Relie and Roger Mac-Guire this Examinant's Brother dispatched a Priest one Toole O Conley who lived in Leimster unto Owen O Neal into Flanders to acquaint him with the Business concerning the General Rebellion then in preparation which said Priest return'd about a month before the time appointed for execution thereof And the Answer which the said Priest brought from the said Owen O Neal was That he would within 15 days after the People were up be with them with his best Assistance and Arms And it being demanded Why he the said Owen would bring Arms considering the Castle of Dublin was to be taken and the Arms therein this Examinant answer'd That they so provided for Arms that they might not want any in case they could not take the said Castle whereof they doubted And this Examinant acknowledgeth That the Castle of Dublin was to have been surpriz'd by himself Capt. Bryan O Neal Capt. Con O Neal Capt. Mac-Mahon one Owen O Relie Roger Moore Hugh Mac-Mahon Col. Plunkett and Capt. Fox and likewise further acknowledgeth That Hugh Mac-Phelim Capt. Con O Neal and Bryan O Neal brought from Owen O Neal out of Flanders the very same Message which the Priest brought And this Examinant further saith That he was told by Roger Moor that a Great Man was in the Plot but he might not name him for the present And at another time and during the sitting of the Parliament the last Summer he this Examinant was inform'd by one John Barnewell a Franciscan Frier then resident in this City That those of the Pale were also privy to the Plot meaning the present Rebellion And lastly saith That of those Persons who came to attend him this Examinant for the surprize of the Castle of Dublin only Cohonough Mac-Guire was privy to the Business in hand and that the last Meeting when the day appointed for the execution thereof was resolv'd on was at Loghross where were present only Ever Mac-Mahon Vicar-General of the Diocess of Clogher Thomas Mac-Kearnan a Frier of Dundalk Sir Phelim O Neal Roger Moor and Bryan O Neal. Charles Lambert Robert Meredith Concordat cum originali Ex. per Paul Harris Which Examination he also acknowledged before Judge Bramston Lord Chief Justice of England and Justice Mallet the 22. of June 1642. in the presence of Jo. Conyers W. Ayloffe Nath. Finch And being Prisoner in the Tower of London he delivered to Sir John Conyers then Lieutenant thereof a Relation of the whole Scene to be presented to the Lords in Parliament which being stor'd with many remarkable Circumstances sufficiently evidencing the dis-satisfaction long contrivance and general combination of the Natives I shall commit to posterity in his own words that it may be seen what Fucus soever is now endeavour'd to be cast on the horrid Conspiracy it was not any ill miscarriage of the State at that time or any real suspicions that the Irish had of any violence to be obtruded on their Religion or Persons which drove the Natives into a general revolt but the deliberate complotted Counsels of many years that anvil'd out the Rebellion in detestation of the English that was the Sore however skin'd which they endeavour'd again to exulcerate to which end Neal's Regiment in Flanders consisting most of Irish Papists was purposely rais'd to train up the Irish in Arms against a fitting opportunity as by Mac-Art's Examination is most evident Thus was this inhumane and treacherous Rebellion unanimously complotted which brake forth the 23. of October 1641. St. Ignatius his day that less than such a Patron might not be entituled to so close and bloody a Conspiracy fourty years before fore-warn'd by the incomparable and pious Archbishop Usher preaching soon after the overthrow of the Spaniards at Kinsale 1601. on the Vision of Ezek. Chap. 4. Vers. 6. whence in reference to a connivance of Popery following he drew this Application From this year a day being for a year I will reckon the sin of Ireland that those whom you now embrace shall be your ruine and you shall bear this iniquity A little before which time this Reverend Primate went for England I cannot say his reflecting on this Prophesie was the cause of his repair thither no! many things were thought to be in dispute which his moderation might probably have compos'd However writes Armachanus Redivivus towards the end Monitu proculdubio divino tempestivus ab Hibernia recessit priusquam funestae calamitates erupissent illi lupi bipedes belluaeque deproedatrices dispersas oves horribili Laniena jugulassent The Castle of Dublin as you have read was the chief Place they aim'd at as in the Lord Grey's Government 1580. it was then the design of the Rebels to have kill'd him and his Family and to have surpris'd the Castle of Dublin wherein was all the Provision of War The like was intended by the Conspirators about the beginning of the Reign of King James Sir Arthur Chichester Lord Deputy The full determination of the Conspiracy we now speak of was as Dr. Jones in his clear and excellent account he gives thereof in his Depositions took the 3d. of March 1641. design'd at the Abbey of Multifernan notwithstanding that Tyroen's Son who had long consulted it in Flanders was suddenly strangled about that time in Bruxels and the Earl of Tirconnel drown'd near the time of the Earl of Strafford's death prime Instruments in anvilling the Design abroad and great hopes of countenancing it at home where there was a Covent of Franciscans conven'd it seems on a pious intent in the County of West-Meath after the last Sessions of Parliament where amongst 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 Some were onely for their Banishment as the King of Spain dismis'd the Mores out of Granado with some of their Goods Others were urgent that all the Protestants should be universally cut off the King of Spain's lenity being his and his Queen's act not the advice of his Council which say they afterwards cost Christendom dear the Mores surviving to return with Swords in their hands and infest them as Algiers and Sally doth at present Those Disputes held long at last some lean'd a middle way neither to dismiss or kill And we find by the event each of these thoughts had some execution in some places All being generally put to the Sword or a more deplorable end in other places Imprisonment accompanied with the utmost extremity of that condition was the lot of many and others who being dismiss'd with their Goods were afterwards stript of all expos'd to Cold and Famine worse than Sword or Halter Thus having determin'd what to do with the Protestants which in general too sadly succeeded to their wishes they according to the presumption of the event consulted in the next place what course they would peruse in reference to their Government of
July 1642. to Philip Mac-Hugh Mac-Shane O Relie and others on honourable Conditions Sir Francis Hamilton the Lady Craig Sir Arthur Forbes Baronet and others march'd thence with credible Articles faithfully set down by Dr. Jones in his Relation of the Rebellion in Cavan worthy perusal Those with others that came from these Castles were 1340 in number who being convey'd towards Tredath were all received by Sir Henry Tichbourn eight miles from Tredath and afterwards dispos'd of as was most convenient One of the Places most considerable in this County first surpriz'd was Cloughouter whereof Arthur Culme Esq was his Majesties Captain a Fort certainly of great strength environ'd with a deep Water and distant from shore more than Musket-shot in which the Lord Bishop of Kilmore Dr. Bedel was imprison'd though afterwards Exchang'd by Sir James Craigh and contrary to Articles seiz'd on again who died near Kilmore about the midst of March 1641 and was buried in the Cathedral Church-yard a worthy Person as formerly we had occasion to take notice of One of the brightest Lights of that Church both for Learning and a shining Conversation and in his constant diligence in the Work of the Ministery a Pattern to others In the beginning of the Troubles in this County Captain Richard Rives Commander in Chief of Sir John Borlase Lord Justice his Troop Garrison'd at Belturbet acted very close and gallantly attending the English with much faithfulness till by the command of the State who suspected his surprizal he was recall'd to Dublin marching thither through the Enemy over many dead Bodies that with Famine had perish'd in the way performing afterwards being Sir Borlase's Junior's Lieutenant Colonel very many honourable services as at Athboy near Trim with the Lord Lisle where they notoriously beat up the Rebels Quarters as else-where viz. Kells Carickmacros the Earl of Essex's Castle in Monaghan which they took from the Rebels with a considerable advantage in October 1642. highly deserving the publick notice though since he was unfortunately put away heading Colonel Penruddock's and Sir Wagstaff's Party in the West of England about the 14th of March 1654. And now by reason that more People flock'd to the City and that the Lords Justices and Council had frequent intelligence from several parts of the insolent proceedings of the Rebels against the British and Protestants in the Borders of the Pale as well as the adjacent Counties they the xi of November prohibited the access of unnecessary Persons not any way restraining such as by their Quality or Business gave no grounds of Exceptions as by the Act it self is evident which you will find in the Appendix However there were some venom'd with the vigilancy of the State who endeavour'd to cast a blemish on this Proclamation though afterwards it appear'd to be his Majesties sense in his Letters to the Lords Justices in December following Yet the 16th of November the Parliament freely met according to the Adjournment Mr. Darcy Mr. Burk and other active Members of the House of Commons having exceedingly importun'd the same the deferring thereof being as they urg'd it an injury to the whole Nation as hindring them from expressing their Loyal affections to his Majesty and shewing their desires to quell this dangerous Rebellion withall engaging that there should be on their meeting a clear Protestation against the Rebels else for fear there should have been some prejudice to the State by the concourse of People at that time the State was once resolved having power from his Majesty so to do by a Proclamation of the 27th of October to have deferr'd the Parliament to the 24th of February next ensuing for several causes therein mention'd but especially for that his Majesty desir'd the Lord Lieutenant should be there As by another Proclamation the same 27th of October the Lords Justices and Council had adjourn'd Michaelmass-Term To avoid in that exigency those great and manifold perils and dangers that might have ensu'd to the State by such concourse of People out of all the parts of the Kingdom unto the City of Dublin as the holding of the Term would necessarily require by reason of the late most disloyal and detestable Conspiracy plotted by a multitude of evil-affected meer Irish Papists But however the Parliament met And here it was visible that more were tainted with the Infection than appear'd in Rebellion Lord what artifice what cunning what varnish was put upon all the Rebels actions and cruelties Those who seem'd to be most affected with the Insurrection cover'd it with such a vail treated of it so nicely with such tenderness as if they themselves being all indeed of the Conspiracy had been to participate immediately of the Punishment as well as they were clandestinely involved in the Plot By always contesting that they might not be called Traitors and Rebels being privy to what themselves had formerly with these Rebels contrived to be done And fearing it might move the Rebels to recriminate writes a most judicious Instrument of State That the Appellation of discontented Gentlemen was the worst that could be wrung from them till One heartily detesting the Fig-leaves thrown over this nakedness told the Speaker That though he had not arriv'd at that consistency of years as that his words might challenge there an audience Days should speak and multitude of years should teach wisdom yet he could not but observe many passages in that Assembly too like Catilines in the Senate and therefore moved that it might not be told in that House or publish'd at Askelon that so general a Revolt accompani'd with such horrid and barbarous circumstances should be took notice of with a more favourable expression than Treason and Rebellion He added further That he did not know but that that was the season wherein they were cast on their trial whether Allegiance or Rebellion God or the Pope were to be own'd And that as to any thing that might soften the Rebels he conceiv'd they were harden'd with so much villany that they esteem'd all things justifiable that were attainable Iram atque animos à crimine sumunt And therefore it was fit that that House should act as sensible of the Rebels cruelties and trust God to vindicate his and his Peoples Cause Upon which and other Arguments too shameful for them to palliate the Parliament discovered their Resentment in these words The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament assembled 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 rais'd Arms seiz'd upon his Majesties Forts and Castles and dispossess'd many of his faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other
cruel and inhumane outrages and acts of Hostility within this Realm The said Lords and Commons in Parliament assembled being justly mov'd with a right sense of the said disloyal rebellious proceedings and actions of the Persons 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 uttermost power maintain the Rights of his Majesties Crown and Government of this Realm and the peace and safety thereof as well against the persons aforesaid their Abettors 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 aforesaid 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 Council 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 Copia vera exam per Phil. Percivall Cleric Parliament And after that the Parliament had sate two days to whom the Lords Justices had imparted his Majesties gracious intentions not to depart from any his former favours promised to them for setling their Estates who should remain faithful and Loyal and that the Lords Justices had shorten'd the Prorogation to the 11th of January the Lord Viscount Costelough impower'd by the Lords went for England not long before having been sworn a Privy Counsellor in Ireland even since the Rebellion with whom the Lord Taaff also embarck'd having before presented to the Lords Justices and Council from many of the Gentry and Inhabitants of the County of Longford in Rebellion a rebellious and scandalous Letter in the nature of a Remonstrance full of pretended Grievances and unreasonable Demands as namely to have freedom of Religion a Repeal of all Laws made to the contrary and the like Upon the information of which especially that there should be a toleration of the Popish Religion in Ireland it was resolv'd on the 8th of December 1641. upon solemn Debate by the Lords and Commons in the Parliament of England That they would never give consent to any Toleration of the Popish Religion in Ireland or in any other his Majesties Dominions Which Vote hath been since adjudged a main motive for making the War a cause of Religion consequently of calling in Foreign Princes to their aid and assistance which before ever this Vote past to ground the least pretence thereupon the Irish made Religion the principal end of their Insurrection and this Proposition was as you see one of the first to be demanded which gave the Parliament a cause for the Vote fore-mention'd In pursuance of which Sir Benjamin Rudyard whom the cause ever made eloquent thus delivered his sense Mr. Speaker PEradventure I could have wish'd that Toleration of Religion had not at this time come in question but now it is brought on the Stage I am brought to the Stake When Religion is so nearly concern'd I love not to take any Civil or Politick respects into consideration Reason of State hath almost eaten up all the Laws and Religion of Christendom I have often heard it discours'd whether we should make Religion an Argument of any of our undertakings abroad wherein the wiser sort have been very nice and tender believing that the over-number of Papists would overwhelm us yet I have been long of opinion that our Attempts and Assistances have so often miscarri'd because we have not boldly and publickly avowed our Religion It may be God thinks we are too many who can conquer as well with few as with many Shall the Irish now make their Religion the cause of their Rebellion and shall we be asham'd or afraid to maintain our Religion in reducing them to their Duty and Obedience God will not honour them who do not honour him Let us remember that expostulation in the Chronicles Why transgress ye the commandments of God so that ye cannot prosper This is a great transgression to shrink from God in his truth When we deny the Irish a Toleration we do not withdraw the eases and favours they have heretofore enjoy'd Greater I am sure than they would afford us if we were in their power Wherefore Mr. Speaker let us uphold our Religion and trust God with the success Upon which and other motions thereupon the Vote mention'd proceeded without dispute and that the cause thereof might appear we shall refer you to the Longford Letter it self What reception it had at the Council-board may easily be conceiv'd by these Lords speedy repair into England who afterwards centred in that which in time brought on a Cessation of Arms with the Rebels in its own place to be spoke of The Lord Dillon upon his coming into England was seiz'd on by the Parliament and his Papers rifled according to a Vote in Parliament the 3d. of November which by the Confederates was look'd upon as a heinous crime though the discovery of the Concerns in Ireland as well as the management of the War were entrusted to the English Parliament so no crime in them But he escaped from them at last and went to the King having in his private Instructions orders to move that no Forces might be sent over out of England but that the whole work might be left to the Remonstrants and that they would then undertake to suppress the Rebels themselves In the interim we must not omit that some of both Houses of Parliament in Ireland lately met but now Prorogu'd were appointed to treat with the Rebels So they receiv'd their Instructions from the Lords Justices who were to impower them under the great Seal thereunto But instead of any happy effects thereon the Rebels were so puffed up with their Victories over the poor surpriz'd unresisting innocent English as they barbarously tore the Order of Parliament together with the Letter sent unto them promising themselves success and Dominion in all their Attempts By this time the State had receiv'd an Answer from the Lord Lieutenant of the Account they had given him of the Rebellion wherein he certified the Lords Justices that he understood his Majesty had receiv'd some Advertisements out of the North of Ireland of the present Rebellion and that the Business of Ireland might not suffer by his stay in Scotland which was somewhat longer than he expected his Majesty had refer'd the whole Business of Ireland to the Parliament of England who after a most serious and solemn information of this horrid Plot by a select Committee
an Alarm even in the streets of Dublin who were gallantly repulsed by Colonel Crafford's Men killing 20 of them the Rebels by that means doing no more hurt than plundering and firing some few thatcht Houses All things tending to a Cessation the State held it their best policy not to retain their Forces wholly in their Garrisons and therefore though they had slender Provisions and less Treasure to encourage the Souldiers abroad the 27th of June 1643. Colonel Monk with 1300 Foot and 140 Horse was sent against Preston strengthned by Owen O Neal whom he encountred near Castle Jordan at a Pass upon the River Boine being 5 or 600 Horse and 6000 Foot putting his Foot to rout and killing many of his Men Yet for want of Provision he was forced to leave Clancurry and turn to Wickloe where he got store of Cattel But thence he was soon recalled to face the Rebels in Meath and hearing of Neal's Forces about Port Leicester Mill a great and secure Fastness near 5 miles Westward from Trim he with the Lord Moor vigilantly attended their motion But so it fell out that the Lord Moor observing Neal's encamping there had some notice of his levelling a Piece of Cannon towards his Army yet was so little concern'd at the advice danger in that Cause being never apprehended as after that the Bullet had once if not twice grazed he with other Gentlemen who were not without of what might ensue and intimated their suspicions still travers'd the Ground till most unfortunately the Bullet forc'd its passage through his Armour into his Body but was not of strength sufficient to go through however it there slew him upon whose Fall one readier to shew some sallies of Wit than Skill obtrudes this Distich Contra Romanos Mores res mira Dynasta Morus ab Eugenio canonizatus erat In Answer to which one readily writes this Olim Roma pios truculenta morte beavit Antiquos mores jam nova Roma tenet This Noble Gentleman was the first that adventur'd in this Cause and the last Victime under his Majesty's Commission a Gentleman of clear Spirit and Integrity He fell not many days before the Cessation which by several even of the Privy Council themselves was much disliked nor indeed till some of those were remov'd from the Council Board the Reasons they gave in being un-answerable could the Cessation be brought on without opposition and then not so easily as some thought many difficulties and those not easie to reconcile in reference to his Majesty's Exigencies and the Interest of the distressed Protestants pressing in on every Dispute Now the Parliament in England conceiving themselves much interess'd in the Affairs of Ireland as already hath been said to advise order and dispose of all things concerning the Government and Defence of that Kingdom made the 30th of September 1643. not knowing that the Cessation had been then 15 days before concluded a Declaration against any Cessation or a Treaty of Peace with the Rebels in Ireland for that amongst many other Reasons the Cessation would be for the preservation of the Rebels and Papists only who under pretexts of civil Contracts would continue their Antichristian Idolatry Besides several Commissioners of both Houses of Parliament who by the Broad Seal the publick Faith of the State were intrusted with the Irish Affairs would by the Cessation be further dis-enabled to Act and the Adventurers who had so many Acts for their Security would by a Cessation be disappointed as the exiled Protestants turn'd out of their Habitations be thereby continued in misery and want Whilst these things were thought on in England the People of Ireland who took a liberty at the uncertainty of Affairs were strangely divided whether the Cessation should be concluded or no. Some who were sensibly touch'd with the Injuries and Cruelties of the Rebels could not brook it others hoping for their advantage by the Change daily expected it whilst the City in general being burthen'd with Taxes quartering of Souldiers c. having no hopes of Relief from abroad willingly hearkned to their Freedom so as now the strong Affections which had been commonly born against the Rebels began to wither into an indifferency and the course which had been then took to weather out the resolute either for despair or terrour humbled many and as Interest lay several resolv'd what Party to take in England upon the conclusion of the Cessation And that the Cessation might be put forward his Majesty writ to the Lords Justices and the Marquis of Ormond from his Court at Matson the 25th of August the 19th year of his Reign which came not to them till the 26th of September eleven days after the Cessation was concluded Authorizing them or any two of them to treat and conclude for him and in his name with his Subjects then in Arms in that his Kingdom for a Cessation of Arms for one whole year But before this Letter arriv'd the Treaty at Sigginstown began with the Confederates Commissioners by vertue of the Letter the Marquis had formerly received from his Majesty dated at Oxford the 31. of July 1643. who to that purpose order'd a Commission dated at Dublin under the Broad Seal the last of August 1643 in the 19th year of his Majesties Reign to conclude the Cessation with the Irish Commissioners who the 26th of August 1643. having met the Marquis of Ormond Lieutenant General of his Majesties Army there where insisting upon the Name Title and Protestation which at first they had assum'd not permitted of by the Marquis of Ormond they proceeded The Enemy in the interim besieging Tully and afterwards taking it even whilst his Majesties Commission of Grace was not far thence in execution and in all places they shewed themselves most active endeavouring either to surprize force or gain by allurements what they could exceedingly animated with hopes of a Cessation that upon its conclusion what was in their power might be peaceably possess'd During which Treaty many difficulties arose one whether in this or the former Treaty I am not certain was much insisted on viz. How the several Indictments and Outlawries against the Irish might be repealed After some dispute at length Plunket one of the Irish Agents told them He had found a Remedy the Judges before whom they were Indicted might be summon'd to the Star-Chamber and there be Fined And there replied one who is seldom found to sign any Act of State till the Cessation was concluded all that are concern'd may be confident to find reparation This the Lord Chief Justice Shurley thought reflected upon him who thereupon express'd much courage and integrity And the Dispute fell And the 15th of September 1643. the Cessation was concluded by the Marquis of Ormond who for his Courage Affection and Loyalty his Majesty had made his Lieutenant General of his Army in Ireland and who having gotten so many notable Victories over the Rebels was very well approv'd
of by the two Houses of Parliament in England The publication of which with the Articles and his Majesties Motives thereunto you may read in his Majesties Works from fol. 353. to 365. In confirmation of which the Lords Justices and Council issued out a Warrant to the Lord Chancellor to draw Letters of Confirmation under the Great Seal of Ireland which accordingly bore date the 26th day of Septemb. in the 19th year of his Majesties Reign And to express the necessity thereof many Persons of Quality sign'd the said 15th of Septemb. 1643. a Writing therein concluding it necessary for his Majesties Honour and Service that the Lord Marquis of Ormond should assent to a Cessation of Arms though some of these afterwards joyning with the Parliaments Forces resolved to die a thousand deaths rather than to descend to any Peace with the perfidious Rebels but stuck not at length to that Protestation altering as the Scene chang'd Whilst the Cessation was in agitation at Sigginstown the Consequences of dissolving the Parliament were not the least in consideration at the Council-board nor was there any thing more desired by the Rebels who thereby hoped to be re-seated in a new Parliament which they question'd not to manage to their own ends and advantage Wherefore that the State might still steer by the same Compass they had hitherto done they committed the Case to the Judges who unanimously agreed upon the following Reasons for its continuance May it please your Lordships ACcording to your Lordships Order of the xi of September 1643. we have considered of such inconveniencies as we conceive may arise to his Majesty and his Service as Affairs now stand if this present Parliament should be determin'd and have reduc'd the same to writing which we humbly present to your Lordships further consideration The greatest part of the Free-holders of this Kingdom are now in actual Rebellion whereby his Majesty ought to be justly entituled to all their Estates both Real and Personal this cannot be done but by their Conviction and Attainder either by course of Common Law or by Act of Parliament By course of Common Law it will be very difficult to be effected for these Reasons following First Those who are indicted in most of the Counties of this Kingdom cannot be Attainted by Outlawry by reason that the Sheriffs of those Counties by occasion of the present Rebellion cannot keep their County-Courts to Proclaim and make due Return of the Exigence Nor can they be Attainted by Verdict for want of Jurors most of all the Free-holders in the Kingdom being now in Rebellion Secondly Those that are not Indicted or those that are already Indicted and in Prison or upon Bonds cannot be proceeded against Legally at the Common Law for want of Jurors because as aforesaid most of the Freeholders are in Rebellion Therefore of necessity those Persons must either not be Attainted at all or onely by Act of Parliament which is scarce possible to be effected if this present Parliament be Dissolved or Discontinued for that upon a new Parliament to be Summon'd the Knights and Burgesses must be Elected by the Free-holders and Inhabitants respectively most whereof are in Rebellion And yet the present Parliament will be discontinued unless a Commission under the Great Seal of England to the now Lords Justices or other the Chief Governour or Governours for the time being be here before the 13th of November next being the day of Prorogation for the beginning of the next Session of Parliament to enable them to continue this present Parliament the last Commission for the continuance thereof being onely to the Lords Justices one whereof is since remov'd Unless the Parties now in Rebellion being Legally Attainted which cannot be here as is aforesaid as the case now stands but by Act of Parliament his Majesty cannot have power to dispose of their Estates as in his wisdom he shall think fit either for the increasing of his Revenues or for the Peaceable establishment of this Common-wealth and indifferent Administration of Justice therein Rich. Bolton Cancell Geo. Shurly Gerrard Lowther Ja. Donnalon Sa. Mayard The Cessation as yet not being known to his Majesty the Lords Justices and Council received a Letter from him at the Camp at Matson near Gloucester of the 4th of Septemb. passionately resenting the sufferings and complaints of the Officers who upon all occasions had a tender affection in his breast And to the end they might not be frustrated of their Arrears he commands their Debentors should be respectively sign'd that they might take an effectual course to be paid the same by the Two Houses of Parliament that engaged them And left there should be any defect in acknowledging of their Merits who had so faithfully ventur'd their lives for his Majesties Service he is yet further pleased to provide for their Encouragement and Entertainment who upon the Cessation were now free to serve him though as yet he knew not of its conclusion but by the Contents of the following Letter seem'd to expect it giving particular Orders for the management of Affairs upon that occasion C. R. RIght Trusty and Well-beloved Counsellors and right Trusty and intirely Beloved Cousin and Counsellor We greet you well Whereas not onely the great neglect of the Affairs of that Our Kingdom by the remaining part of our Houses of Parliament who pretended so great care of it but their impious preventing all Supplies destin'd to their Relief by Our Authority which did ever most readily concur to any Levy of Men Money or any other Work in order to the Assistance of Our Protestant Subjects there and employing the same in an unnatural War against Us their Liege Lord and Sovereign hath reduc'd our Army in that our Kingdom into so heavy straits that out of Our Care of the preservation of them who so faithfully ventur'd their Lives for Our Service We were brought to condescend to a Treaty for a Cessation of Arms Our Will and Pleasure is and We do hereby Charge and Command you that in case according unto the Authority given unto you by Us you have agreed upon a Cessation or as soon as you shall agree thereupon you or any two of you do immediately consider of and put in execution these Our following Commands 1. That you agree upon what number of Our Army will be necessary to be kept in Garrison there for the maintenance of the same during the time of the Cessation and what Soldiers they shall be and what Persons shall command the same and that you settle them accordingly in that Command as shall appear to your discretion to be most conducing to our Service 2. That you do consider and advise of the best means of Transporting the rest of Our Army in that Our Province of Leimster excepting such as are to be kept in Garrison in Our Kingdom of Ireland and to that end We do hereby give you or any one of you full Power and Authority to hire all
and Cruelty unmeasurably sinful and detestable But I fear I have been too long and too troublesome both to you and my self I will conclude It is well known how the loud cry of innocent Blood of many thousands of Christians ascending up to Heaven and the devout and fervent prayers of many of Gods dear Saints and Servants have solicited the Throne of Justice that this happy and blessed day might come wherein Justice might impartially be executed against those Murderers whose cruelties have made this Land a Field of Blood And now since the high and righteous Providence of God by those many and signal Victories given to the Arms and Forces of Ireland hath sent down from Heaven this day of Justice unto us in this Land we ought to return him all praise and thankfulness for this unspeakable mercy And since the trust of this great work by the same Providence is committed unto us let us stir up his Grace within us and faithfulness of our minds and Souls to the faithful discharge and execution of this great trust Sedes Judicanda est quasi Thronus Dei saith old Bracton that learned Chief Justice in Henry the Thirds time I well remember and have often thought upon the counsel of Jethro to Moses Exod. 18. 2. Thou shalt provide thee out of all thy people able men such as fear God men of truth hating covetousness and set them to judge the people Whereupon Moses having constituted Judges over the People gave them this charge viz. Hear the causes between your brethren and judge righteously between every man and his brother and the stranger that is with him Ye shall not respect persons in judgment but ye shall hear the small as well as the great Ye shall not be afraid of the face of man for the judgment is Gods Deut. 16. 17. Give me leave likewise to mind you of Jehosaphat's charge to the Judges 2 Chron. 19. 6 7 9 11. Take heed what you do for you judge not for man but for the Lord who is with you in judgment Wherefore now let the fear of the Lord be upon you take heed and do it for there is no iniquity with the Lord our God nor respect of persons nor taking of gifts This shall ye do in the fear of the Lord faithfully with a perfect heart and shall judge the cause that shall come before you between blood and blood c. Deal couragiously and the Lord shall be with you There is also an excellent Rule for Judicature put in the case of the Gibeonites abuse of the Levites Wife Judg. 19. 30. the Crime was horrid the Case extraordinary There was never such a deed done or seen before in Israel the Tribes were moved at it and upon the Assembly the Rule is given viz. Consider of it take advice and speak your minds This certainly is an excellent Rule of Judicature viz. first 1. Consider of it consider well the Case and consider all the Circumstances of it beware that no guilty person escape nor innocent person be condemned For he that justifieth the wicked and condemneth the just even they both are an abomination to the Lord Prov. 17. 15. 2. Take advice and consult with others Lean not to thine own understanding saith the wise Solomon Prov. 4. 5. In the multitude of Counsellors there is safety Be not rash nor sudden or hasty to give judgment Qui festinat ad judicium proper at ad poenitentiam Prov. 11. 14. And therefore right grave and ponderous are the Entries of the Judgments in the Common Law scil Quibus lectis auditis per justiciarios his plenius intellectis matura deliberatione me praehabita c. adjudicatur c. When we have patiently heard and fully understood the Parties and Proofs the Witness and whole Case and have search'd into all the Parts and Circumstances of it and when we have advisedly considered debated and consulted of it and taken mature deliberation thereupon then according to the charge of Jehosaphat Let us deal couragiously give Sentence and fear not the face of man for God is with us It is no less impiety to absolve the Guilty than to condemn the Innocent Thus Sir Gerrard Lowther Chief Justice of the Common Pleas one principally imployed in the weightiest Affairs at Oxford and Westminster by the Marquess of Ormond with his Majesties Approbation that it cannot be said we have here presented you with the froth of a Fanatick or one less interressed in the State then one to whom the greatest Concerns thereof had been frequently communicated Yet because his Speech being spoke at the opening of the High Court of Justice may be thought Apocryphal and so not to be admitted for Doctrine yet may be read for instruction of Manners we shall soon present you with some thing Orthodox Many at Kilkenny Waterford Cork Dublin and other Places underwent the Censure of the High Court of Justice though the number of those that suffered exceeded not 200. for that the Sword Plague Famine and Banishment had swept away vast numbers amongst whom one Tool a notable Incendiary of Wicklow was one against whom Edmund Reily the Irish Priest and Vicar-General afterwards Archbishop of Ardmagh appearing in 1653. as a Witness was there accused for the chief Author of surprizing and burning in Cessation time the black Castle of Wicklow and consequently too of murthering of all those were in it upon which he was seized and committed Yet for his service in betraying the Royal Camp at Rathmines suffered no further punishment In distributing of Lands a course was thought of how the English might enjoy them freely without disturbance of the Irish for the future ever ready to fall upon them and therefore many of the Natives were transplanted into Connaght and according to the Extenuation of their Crimes had more or less Land allotted them which they enjoyed freely and in several respects was a great conveniency to them and not less security to the English They being now in a Body might be better watched then several where they would have been sure on every opportunity to have disturb'd the Peace One of the last Commanders amongst the Irish which bore up against the Parliament was Moitogh O Brian who being at last forced into his Fastnesses obtain'd in March 1653. the usual Articles of Transportation By the favour of which not less then 27000 Men had that year been sent away so as through the numbers that had been killed died of the Plague Famine and had been Transported the scarcity of People was very considerable To supply which Fleetwood writ that several Colonies might be sent over offering very good Conditions to such Families that would Transport themselves whereupon great numbers of all sorts of Sex flocked into Ireland which Fleetwood much indulging Cromwel thought requisite for the greater strengthening of his own Party to make his Son Harry Lord Deputy which he did in 1655. and soon after Lord Lieutenant a
Judges of and in such Quo warrantoes 16. By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the fact Censured in the Castle Chamber in great Fines and sometimes Pillored with loss of Eares and boared through the Tongue and sometimes marked in the forehead with a hot Iron and other like infamous Punishment 17. By what Law are men Censurable in the Castle-Chamber with the mutilation of Members or any other brand of Infamy and in what Causes and what punishment in each Case there is due without respit of the quality of the Person or Persons 18. Whether in the Censures in the Castle-Chamber regard be to be had to the words of the great Charter viz. Salvo continemento 19. Whether one that steals a Sheep or commits any other Felony and after flieth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traitor if not whether a Proclamation can make him so 20. VVhether the Testimony or Evidence of Rebells Traitors protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Trials of men for their lives or whether the Judge or Jurors ought to be Judge of the matter in fact 21. By what Law are Faires and Markets to be held in Capite when no other express Tenure is mentioned by his Majesties Letters Patents or Grants of the same Faires and Markets although the Rent or yearly summe be reserved thereout Declarations of the Law made in Parliament upon the Questions propounded to the Judges in a Sessions this present Parliament 1. THE Subjects of this his Majesties Kingdom of Ireland are a free People and to be governed only according to the Common Law of England and Statutes made and established by Parliament in this Kingdom of Ireland and according to the lawful Customs used in the same 2. That Judges in Ireland ought to take the Oath of the Justices or Judges declared and established in several Parliaments of force in this Kingdom and the said Judges or any of them by colour or under pretext of any Act of State or Proclamation or under colour or pretext of any Writ Letter or direction under the Great-Seal Privy-Seal or Privy-Signet from the King 's most Excellent Majesty or by colour or pretext of any Letter or Commandment from the chief Governour or Governours of this Kingdom ought not to hinder or delay the Suit of any Subject or his Judgment or Execution thereupon And if any Letters Writs or Commands from his Majesty or any other or for any other cause to the Justices or other deputed to do the law and right according to the usage of the Realm in disturbance of the Law or of the execution of the same or of right to the parties the Justices and others aforesaid ought to proceed and hold their Courts and process where the Pleas and matters be depending before them as if no such Letters Writs or Commandments were come to them And in case any Judge or Judges Justice or Justices be found in default therein he or they so found in default ought to incur and undergo due punishment according to the Law and the former Declarations and Propositions in Parliament in that Case made and of force in this Kingdom or as shall be ordered adjudged or declared in Parliament and the Barons of the Exchequer Justices of Assize and Goal-delivery if they be found in default as aforesaid It is hereby declared that they ought to undergo the punishment aforesaid 3. The Councel-Table of this Realm either with the chief Governour or Governours or without the chief Governour or Governours is no Judicature wherein any Actions real personal popular or mixt or any Suit in the nature of the said Actions or any of them can or ought to be Commenced heard or determined And all proceedings at the Councel-Table in any Suit in the nature of the said Actions are void especially Causes particularly provided for by express Acts of Parliament of force in this Kingdom only excepted 4. The proceedings before the Chief Governour or Governours alone in any Action real personal popular or mixt or in any Suit in the nature of any of the said Actions are voted upon Question coram non Judice and void 5. All grants of Monopolies are contrary to the Laws of this Realm and therefore void And no Subject of the said Realm ought to be fined imprisoned or otherwise punished for exercising or using the lawful liberty of a Subject contrary to such Grants 6. The Lord Lieutenant Lord Deputy or other Chief Governour or Governours and Councel of this Realm or any of them ought not to imprison any of his Majesties Subjects but only in Cases where the Common Laws or Statutes of the Realm do inable and warrant them so to do and they ought not to Fine or to Censure any subject in mutilation of Members standing on the Pillory or other shameful punishment in any Case at the Councel-Table and no Subject ought to be Imprisoned Fined or otherwise punished for infringing any Commands or Proclamations for the support or countenance of Monopolies And if in any Case any person or persons shall be committed by the Command or Warrant of the Chief Governour or Governours and Privy Councel of this Realm or any of them That in any such Case any person or persons so committed or restrained of his or their liberty or suffering imprisonment upon demand or motion made by his or their Councel or other imployed by him or them for that purpose unto the Judges of that Court of King's Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fees usually payed for the same have forthwith granted unto him or them a Writ or Writs of habeas Corpus to be directed generally unto all and every Sheriff Gaol-Minister Officer or other person in whose custody the party or parties so committed or restrained shall be at their retorn of the said Writ or VVrits and according to the Command thereof upon due and convenient notice thereof given unto him at the charge of the party or parties who requireth or procureth such VVrit or VVrits and upon security by his or their own Bond or Bonds given to pay the charge of carrying back the Prisoner or Prisoners if he or they shall be remanded by the Court to which he or they shall be brought as in like Case hath been used such charges of bringing up and carrying back the Prisoner or Prisoners to be always ordered by the Court if any difference shall arise thereabouts bring or cause to be brought the bodies of the said party or parties so committed and restrained unto and before the Judges and Justices of the said Court from whence the said VVrit or VVrits shall issue in open Court and shall then likewise Certify the true cause of such his or their detainor or imprisonment and
misapplied 24. Item It is ordered and agreed where any Arch-bishops Bishops or other Dignitary or any other person or persons whatsoever hath or enjoyeth any Lands Tenements or Hereditaments Tithes or other Church-Livings in one County or Province or doth or shall keep his or their Residence in another County or Province and hath his or their Creation or Nomination in any other County or Province where the said Lands Tenements Hereditaments Tithes or Church-Livings to the general use shall be employed within the said County or Province where the said Lands Tenements Tithes or Church-Livings do lie as by the several County-councils respectively shall be thought fit for the publick Cause 25. Item It is ordered and establish'd by the general Assembly that any Woman being a Roman Catholick and Wife of any Protestant or Catholicks that hath forsaken his Houses Estate and Wife and adhered unto the Enemy that every such VVife may enter into her Jointure if any be convey'd unto her or may recover her Thirds of her said Husband's Estate as if her said Husband were actually dead And that every such VVife shall be in such condition and capacity to sue and be impleaded as if her Husband had been exiled and banished the Realm by judgment of Law except the Provincial-council or Supream-Council in Particular Cases order the contrary 26. Item It is ordered and establish'd that the possession of Protestant Arch-bishops Bishops Deans Dignitaries and Parsons in right of their respective Churches or their Tenements in the beginning of these troubles shall be deem'd taken and construed as the then Possession of the Catholick Arch-bishops Bishops Deans Dignitaries Pastors and their Tenements respectively to all intents and purposes and that those Possessions are intended within the Precedent Order for settlement of Possessions 27. Item It is ordered and established that no man being Prisoner by Authority of any of the Councils aforesaid without order of the said Councils respectively shall be enlarged And that no Protection be given to servants and other men of the Enemies Party without the like Order or the Order of the chief Commander of the Army in the several Provinces or Counties 28. Item Whereas abuses have been committed in some parts of this Kingdom in taking of Arms Ammunition and other Merchandizes from Merchants arrived in the Creeks and Harbours far from their intended Port by reason of Tempest or the danger of Enemies to the great discouragement of Merchants It is therefore ordered and established that where any Ship or Ships or other Vessels shall come or arrive in any Harbour Bay or Creek within this Kingdom loaden with Arms Ammunition or other Merehandize that in such cases all those that are or shall be in Command in the adjacent Counties respectively shall protect and defend the said Merchants procure Carriage for the said Goods and safely convey the same to the said Merchants intended Port and not to suffer the same or any of the same under colour of paying for the same or otherwise to be disposed of or taken before the same come to the intended Port and be entred into the List of the Commissioners And any that shall Rob Steal or Violently take away any of the said Goods contrary to this Order shall be deemed and punished as Enemies to the publick good of this Kingdom and suffer death therefore 29. Item That certain Commissioners shall be appointed in every Port-Town of the Free-men and Residents therein by the Provincial or Supreme Council for the viewing of all the Arms and Ammunition that shall be hereafter imported into this Kingdom from beyond Seas and to certifie the same to the Supreme Council with all speed and to prevent abuses in the Sale for issuing or disposing of them 30. Item It is ordered and established that where Souldiers do run from their Garrisons or Commanders unto other Counties or or Provinces that the Commanders or chief Governours of the said County or Province upon complaint made thereof shall send back the Fugitive Souldiers to their Commanders to be dealt withal according to Justice 31. Item It is ordered and established that the Debts and other Duties owing to Creditors of this Union being Neuters and Enemies shall be paid out of the Goods Lands Tenements and Hereditaments of the said Neuters and Enemies respectively before any other publick charge be answered thereout 32. Item It is ordered and established that no Souldiers or other Persons without Command from the County-Council meddle with the Lands or Goods of Neuters or Enemies 33. Item it is ordered and established that to prevent the springing up of all National distinctions the Oath of Association or Union be taken solemnly after Confession and receiving the Sacrament in the Parish Churches throughout the Kingdom and the Names of all the Persons of Rank and Quality in every Parish that take the same to be enrolled in Parchment and to be Return'd Sign'd and Seal'd by the Parish Priest to the Ordinary of every Diocess who is to keep the same in his Treasury and to certifie a Copy thereof under Seal to the Metropolitan who is to keep that and to certifie a true Copy thereof under his Metropolitical Seal to the Rolls of the Kingdom where the same is to be enrolled APPENDIX IX Fol. 99. By the Lords Justices and Councel W. Parsons Jo. Borlase WHereas for special reasons of State moving Us thereunto We issued divers VVarrants forbidding his Majesties Army to burn certain Houses and Corn and to forbear pillaging spoiling and taking away Goods and Cattle of divers persons And whereas also not only We the Lords Justices or one of Us or our very good Lord the Earl of Ormond and Ossory Lieutenant General of the Army but also the late and present Commander or Commanders of his Majesties Forces in the City of Dublin or in Drogheda and other places within the Province of Lemster some of them having no authority or direction so to do and issued Warrants admitting sundry persons many of which persons by their present ill demerits in this General Rebellion might justly have been forthwith prosecuted with fire and sword with safety to bring or send to the Markets of Dublin Drogheda and other places Corn and other provisions to be there sold which was done in expectation that by that forbearance used towards them when they saw just vengeance taken on others for the same adhering to and relieving those who in this Rebellion publickly carry Arms and commit open Acts of Hostility they might be moved to depart from adhering to or relieving those notorious Actors in the Rebellion in gratitude to his Majesty and this State for so much clemency used towards them yet so ungrateful have many or most of those persons been found and so insensible of the duty and loyaltie of good Subjects to his Majesty as notwithstanding that clemency used towards them they have not returned the fruits of Loyaltie expected from them but on the contrary have run on in their