other penalties are appointed not reaching to life In which Statute also are other favourable clauses for the ease of the people farre from provoking those Remonstrants to enter into the late hatefull conspiracy against your Majesty your Lawes and iust prerogatives or to commit such outragious cruelties upon your Majesties Brittish and Protestant subjects as they have done The same Lawes being now in force here in England and much more sharpe against Papists and these Lawes in Ireland have now bin in force above fourescore yeares yet no man ever lost his life or estate upon either of these Lawes nor Liberty for any long time yet do those Remonstrants from this
where hee then found aswell in the house of the said King as other houses in the Towne divers of the goods taken out of the said two Barkes robbed at Clantarfe And by this meanes was strucken off much of that danger And to the end it may further appeare That the Lords of the Pale especially of Meath were in the same Confederacie with the Rebells at Swoards and other parts of Leinster and not forced to take up Armes for their owne safety nor fearing to bee murthered by any under the command of the Lords Justices and Counsell as in the Remonstrance is maliciously and scandalously urged the Lords Justices and Counsell seeing dangers thus multiplyed on all sides receiving Letters of intelligence from all parts of rebellious Acts done and hearing many strange rumours of the generall combination before the said meeting at Swoards or killing at Santry robberies and spoyles being before that time committed on the English in every County in Leinster Their Lordships thereupon desired in their great distresse to have the advice and assistance of those Lords of the Pale in whose fidelitie they formerly much confided as appeares by their comfortable expression thereof in October before aswell to the then Lord Lievtenant in England as to your Majesties principall Secretarie the effect whereof appeared in the Parliametn order sent thither thereupon soone after and printed the twelfth of November 1641. wherein they declared that they conceived the Massacre was intended aswell against your Majesties good Subjects Antient Inhabitants of English blood though of the Romish Religion who have in former Rebellions given testimonie of their fidelitie to the Crowne of ENGLAND as against the Protestants and that they intended to move your Majesty for the encouragement of those English or Irish that should raise Horse or Foote against the Rebells that they should bee honourably rewarded and therefore on the third of the same December the Lords Justices and Counsell did write severall Letters unto those and other Lords in and neere Dublin to meet together with the Lords Justices and Counsell at Dublin the eighth day of the same moneth to the end they might conferre with those Lords concerning the present state of the Kingdome and the safety thereof and specially of the Citie of Dublin in those times of danger to this the Earle of Fingall and the Lords of Gormanston Slane Dunsany Nettervile Lowth and Trimletstowne by their Letter dated the seventh of the same December answered That they had cause to conceive their loyaltie was suspected and that they had received advertisement that Sir Charles Coote at the Connsell Board had uttered some speeches tending to a purpose and resolution to execute upon those of their Religion a generall Massacre whereby they were deterred to come not having securitie for their lives but rather thought fit to stand on their guard till they might heare from the Lords Justices and Counsell how they should bee secured They well knowing that the Lords Justices and Counsell had no force or having force had no intent to hurt them unlesse much greater cause appeared in which Letter they did mention the killing at Santry which it seemes they had not then heard of and could not take that for a ground of their rebellion as now they urge and so they did forbeare to come as they were required but the Earle of Kildare the Lords Fitzwilliams and Houth came at the day appointed with whom Conference was had Thereupon the Lords Justices and Counsell desirous and labouring by all the meanes they could to cleare all erronious conceptions in those Lords and to prevent their hurt by any undutifull resolutions and asmuch as they might to provide against any breach with them least thereby greater extremities might bee drawne upon them and the Rebells at Swoards might be raised in stomacke did print and publish a Declaration dated the thirteenth day of the same December and sent it those Noblemen therein positively affirming That the Lords Justices and Counsell did never heare Sir Charles Coote or any other utter at the Councell board or else-where any such speeches tending to a purpose or resolution to execute upon those of their profession or upon any other a generall Massacre and that that board never intended or meant to dishonour your Majestie or that State or wound their owne consciences by harbouring the least thought of so odious impious and detestable a thing upon any persons whatsoever And that they were had would be ready to inflict due punishment upon any man against whom proofe shall be made of speaking the same therein likewise requiring those Lords to attend the Lords Justices and Counsell at the Board on the seventeenth day of the same moneth of December Thereby also giving to those Lords and every of them the word and assurance of the State for their safe repaire to the Board without danger of any trouble or stay whatsoever of or from the Lords Justices and Counsell or any under their Command who never had intention to wrong or hurt them neither in truth did they feare any such massacre there having never beene any such thing attempted against Papists either in England Scotland or Ireland notwithstanding their difference in Religion and the Protestants provoked by many strange plots in former times The same thirteenth day also of December the Lords Justices and Counsell printed and sent to the said Luke Nettervile and the rest at Swoards their manifest setting forth the truth of the aforesaid action at Santry and that they had no knowledge of it till it was done and their readinesse to give redresse it upon prosecution there were cause either at the Board or at a Counsell of Warre therein also laying before them their high and unsufferable Contempt in not separating according to former Command declaring also that there was no intent or purpose against the lives of them or any other your Majesties good Subjects Protestants or Papists who were not actors or abettors in the traiterous murthers and robberies lately committed but that their care and endeavour alwayes was and should bee to cherish and preserve all your Majesties good Subjects of what profession soever requiring them againe forth with to separate and forbeare further terrour and annoyance to your Majesties good Subjects and therein the Lords Justices and Counsell required the said Luke Nettervile and the rest who formerly signed the Letler to appeare before them at the Counsell board on the eighteenth day of the said moneth where they should receive due hearing and further gave unto them and every of them the word and the assurance of the state as to their persons for their safe repaire unto them without any trouble or stay from them whatsoever and that they had no intention to wrong or hurt any of them all which notwithstanding they did not separate but on the contrary sent men to Clantarfe as aforesaid which gave the Lords Justices and Counsell full assurance that they were resolved to run on
thereat but such of them as applyed themselves to the Lords Justices were friendly entertained on the 28 of the same October it being complained to the Lords Justices and Councell by the Magistrates of the City that many like formerly qualifyed persons as formerly assembled to the terrour of the City did still resort to the City and Suburbs and others notwithstanding the former Proclamation did still lurk there whose company they much feared as threatning some sudden violence The Lords Justices and Councell therefore on the same grounds as formerly did the second time by Proclamation command all such to depart forthwith on pain of death and the like pain to such as wilfully harboured them And that the Inhabitants should forthwith bring in the names of all such strangers and the Officers to apprehend such Inhabitants as should further harbour them which no way was intended towards men of quality or known credit as aforesaid neither did any of them stirre or take any misapprehension at it afterwards on the 11 of November following the Lords Justices and Councell having intelligence from severall parts of the insolent proceeding of the Rebels against the British and Protestants in the borders of the Pale The Lords Justices and Councell then not fearing disloyalty in the prime Inhabitants thereof as in some other Counties adjacent and finding that divers men of quality and countenance in the Countrey and very many others were then come into the City whereby the Countrey was deprived of defence and left open to the rapine of the Rebels then in Armes And considering that in the beginning of so great distractions as then began to shew themselves in many parts the inferiours might bee terrified or disturbed in the absence of the prime men the Lords Justices and Councell therefore then unanimously thought it necessary and so did for those reasons only and in duty to their then present charge under your Majesty on the said eleventh day of November Proclaime and Command on paines in the said Proclamation mentioned That all persons not having necessary cause of residing in the said City and the Suburbs thereof or in places within two miles about the same their said cause of residing to bee approved of by the Earle of Ormond and Ossory then your Majesties Lieutenant generall of the Army and the Councell of warre there for the time being or such other persons as should bee by them appointed for examination thereof should within foure and twenty houres after publication of that Proclamation repaire to their severall dwellings in which Proclamation there are other Cautions Prescripts and reservations which shew that no unfitting rigour was offered or so much as intended This Act of the Lords Justices and Councell did soon after appeare to agree with your Majesties Royall sense of that necessary retyring of such kind of men in that time of danger and trouble in the Countrey expressed in your gracious Letters written to the Lords Justices in December after concerning the proroguing of the Parliament notwithstanding this Proclamation such of the Parliament as were come to the Towne and their retinues and great numbers of others did continue in Towne many dayes after and those of them that were Members of Parliament did sit and many of the rest of the Lords and Gentry did remain in Town as their occasions moved them and did come and go at their pleasure neither was there inforcement or so much as menaces used to any man that did not willingly go or saw not good reason on the said Publique warning to depart for the good of the Country and safety of their families and neighbours And it is observeable that although that Proclamation did expressely provide for such to stay as having cause and making the same known would desire to stay yet those of them that had a mind to joyn with the Rebels and did joyn with them did chuse rather to depart then to make use of the Liberty given them to stay and yet now would seem to bee constrained to depart which shews apparently the vanity and untruth of that their subterfuge and seeing the unnaturall conspiracy stands so discovered as now it doth it may not bee forgotten that within the space of five weekes after severall Gentlemen of the Pale who had sojourned in Town and intended so to doe that Winter and some of them who had been dwelling in the City no way concerned by that Proclamation and likewise some Citizens of good substance as is above-mentioned did freely depart the City with some of their substance of value doubting the sudden assault and taking of the City which seemed to bee upon underhand intelligence betweene them and those of the Pase then beginning to shew their formerly secret Confederacy till the discovery whereof none of them had impediment or interruption by the Lords Justices and Councell or any command from them to come and goe at their pleasure neither was there any pillaging all that while heard of in the City or of any of these Gentry in the Countrey It is most untrue that after the said discovery which was fully made immediately after the before mentioned rebellious Assembly at Swords any of those that formerly departed out of Dublin or any others of quality in the Pale except a few that continued loyall who from time to time resorted to the Lords Justices and Councel and were gladly entertained by them did offer to returne untill the Northerne forces and the forces of the Pale were beaten from Drogbeda and your Majesties Armies become full Masters of the field in all the parts of the Pale and then the Lords Justices and Councell could not with their duty deale otherwise with them then as is before mentioned Another Proclamation was published on the 28 of December 1641. requiring all persons other then such as had necessary causes to Dublin such as the Lords Justices or the said Lievtenant Generall of the Army or the Governours of your Majesties forces in the City of Dublin should approve and other then such as should bring provision to the City to be sold should forbeare comming to the City or Suburbs thereof This was done in time of high necessity The Lords Justices and Councell seeing that none offered themselves to them openly but hearing that divers being now discovered Traitors presuming on friends within did secretly come to the City partly to furnish themselves partly to eat up and exhaust our victuals and partly to gaine intelligence and understand in what case the City stood which had been a most unwise and unfaithfull thing in the Lords Justices and Councel to permit yet could it not be totally prevented notwithstanding all their care diligence so great intelligence had they amongst the Papist Inhabitants of the City It is as untrue that any of those mens goods who first departed the City intended in this Article or any other mans goods were pillaged seized or confiscated by warrant command or direction of the Lords Justices neither were
Nobility Gentry Officers of the Army and other Protestant Inhabitants in Ireland taking into serious consideration their sad condition the great necessity they were reduced unto and their extream sufferings by the late Conspiracy and horrid Rebellion there and finding by the Articles of Cessation and his Majesties Proclamation thereupon that the Rebels of Ireland were allowed to send Agents to his Majesty who would doubtlesse watch all opportunities to prejudice the Protestants and to indevour to cleare themselves of their ill-done actions the Protestant Petitioners met together at the Earle of Kildares house in Dublin where they framed a Petition to the then Lords Justices and Councell which they presented at the Couneell board and received their Lordships answer the twelfth day of the same Moneth which Petition and Answer follow In haec verbo TO THE RIGHT HONORABLE THE Lords Iustices and Councell The humble Petition of diverse of his Majesties Protestant Subjects of IRELAND Humbly sheweth THat your Petitioners being pressed by extream necessities and their great sufferings in the present Rebellion for remedy thereof desire to addresse themselves to his Sacred Majesty by their Agents and because they understand by his Majesties Proclamation and the Articles of Cessation lately published in Print that the Romish Catholicks are admitted to send Agents to his Majesty who will doubtlesse watch all opportunities to prejudice your supplicants They humbly pray that your Lordships will bee pleased to bee a meanes that they bee not admitted to his Majesty untill your supplicants Agents may bee present which shall bee with all convenient speed And to that end they humbly desire that your Lordships will bee pleased to grant licence unto such as your supplicants shall from time to time appoint to attend his Majesty touching the premisses And in regard that your supplicants conceive that the dissolving of this Parliament which by the alteration of the late Lords Justices will shortly determine unlesse by speciall Commission the same bee continued may prove of very evill consequence to his Majesties good Subjects They humbly pray that your Lordships will bee pleased to recommend the same effectually to his Majesties pious consideration that timely direction may arrive for continuance thereof Octobris 12. 1643. VPon consideration of this Petition Wee think fit to let the Petitioners know that his Majesty out of his gracious care of his affaires and good Subjects here hath been pleased already to signifie hither his Royall intention to call into England some such able and fitting Ministers or servants of his Majesty on this side as are fit to bee sent into England to assist in the treaty there when the persons to bee imployed to his Majesty from the Irish shall go over and his Majesties Royall purpose therein is already so farre advanced as the names of fit and able persons of eminent quality free from any exception and well experienced in the affaires of this Kingdome are already transmitted to his Majesty that so hee may make choyce of such as hee shall think fit so as all that could bee thought of necessary for the good of his Majesties Protestant Subjects his Majestie hath already provided for with great piety and wisdome Yet wee who well know his Majesties abundant care and tendernesse of his Protestant Subjects here being desirous to give the petitioners all needfull satisfaction in their desires so farre as may confist with the duty wee owe to his Majesty and looking into former times do finde that when Agents were sent from this Kingdome to attend his Majesty by the approbation of this board it was by his Majesties gracious Licence first obtained wherefore wee hold it our duties at this time also to reserve that part for his Majestie And therefore wee doe forbeare of our selves to give any direction therein but doe intend humbly to transmit a Copy of this their Petition to his Majesty which also answers the Petitioners request concerning the Parliament And wee will labour to obtain a signification of his good pleasure therein with all convenient speed which wee shall readily obey And if in the mean time there bee any matter of grievance offered by the petitioners to us which is in our power to redresse here Wee do let the petitioners know wee shall bee ready to heare it and to interpose his Majesties authority intrusted with us towards their just reliefe therein Ormonde Jo. Borlase Cha. Lamberte Tho. Lucas Roscomon He. Tychborne Fra. Willoughbie Ja. Ware Edw. Brabason Ant. Midensis VPon the receit of the aforesaid Answer the Protestants met againe at the Earle of Kildares house and conceived such persons as the Lords Justices and Councell mentioned in their Answer to bee called into England were to assist by their counsell in the Treaty and to advise in what should bee proposed and for ought known to the Protestants not to represent the bleeding and miserable condition of that Kingdome or to make proofe of the unparalleled cruelties of the Rebels neither did the Petitioners then know who those persons should bee And notwithstanding the Lords of the Councell pretended they had no precedent for the giving of approbation to Agents to attend his Majesty without his Majesties speciall Licence yet it was recent in many mens memories that there were severall precedents for it and that in very late times wherefore the Protestant Petitioners conceived that these delayes were put upon the Protestants by some ill affected meerly to gaine the Rebels advantage of time to work their ends at Court and to discourage the poore Protestants in the prosecution of their intendments And the Protestant petitioners being not satisfied with the Lords of the Councels Answer proceeded to the choyce of Agents and prepared a petition which afterwards was presented to his Majesty And on the foureteenth day of October 1643. the Protestants presented another petition to the Lords Justices and Councell and delivered their Lordships a Copy of the Petition that was prepared to bee sent to his Majesty which was answered by the Lords the nineteenth of the same Moneth which Petition and Answer follow In haec verba To the Right Honourable the Lords Iustices and Councell The humble Petition of divers of his Majesties Protestant Subjects as well Commanders of his Majesties Army as others Humbly sheweth unto your Lordships THat wee have received your Lordships Answer in writing to our Petition whereby wee perceive his Majesties abundant care and tendernesse of us which wee shall with all humble thankefulnesse ever acknowledge together with your Lordships readinesse therein And whereas wee finde in your Lordships said Answer your willingnesse for redresse of any manner of grievance which is in your Lordships power Wee doe humbly herewith offer unto your Lordships a Copy of our most humble Petition which wee prepared to present to his Sacred Majesty wherein wee set down part of our grievances Humbly desiring your Lordships to take the same into your grave consideration and so farre to condescend to our just