a due obedience Yet after all having attended his Majesty at York and other Places as the Court mov'd for his Dispatch he came in Novem. to Chester in expectation of an easie remove thence into Ireland but falling indispos'd at Chester was commanded back to Oxford about the beginning of Ian. 1642. so as in conclusion he ever going never went His stay was at first resented by the King then the Parliament to evidence the truth he writes a Letter from York to the Earl of Northumberland which by Order of Parliament the 26th of Septemb. 1642. was printed wherein he writes That he besought his Majesty that he might not be staid at Court for that the Affairs of Ireland requir'd his speedy repair thither or at least that some Governour if he were not thought worthy of it should be presently sent into that Kingdom And upon the 21 of Septemb. he appear'd in Parliament informing the Houses That he could never since his first going to his Majesty get his Commission Seal'd till the 18th of Septemb. referring himself to the pleasure of the Houses whether they would dispatch him for Ireland or no. Whereupon the 1st of October following his Case was again debated and it was Voted for the future That the said Earl should not put in execution any Instructions from his Majesty concerning the Affairs in Ireland until such time as they should be made known and approved by them After which many things in his Instructions were debated and it being mov'd the 4th of Novemb. in a Conference of the Houses that he was ready to set forward for that Service he had his Dismiss So as I have said he came to Chester and was remanded back to Oxford the important Affairs of Ireland being in another Channel than as yet they appear'd visibly to run in Though it was a good while after before he had his discharge from that Employment being kept in suspence till others had perfected their Design by which there accrued to him a great Arrear somewhat consider'd in the Act of Settlement though short of what he was prejudic'd thereby Upon the Earl of Straffords quitting Ireland Christopher Wendesford Esq Master of the Rolls the 3d. of April 1640. was sworn Lord Deputy He managed the Government with much Policy advantage to his Majesty and faithfulness to his intimate Friend and Ally the Earl of Strafford adjourning the Parliament in November following somewhat to the dis-satisfaction of the Members who before their Dissolution made shift to form a Remonstrance against the Earl of Strafford which he would have prevented to have been sent for England could he as he endeavour'd have staid the Committee of the Parliament in Ireland from going over the greatest part of which were Papists which the Irish took as a good Omen But he being not able to hinder them they finding conveniences from every Port grew thereupon much discontented and having quick intelligence how affairs were carried against the Earl of Strafford He died the 3d. of December following betwixt whom even from their Youth there had been an especial intimacy nor did it afterwards grow cooler but more strengthned in Judgment After his decease Robert Lord Dillon of Kilkenny-West and Sir William Parsons Knight and Baronet Master of the Court of Wards Decemb. 30. were sworn Lords Justices But it was not long before the Committee of Ireland then at Court so prevail'd as that his Majesty displac'd the Lord Dillon a Person of notable Parts and one by his Son's Marriage with the Earl of Strafford's Sister passionately concern'd in the Earl's Case Yet lest the Execution of his Majesties Graces to his Subjects of Ireland obtain'd by their late Committee's sollicitation should be deferr'd till those who were design'd to succeed the Lord Dillon were in Office his Majesty was pleas'd to direct a Letter dated the 4th of Ianuary in the 16th year of his Reign to his Privy Council of Ireland and Sir William Parsons and Sir Iohn Borlase then design'd Justices to grant amongst other things that his Subsidies there should be reduced to a lesser rate than formerly and that all Letters directed to the Lord Deputy Justices Chief Governour or Governours or to any other Officers or Ministers of that Realm either concerning the publick Affairs or private Interests of any Subject there might be entred into his Signet-Office in England to the end that they might be upon occasion found to take Copies of for the Subjects better information in such publick things as may concern them as also that all Dispatches from Ireland should safely be kept apart that like recourse may be had to them for the better satisfaction of the Subject who shall be concern'd therein And whereas in the former Governour 's time there were endeavours to hinder some Agents of Parliament to have recourse into England his Majesty taking notice That for asmuch as the Committee of the Parliament of Ireland John Bellew Esq and Oliver Cassel with others employ'd thence have repair'd into his Kingdom of England to represent their Grievances He hath manifested his gracious condescensions to them admitting them into his Royal Presence forbidding his Counsellors in Ireland or any other Officers or Ministers of that State to proceed any ways against them or any of them for the same And that his Subjects shall have Copies of Records Certificates Orders of Council Publick Letters or other Entries for the Declaration of their Grievances made In grateful acknowledgment of which the Parliament then sitting the 10th of Febr. 1640. order'd That the said Letter should be forthwith Entr'd amongst the Ordinances and Records of that House So that if there had not been a general defection long anvil'd in the minds of that People the event of so unnatural and horrid a Rebellion as few months after happen'd could not have been the issue of such remarkable Condescensions The 10th of Febr. 1640. his Majesty instituted Sir William Parsons Master of the Court of Wards before mention'd long experienc'd in the Affairs of Ireland and Sir Iohn Borlase Knight Master of the Ordnance Lords Justices One well known to his Majesty by the Eminency of his Imployments abroad and the opinion He had of his integrity and skill in Military Affairs the Discipline of the Army having been ever under his Charge since his arrival there These writes an Honourable Person appli'd themselves with all manner of gentle Lenitives to mollifie the sharp humours rais'd by the rigid passages of the former Government They declar'd themselves against all such proceedings as they found any way varying from the Common Law They gave all due encouragement to the Parliament then sitting endeavouring the reasonable ease and contentment of the People freely assenting to all such Acts as really tended to the Legal Reformation They betook themselves wholly to the advice of the Council and caus'd all matters as well of the Crown as Popular Interests to be handled in his Majesties Courts of Justice no ways admitting
it by any publick Writing that the Design seem'd a Birth acceptable to the Catholick Community And the Pope by his Nuncio afterwards to whom the general part of the Clergy and Natives adhear'd in effect maintain'd what Mahony had deliver'd for wholesome Doctrine accounting the Popes Bulls and Interdictions and Absolutions how long soever since publish'd still in the same force and vigour as they were the first day of their publication And it is very few years since writes this Honourable Person that upon the meeting of the Secular and Regular Clergy of Ireland before-mention'd to frame an Address to the King in testimony of their obedience disclaiming any Temporal Authority in the Popes the Court of Rome was so alarm'd by it that Cardinal Barbarin writ to them to desist from any such Declaration putting them in mind that the Kingdom of England was still under Excommunication And Walsh acquaints us at large of Mac-Mahon the Irish Jesuits printed Book of the lawfulness of killing not onely all the Protestants but even all such of the Roman Catholick Irish who should stand for the Crown of England and the Rights of the King to Ireland A Tenent agreeable to Salamanca's approbation of Oneal's Rebellion 1602. instigated by Pope Clement the 8th whereby it 's declared That all Catholicks who followed the English Standard against Prince Oneal mortally sinned And Osulevan the Priest in King James's Reign said It was a Doctrine fetch'd from Hell that Catholicks in Ireland should joyn with the Queens Forces which were Protestants against the Rebels Catholicks in Ireland and that such English ought to be no less set upon than the Turks So that whatsoever delusive Tenents have been broach'd of late as to perswade us the Adder is without sting the contrary hath been written in letters of blood not in his Majesty's Kingdoms only but wheresome-ever the Papal Power was exalted That persons professing the Reformed Religion are but Tenants at Will for their Lives and Fortunes and through Centuries of Ages it appears that as their Fleeces grow they are shorn till a time of slaughter be appointed That hence we may see at what we should have arriv'd had the Irish been fortunate in their attempt for though the loyal Formulary or Remonstrance highly magnified by some may seem a Bond of Iron it may easily by the Pope become weaker than a Rope of Straw During the Summer Sessions of Parliament already spoke of wherein the Heads of the Rebellion were closely complotting some under a suspicion that the Earl of Strafford's Servants in revenge of their Lord's death intended a Mischief to the Parliament mov'd the House and accordingly had Orders that the Lords Justices would let his Majesty's Stores for Powder and Arms be search'd which by a Committee they so curiously perform'd as they turn'd over several improbable Chests to find it out and when they had seen that there was none according to what the Officers of the Ordnance had before assur'd them yet they seem'd unsatisfied and repair'd on a new Order to the Lords Justices to be admitted to see the Stores of Powder and Arms plac'd in other Parts in and about the Castle To whom the Lord Justice Borlase Master of the Ordnance principally interess'd in securing his Majesties Stores answer'd That those were the King 's precious Jewels not to be without special Gause shewed assuring them further that they needed not to be afraid for that upon his Honour there was no Powder underneath either of the Houses of Parliament as at the Trial of the Lord Mac Quire at the King's Bench in Westminster was openly in Court testified by the Lord Blaney a great sufferer a worthy and gallant Person the said Lord Justice Borlase having at that time such a motion in his blood upon the importunity of that enquiry as he would afterwards often mention that action of theirs as aiming how slightly soever then looked on by others at some further mark than was thâ—n discernable So that at that instant he denied them whereat they seem'd discontented as being left in uncertainty in what state his Majesty's Stores stood which they desired particularly to know the late new Army being disbanded then and their Arms brought in that if the Powder and Arms were not there they might find them elsewhere or if there then by the intended surprize to be sure of them and to know where on the sudden to find them In which search the Lord Mac Quire was a chief actor and very inquisitive Thus in order to their Design they made ready for the Business passing that Session of Parliament began the xi of May 1641. for the most part away in Protestations Declarations Votes upon the Queries the stay of Souldiers from going over Seas and private Petitions little to the good of the Common-wealth or advancement of his Majesty's Service whereof the Lords Justices and Councel having notice finding withal that the Popish Party in both Houses grew to so great a height as was scarce compatible to the present Government they imparted by a Message to both Houses the 14th of July following their intention to give a recess for some months the harvest coming on and both Houses growing thin Which intimation of a recess both Houses readily assented to so that the 7th of August the Lords Justices adjourn'd the Houses to the 9th of November following which afterwards the Members of Parliament aggravated as a great unkindness the Committee of Parliament being expected from England and arriv'd at Dublin near the end of August Whereas when the Parliament was adjourn'd and before there was no certainty of their Committee's return the Earl of Roscommon who few days before coming from England expressing in plain terms that the Bills desired were not likely in any short time to be dispatch'd as the Letters from the Irish Committee at London which this Lord brought over inform'd too and That they were daily about their dispatch but could not guess when they might have it Yet as I have took notice in August beyond expectation the Committee return'd upon whose arrival the Lords Justices and Councel desirous to give them all satisfaction imaginable sate daily composing of Acts to be passed the next Sessions of Parliament for the benefit of his Majesty and the good of his Subjects on which the Members of Parliament then at Dublin and their Committee newly arriv'd seem'd with great contentment to retire into the Countrey the Lords Justices forthwith sending Briefs to all the Ports in the Kingdom of the Graces concerning Customs commanding the Officers punctually to obey those his Majesty's Directions particularly what-ever concern'd Wool Tobacco as all other things of that nature wherein his Majesty had been pleas'd to gratifie the Committee They gave Order also for drawing a Bill for repeal of the Preamble of the Act of Subsidies They also desired Sir William Cole and Sir James Montgomery two of the Committee if they could ever take the Assizes in the County
he this Examinant leaped over a Wall and two Pales and so came to the Lord Justice Parsons Octob. 22. 1641. William Parsons Thomas Rotheram Robert Meredith Owen O Conally How it came to pass that the other Lord Justice attested not the Examination it being took in his house he present hath begot some doubts evidencing how since Counsels severed into Cabals In the interim whilst Owen O Conally was examining Mac-Mahon walking in Chichester-hall drew with Chalk several Postures some on Gibbets others groveling on the ground intimating how his fancy run on what was then acting So little did he dread the event The night being thus pass'd over the Lords Justices remov'd themselves for their better security into the Castle where the body of the Council attended them and having secur'd the Lord Mac-Guire taken after several removes in an obscure Cock-loft in Cook-street they joyn'd in this Proclamation By the Lords Justices and Council W. Parsons John Borlase THese are to make known and publish to all his Majesties good Subjects in this Kingdom of Ireland That there is a discovery made by us the Lords Justices and Council of a most disloyal and detestable Conspiracy intended by some evil-affected Irish Papists against the Lives of us the Lords Justices and Council and many other of his Majesty's faithful Subjects universally throughout this Kingdom and for the seizing not onely of his Majesty's Castle of Dublin his Majesties principal Fort here but also of all the other Fortifications in the Kingdom And seeing by the great goodness and abundant mercy of Almighty God to his Majesty and this State and Kingdom those wicked Conspiracies are brought to light and some of the Conspirators committed to the Castle of Dublin by us by his Majesties Authority so as those wicked and damnable Plots are now disappointed in the chief Parts thereof We therefore have thought fit hereby not onely to make it publickly known for the comfort of his Majesties good and loyal Subjects in all parts of the Kingdom but also hereby to require them That they do with all confidence and chearfulness betake themselves to their own defence and stand upon their Guard so to render the more safety to themselves and all the Kingdom besides and that they advertise us with all possible speed of all Occurrents which may concern the peace and safety of the Kingdom and now to shew fully that Loyalty and Faith which they had always shown for the publick Services of the Crown and Kingdom which we will value to his Majesty accordingly and a special memory thereof will be retain'd for their advantage in due time and we require that great care be taken that no Levies of Men be made for Foreign Service nor any Men suffer'd to March upon any pretence Given at his Majesty's Castle at Dublin 23. October 1641. R. Dillon Ro. Digby Ad. Loftus J. Temple Tho. Rotheram Franc. Willoughby Ja. Ware Ro. Meredith Which being immediately printed was dispersed to as many Places as they could convey it to Against which some of the Lords of the Pale though at first they had offer'd their service at the Council-board with great protestations and affections to his Majesty few days after appear'd with a Petition to their Lordships wherein they utter'd the deep sense they had of an expression in that Proclamation as if by the words Irish Papists there being no distinction they might doubt themselves involv'd Upon which the Lords Justices and Council being tender lest they in whose fidelity from the example of their Ancestors their Lordships then rested confident should take umbrage at any of their expressions condescended by their Printed Declaration dated the 29th of the same October to publish and proclaim That by the words Irish Papists they intended onely such of the old meer Irish in the Province of Ulster as had plotted contriv'd and been actors in that Treason and others that adhered to them and none of the old English of the Pale and other Parts enjoyning all his Majesty's Subjects whether Protestants or Papists to forbear upbraiding matter of Religion So that this Cavil being remov'd the Lords Justices and Councel with all imaginable amity and confidence animated the Lords of the Pale and their adherents to joyn with them as one Body for the suppression of the present Rebellion and the maintenance of his Majesty's just Right and Prerogative To which end they parted with 1700 Arms and proportionable Ammunition as well to the Roman Catholicks as Protestant Subjects for the defence of their Houses in several parts As to the Lord of Gormanston there were delivered Arms for 500 Men for the County of Meath there were also delivered Arms for 300. for the County of Kildare Arms for 300. for the County of Lowth Arms for 300. for the County of West-Meath Arms for 300. for the County of Dublin and about the same time there were sent down 400 Muskets to the Lords of the Ardes and Clandeboys for the Arming of the Scots in the County of Downe also the State furnish'd Wexford Waterford Trim and Dundalk with Arms and licence to import Arms and Powder a condescension never indulg'd without great confidence and favour that nothing should be wanting to testifie their confidence of all but such as were in actual Rebellion And now having heard Mac-Mahon's and Conally's Examinations and the proceedings thereupon it will be time to give you the Lord Mac-Guire's though at first when he was brought before the Councel Board nothing could be wrung from him till the 26th of March 1642. that his Examination was taken before Charles Lord Lambert and Sir Robert Meredith Kt. Chancellor of his Majesty's Court of Exchequer by direction of the Lords Justices and Councel in these words Who being examined saith That about the time when Mr. John Bellew came out of England with the Commission for the continuance of the present Parliament Roger Moore in the said Moore 's Chamber in the House of one Peter de Costres of this City acquainted him this Examinant That if the Irish would rise they might make their own Conditions for the regaining of their own Lands and freedom of their Religion At which time the said Moore also acquainted him this Examinant that he had spoken with sundry in Leimster who would be ready for that purpose and withal told him this Examinant that he was assured a good part of Connaght would do the like and thereupon mov'd this Examinant to joyn likewise with them with all he could make unto which motion he this Examinant yielded And the next day following there was a Meeting in his the said Moore 's Chamber aforesaid where were Col. Mac-Bryan Mac-Mahon Tirelagh O Neal Philip Mac-Hugh O Relie this Examinant and Roger Moore where Discourse was had about that Business yet nothing concluded on save that Roger Moore and the rest should go and prepare their Parties And this Examinant further saith That about May last he this Examinant Roger Moore Philip O
until about 20 of the Rebel's Horse escaped away together leaving the rest of their Company to be killed and taken Prisoners as they were during which time the Foot and Cannon performing well their parts drove the Enemy to shift away to save themselves which Captain Hermon seeing pursued their Rear with some Horse with which he did notable good execution and to say the truth it is probable that most of the Rebels had that day been cut off had not the un-passable deep High-way betwixt both Armies hindred our left Wing of Horse from giving on upon their side and also the disorder that hapned to the right Wing of the Horse by their unhappy wheeling to the left hand But so soon as the Officers of those Troops could reduce their Men again into order my Lord Lisle and Sir Richard Greenvile presently pursued the Enemy with 2 Troops and sent Sir William Vaughan with 2 Troops more to pursue others flying away to the right hand And having followed the chase of them about 2 or 3 miles distant from the Army the Rebels having made their escape over Bogs and un-passable Grounds for Horse our Horse were fain to leave them and return to the rest of the Army where the Cannon stood In which service were 300 of the Rebels slain amongst which were a great number of their best Gentry and Commanders There were of the Rebels taken Prisoners Colonel Cullen their Lieutenant General Major Butler besides divers other Captains and some of their Ensigns of the English Forces were slain not full 20 Men in which service Sir Thomas Lucas unhappily received a very sore wound in his head That night the English Army lodged at Ballybeggan After which time the Army march'd without molestation of any Enemy until they return'd to Dublin whether the Rear of the Army came safe on Munday the 27th of the same month 1643. Where they were again Quarter'd even to the undoing and great desolation of that poor City which had now suffered so much and so long under the burden and insolencies of unpaid wanting Soldiers as they were unable to bear it longer and with loud cries and complaints made known their Grievances to the Lords Justices and Council wholely unable to relieve them And indeed such was the posture of the present affairs at that time as every thing tended to bring on a Cessation yet for the present the Lieutenant General that the Soldiers might be quieted publish'd a strict Edict Prohibiting all Soldiers to offer the least violence to any who brought Provision to the Market or any Inhabitants of the Town under the severest Penalties of the Marshals Court which for a time begat an obedience But the Army being ill Cloath'd meanly Victuall'd worse Paid and seldom employ'd in service necessity enforc'd them to those outrages Humanity could not take notice of many of them being the effects of a very pinching want though the Lords Justices and Council to the great dislike of the Army pursued some of the Offenders with exemplary Justice A sense of which with the Meagre return which Serjeant Major Warren brought out of England on his sollicitation for the Soldiers Pay and the dissatisfaction that thence arose some of the Officers not all there was a Party that presum'd they might have gone through with the work had there not been another in the Loom afterwards presented the State the 4th of April 1643. with a Paper in such a stile threatning so much danger as the Lords Justices and Council remitted the Copy of it to the Parliament of England which here follows My Lords AT our first entrance into this unhappy Kingdom we had no other design than by our Swords to assert and vindicate the Right of his Majesty which was here most highly abused to redress the wrongs of his poor Subjects and to advance our own Particulars in the prosecution of so honest undertakings And for the rest of these we do believe they have since our coming over succeeded pretty well but for the last which concerns our selves that hath fall'n out so contrary to our expectations that instead of being rewarded we have been prejudic'd instead of getting a Fortune we have spent part of one And though we behave our selves never so well abroad and perform the actions of honest men yet we have the Reward of Rogues and Rebels which is Misery and Want when we come home Now my Lords although we be brought to so great an Exigence that we are ready to rob and spoil one another yet to prevent such outrages we thought it better to try all honest means for our subsistence before we take such indirect courses Therefore if your Lordships will be pleased to take us timely into your considerations before our urgent wants make us desperate we will as we have done hitherto serve your Lordships readily and faithfully But if your Lordships will not find a way for our preservations here we humbly desire we may have leave to go where we may have a better being And if your Lordships shall refuse to grant that we must then take leave to have our recourse to that first and primary Law which God hath endued all men with we mean the Law of Nature which teacheth all men to preserve themselves Hence with what countenance some gave it it was thought the Rebels as to the bringing in of the Cessation and their further Aims prevail'd more than in all their Battels Treacheries and Surprizals About Easter the Rebels under Preston besieg'd Baranokil at which time even the 11th of April Colonel Crafford march'd forth of Dublin with 13000 Foot and 130 Horse a Culvering and a Saker Drake towards Monastar-Even that with his Party he might there live and if he should be advised by the Garrisons thereab outs he had Orders to set upon Preston who had with him 4000 Foot 500 Horse three Pieces of Battery and four Field-Pieces But here we must acquaint you that about November 1642. the Lords Justices sent his Majesty then at Oxford a short Petition in the name of the Roman Catholicks of Ireland which they had received from them desiring that his Majesty would appoint some persons to hear what they could say for themselves with many expressions of Duty and Submission Shortly after which Sir James Mountgomery Sir Hardress Waller Knights and Colonels Colonel Arthur Hill and Colonel Audley Mervin a Committee for Ireland in behalf of themselves and other Commanders in his Majesties Army there attended his Majesty at Oxford setting forth by their Petition as follows May it please your Sacred Majesty WE your Majesties most humble Subjects being entrusted from considerable parts of your Majesties Forces in the Kingdom of Ireland to petition your Majesty and your Parliament for Supplies and finding that your Majesty had committed the care and managing of that War to your Parliament here we address'd our selves unto the same whose sense of our miseries and inclination to redress appear'd
high and eminent trust of your Affairs here deposited with us by your Sacred Majesty we may not forbear in discharge of our Duty thus freely and plainly to declare our humble apprehensions to the end your Majesty thus truly understanding the terribleness of our Condition may find out some such means of support to preserve to your Majesty and your Royal Posterity this your ancient and rightful Crown and Kingdom and derive deliverance and safety to the Remnant of your good Subjects yet left here as in your excellent Judgment you shall find to be most to your Honour and Advantage And so praying to the King of Kings to guide and direct you for the best in this high and important Cause and in all other your Councels and Actions we humbly remain From your Majesties Castle at Dublin the 11th of May 1643. Your Majesties most Loyal and most Faithful Subjects and Servants The 12th of May the Lord Taaffe Roch and Fitzwilliams arrived out of England and that morning Major Warren and Sir Francis Butler came to the Council the Lords sitting and presented a Petition to the Lords Justices accusing the Lord Parsons of high Misdemeanors and other Treasonable Matters requesting that his Person and Goods might be secur'd though in conclusion nothing was ever filed against him an Evidence to most that there was more of a Design then Crime in the Accusation And having as before presented you with the Lords Justices Letter to his Majesty we should now give you the Declaration of the Lords and Commons assembled in Parliament the 16th of June 1643. concerning the present lamentable estate and miserable condition of Ireland In answer to what the Lords Justices and Council had faithfully acquainted them withall that it may appear how sensible they were of the information they had receiv'd of the straights and exigencies of the Protestant Forces in Ireland which certainly is very Emphatical resenting with a just aggravation the miserable condition of that Kingdom but being legible in Husbands Collections we shall refer you thither not busing our selves how far it prevail'd Certainly the Exigencies of the Souldiers and State of Ireland were then very considerable in as much as his Majesty not being able by any other expedient to remedy as he was perswaded their complaints then by a Cessation he to that end sends this Letter to the Lords Justices C. R. RIght trusty and well beloved Counsellors and right trusty and intirely well beloved Cousen and Counsellor we greet you well The present Distractions here have rendred us as unable as by experience we find the remaining part of the two Houses are unwilling to supply or relieve our Army in Ireland and if the Money we consented should be rais'd in this our Kingdom for the Relief of Ireland had not been diverted by them and Rebelliously imployed against us here in England we should not have been constrain'd to have hearkned to a Cessation of Arms now on that side But since we see no other hope during the unhappy distempers here to settle the Peace of that our Kingdom but by a Cessation of Arms between us and the Irish now in Arms there and doubt very much how our Forces now in that our Kingdom will be there maintain'd if we shall admit of a Cessation We have thought it expedient by these our Letters to recommend it to your care and industry to consider seriously how our Forces on that side may be enabled to subsist during the Cessation and if there may be means found for that we do then hereby Authorise and require you to agree to a Cessation of Arms there for a year and in our Names to assure the said Irish that we are graciously inclin'd to dissolve the present Parliament and call a new one between this and the 10th of November next and to take a course to put all those that shall be chosen Members of the said Parliament into such a condition as they shall not be prejudiced of their Liberty of Assisting Sitting and Voting in the said Parliament for better effecting whereof we do hereby further authorise and require you to give License to such Commissioners as the said Irish shall appoint to come over hither to us to treat of that Business and such other Particulars to be proposed by way of Petition as shall necessarily conduce not onely to the satisfying of the said Cessation but to a preparation of what shall be requisite for the setling of a just honourable and perfect Peace in that our Kingdom And we further require in case the said Irish now in Arms shall agree to such a Cessation and Treaty to advertise us of some such able and fitting Ministers or Servants of ours on that side as you conceive fit to be sent over hither to assist in the Treaty here when Commissioners shall come over from the said Irish. In which Business we require you to use all convenient expedition and to give us a speedy Account for which these our Letters shall be your Warrant Given under our Signet at our Court at Oxford the second day of July in the 19th year of Our Reign 1643. To our right trusty and well-beloved Counsellors Sir John Borlase and Sir Henry Tichborn Kts. Lords Justices of our Kingdom of Ireland and to our right trusty and intirely beloved Cosen and Counsellor James Marquiss of Ormond Lieutenant-General of our Army there But before this Letter came to the Lords Justices the means to a Cessation were thought of Yet the day before the Marquiss of Ormond proceeded to the Treaty which was the 22. of June the chief Protestants of the City of Dublin were called before the Council to know if they would give 10000 l. or have a Cessation the latter they were very unwilling to and the former they could not advance indeed it was well known though it serv'd as an Argument to evidence the necessity the State was put to And the Irish Commissioners the 23. of June presented themselves unto the Marquiss of Ormond in his Tent near Castle Martin in the County of Kildare in the presence of divers Colonels Captains and Officers in his Majesties Army his Lordship sitting in his Chair covered and the Irish Commissioners standing bare after several passages betwixt them all tendred in writing the Irish Commissioners gave his Lordship a Copy of the Authority they had receiv'd from the supream Council of the Confederate Catholicks of Ireland at Kilkenny in these words WHereas his Majesty's most faithful Subjects the Confederate Catholicks of Ireland were inforced to take Arms for the preservation of their Religion for the defence of his Majesty's just Prerogatives and Rights and the maintenance of the Rights and Liberties of their Countrey labour'd to be destroyed by the Malignant Party And whereas his Majesty in his high Wisdom and Princely Care of his said Subjects Welfare and Safety and at their humble Suit That his Majesty might be graciously pleas'd to hear
Ships Barques or Vessels whatsoever and to treat with any Persons whatsoever for the Loan Hire or Sale of any Ships Barques or Vessels upon such Conditions as you or any one of you shall agree upon with them 3. That in such time and manner as to you shall seem meet you communicate to the Officers and Soldiers of that Our Army this Our intention to make use of their known Courage and Fidelity in the defence of Our Person and Crown against the unnatural Rebellion rais'd against us in this Our Kingdom and against the like labour'd by the Rebels here to be rais'd against Us out of Our Kingdom of Scotland 4. That you signifie unto them that We are the more mov'd and necessitated unto this course for as much as it is resolv'd by some ill affected Persons in that Our Kingdom of Scotland to call over the Army of Our British Subjects out of Our Kingdom of Ireland to the end to make use of them for the Invasion of Us and of Our Good Subjects of England And for as much as this Rebellion against Us under colour of the humility of Our two Houses of Parliament hath exhausted the Means appointed by the concurrence of Our Royal Authority for the sustentation of that Our Army there and by force hath stai'd and taken from Us all those Our Revenues which might have enabled Us to have supplied them in that Our Kingdom so that we ought in reason besides the Bond of their Allegiance to expect their ready concurrence against those Persons who are as well the Causers of all the Miseries they have endured as of all the Injuries We have suffered 5. That you assure them both Officers and Soldiers that upon their Landing here they shall immediately receive Our Pay in the same proportion and manner with the rest of our Army here And you are to assure the Soldiers that all care shall be taken that Cloathes Shoes and other Necessaries be forthwith provided for them after they are Landed here and that care shall be taken for the Provision of such as shall happen to be maim'd here in Our Service and for the payment of all their Arrears that shall be due to any of them that shall happen to be kill'd in the same to their Wives Children or nearest Friends And you are to assure both Officers and Soldiers that we will take special care to reward all such according to their Merit and Quality that shall do us any eminent Service in this Our War against this odious and most unnatural Rebellion 6. We will and require you and do hereby authorize you to use your utmost Interest and Industry for the speedy Transportation of this forementioned part of Our Army with their Arms Horses and such Ammunition and the like as you shall think fit into Our Kingdom of England and particularly if it may be to our Fort of the City of Chester or to the most commodious Haven in North-Wales And for Our obedience in this and every other of these Our Commands this shall be to you and every of you sufficient Warrant Given at Our Court at Eudely-Castle 7th Sept. in the 19th year of Our Reign Superscrib'd as before For the Lords Justices and the Lieutenant General of the English Army To what Party the Cessation was happy will be hard to determine that thereby the Rebels had an opportunity which they improv'd to provide themselves of Arms and Ammunition may easily be conceiv'd in as much as the Parliament of England concluded the Cessation in Ireland was of advantage to none but to the bloody Rebels of that Kingdom Agreeable to what Camd. well observs for as much as in that space wherein a Cessation is allowed to the Rebels the Rebels enjoy free liberty to digest all their secret Plots and Machinations to strengthen their Sides by new Confederacies abroad and to encrease them at home with new Forces whilst all this while the English lay at a costly idleness feeding on the fruits of their Friends and faithful Well-willers when by reason of the Cessation they might not prey upon the Enemy Certain it is the Parliament improv'd the Cessation to a very specious pretence in as much as no estate say they of the Rebels was to be disposed of consequently no Cessation or Peace to be made till the Lords and Commons of the Realm of England should in Parliament by order declare that the said Rebels were subdued and this present Rebellion appeas'd and ended But on the contrary his Majesty shew'd the necessity of his good Protestant Subjects and the Army being not longer able to subsist for want of Supplies enforced that Cessation though he is told again That many since the Cessation have and do subsist And that one end for which the Cessation was made was that the Forces might be brought out of Ireland into England and employ'd against the two Houses Which in Answer his Majesty shews the reason of when the Scots Army before was made use of against him The whole Scene is excellently stated in his Majesties Answer to the two Papers concerning Ireland at the Treaty at Uxbridge How passionately soever the Parliaments Commissioners conclude That whatsoever becomes of us say they if we must perish yet let us go to our graves with that comfort that we have not made Peace with the Enemies of Christ yea even Enemies of Mankind declared and unreconciled Enemies to our Religion and Nation And indeed to give the Parliament their due when they had reduc'd the Affairs of England to their own Module the Rebels of Ireland were frequently chastised and so affectionately pursued that neither Men Money or Courage was wanting to that service Of the first part of which Paragraph his Majesty seems most sensible expressing in his Answer before-mention'd That he would be glad that either a Peace in England or any other Expedient might furnish him with Means and Power to do Justice upon them if this cannot be we must not desperately expose our good Subjects there to Butchery without means or possibility of Protection God will in his due time avenge his own quarrel In the mean time his Gospel gives us leave in case of War to sit down and cast up the cost and estimate our power to go through with it and in such case where Prudence adviseth it is lawful to propose Conditions of Peace though the War otherwise might justly be pursued This wrought much on many But the Parliament who persisted resolutely to have his Majesty disclaim the Cessation would not allow any necessity for it alledging that though some of great estimation with the Parliament whom his Majesties Commissioners produc'd as principally interessed in the managing of Affairs in Ireland and the War there had prest for Supplies as in all likelihood to perish speedily without them yet they were assur'd even by some who were at the Council at that time when those Letters were written that the same was done onely to
1652. The first Court of this nature whereof Justice Donnelan an Irish Native was President and Commissary General Reynolds and Justice Cook Assistants was at Kilkenny the 4th of October where the Supream Council of the Rebels sate in 1642. The Lord Lowther's Speech at the Opening of the High Court of Justice at the Trial of Sir Phelim O Neal. YOu have well understood how that by this Commission which hath now been read the Right Honourable the Commissioners of the Parliament of the Common-wealth of England for the Affairs of Ireland by vertue of the Power and Trust committed to them have here erected constituted and appointed a High Court of Justice And have constituted and appointed Persons therein nominated or any 12 or more of them to be Commissioners and Judges of the said Court And have authorized them to make inquisition for Blood and that in three main Points 1. To hear and determine all Murthers and Massacres of any Protestant English or other Person or Persons whatsoever within this Nation done or committed by any Person or Persons whatsoever both principal and accessaries who since the 1st day of October 1641. have killed slain or otherwise destroyed any Person or Persons in Ireland which at the time of their being so killed slain or destroyed were not publickly entertained and maintained in Arms as Officers or private Souldiers for and on the behalf of the English against the Irish. 2. To hear and determine the Charges Crimes and Causes of all and every Person and Persons both principal and accessaries who since the said 1st day of October 1641. have killed or destroyed any Person or Persons entertained or maintained as Officers or private Souldiers for and on the behalf of the English against the Irish the said Person so killing or destroying not being then publickly entertained and maintained in Arms as Officers or private Souldiers under the Command and Pay of the Irish against the English 3. To hear and determine the Charges Crimes and Causes of all such Persons that have killed or slain or otherwise destroyed any Person or Persons after Quarter given contrary to the Rules of War And to bring to Trial Judgement and condign punishment the Principals and Accessaries to those Crimes that is to say the Actors Contrivers Councellors Advisers Promoters Abettors Aiders and Assisters of any the said Murthers Massacres or killing after Quarter given contrary to the Rules of War This Commission doth likewise furnish the Commissioners with all necessary Powers requisite for this great Service and necessarily conducing to these Ends. By this Commission we may well observe for the comfort of all the good and faithful People of this Land the Justice and Wisdom of the High Court of Parliament of the Common-wealth of England and of their Right Honourable Commissioners here for the Affairs of Ireland 1. Their Justice in bringing these Crimes to Trial. 2. Their Wisdom in ordering this honourable just and equal form of Trial. 1. Their Justice and zeal of Justice appears in this That in all their Treaties and Articles concerning Ireland they would never admit of any the least hope of impunity for these barbarous and cruel Murthers and Massacres and breach of Quarter nor of any thing that might give impediment unto the faithful and impartial inquisition after all that innocent Blood which the merciless Murtherers have wickedly shed in this Land 2. Their Justice and zeal of Justice appears in that they have omitted nothing too dear to them But have with admirable charge resolution and contancy overcome all hazards and perils and have with a vast expence of English Blood and Treasure prosecuted this War which was but an execution of Justice to this conclusion and effected this fair and impartial inquisition for innocent Blood to put away innocent Blood from the Land for our righteous God the righteous Judge of Heaven and Earth hath revealed it in his holy Scripture that he will not have such wickedness to pass without condign punishment For there are three things which the Lord hates viz. Oculos sublimes Linguam mendacem Manus effundentes innoxium sanginem Prov. 6. 17. Their Wisdom appears in this 1. In that as good Husbandmen they prepare the re-plantation of the Land by rooting out the noisom Weeds that always would over-grow and destroy the good Corn as we have found by sad Experience And certainly both in Religion and Prudence it is undoubtedly necessary to clear the Land by Justice of this innocent Blood the innocent Blood of Christians most wickedly and cruelly shed upon the Land against the Laws of God and Man of Nature and of Nations the Laws of the Land and the Rights and Rules of War and the Bonds of Humanity and humane Society 2. In ordering this form of Trial by an High Court of Justice for the impartial inquisition trial and condign punishment of these Murthers Massacres and breach of Quarter For 't is manifest to any Man of sound judgement and right knowledge in the Law That that ancient and excellent Trial at the Common Law by Juries Freeholders of the proper Counties and Hundreds or Baronies where the Facts were done was neither convenient nor possible for the decision of these Causes as the present Constitution of the Common-wealth now is Where now can these numbers of indifferent Jurors be had Liberi legales Homines free from all exceptions and challenges out of which the Juries may be equally impannell'd for the trial of the Prisoners that are or shall be charged with these Crimes How can all the effectual Forms absolutely requisite to that Trial be observed in all these Cases if we do but consider the legal Challenges both for the Common-wealth and for the Prisoners to the Array to the principal Pannel to the Pales the peremptory Challenges the Challenges for Causes inducing favour or affection hatred or enmity or for Crime and how in that course could rightly be the Trial of the Articles of War So that that course of Trial not being now apt for the decision of these Causes The Commissioners of Parliament have in wisdom and prudence erected and constituted this Fair Honourable Equal and Indifferent course of Trial by erecting an High Court of Justice for the hearing and determining of these Causes Wherein are Soldiers for the Articles Rules and Laws of War Judges for the knowledge of the National Laws others that have Cognizance of the Civil Laws and other Men of great Experience Reason and Judgment and all of them Men of Honour and Integrity to be the Triers and Judges in these Cases Having thus far opened the Commission and manifested this form and course of Trial to be Honourable Just and Equal I conceive it requisite a little to consider the Laws against Murther which are to be as Land-marks and Guides to direct and lead us in the right way of Judgment in this great Work and Service Let us take a brief view of the Laws of God held forth
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
insequutus est cum multis sequalibus in Lagenia vero se adjunxerant Jacobus Vice-Comes de Baltinglass cum Kavanachiis Briniis aliis Nobilibus illius Provinciae visa est magnis piis Principibus Causa Dei tractari quia pro fide bellum susceptum intellexerunt Copias etiam auxiliares transmiserunt sed propter Delicta seculi irritus fuit Conatus Deo tunc non decernente speratum Bellatoribus effectum tribuere quem in aliud tempus pro alia Generatione aliis Instrumentis modis parandum reservavit atque ita difflatum est Consilium illud dissiluit in partes opus coeptum ipsum infaeliciter dissolutum est neque enim in illa Commotione transire ad refrigerium nostrum voluit Dominus 3. Illa vero Geraldinorum commotione sic praetervecta successit ignis omni late devastans dum flamma ferroque omnia populatur Comes Tyronensis plusquam decennali bello intercipiens hujus Insulae quietem multa visus prospere aggredi multis etiam congressibus victor sed nonnullis victoriis infolescens exercitus tametsi Cohortium antesignari ipse Gubernator Dactor exercitus causam praetulerit honorificam restituendae Religionis nec ullam vellet capitulationem admittere cum Anglis in qua Primario non ageretur De fide Orthodoxa publicè stabilanda per universum regnum quia Tamen via violentia tunc exercita non erat secundum propositum Dei efficax hinc peccatis Hominum irato Numine frustra se exerebant vires Hominum 4. At King James's access to the Crown Waterford Cork and Limerick in Munster Kilkenny and Wexford in Lemster openly oppos'd the King's Title as not being a Catholick but were soon brought into obedience by the Lord Deputy Mountjoy 5. Within four years after the Lord Chichester Deputy Tyrone and O Donnel conspiring with Mac-guire Cormack O Neal O Cahan the Lord Delvin and others design'd a notable Rebellion but were prevented in May 1607. and an Act of Attainder past Anno 11 12 13 Jacobi Cap. 4. 6. The year following Anno scil 1608. Sir Doghertie's War succeeded sharp though short determining in five months encourag'd by the Priests That all who died in that Service went forthwith into Heaven Afterwards the State of Ireland seemed very happy both as to Improvement of Land Plenty and Peace till the year 1634. that Ever Mac-Mahon before mention'd discover'd an intended Plot which by the prudence of the Governour the Lord Wentworth never arriv'd at its design nor afterwards was any thing further suspected till Sir Henry Vane by his Majesties command K. C. 1. gave the Lords Justices the 16th of March notice of a suspected Rebellion of which with its circumstances we have already insisted Though we must say that the result of the former Conspiracies which by the blessedness of the Times prudence of Governours or other accidents were delayed in this Anno sc. 1641. met the accomplishment of them all Yet nothing was here attempted which the bleeding Iphigenia the great Incendiary of that Nation doth not passionately justifie it being in his Divinity and Logick rational That the Irish though not then visibly assaulted might however assume Arms in defence of their Religion and Property both threatned it being writes he a common Doctrine of Divines That it is lawful to prevent an evil that cannot be otherwise avoided than by preventing it nor need the authority of the Prince in that case be required A Doctrine so hellish as none certainly is so besotted but he may easily read therein the ruine of States and Kingdoms excellently answered by the Learned and accurate late Proselyte Dr. Andrew Sal to whom in this point we must refer you And as to matter of Fact bequeath you to the ensuing History clearly evidencing That before the Irish assumed Arms no Instrument was ever thought on much less found against them Formerly indeed it hath been strongly imputed to the State of England that conquering Ireland they did not also endeavour to make them one People holding them Enemies not taking care to settle Civility and a Property amongst them the cause as some thought of frequent Rebellions But though these and some other defects in the Civil Policy some think are inexcusable it may clearly be demonstrated they were not of so large a size as they are mark'd And it may appear by antient Records that the Laws of England were at first communicated to the meer Irish as far as their Barbarism and Cruelties exercis'd on occasions upon the English would well admit But to let these times pass whereof we cannot speak much with any certainty let us now see what fruits we have of all the Royal endeavours of his Gracious Majesty and his two Glorious Predecessors what return for all their Care for all their Charge and for all the English Blood which hath within the compass of the last Age been spilt for purchasing of Peace and introducing of the true Religion and common Civility into Ireland It cannot be denied that since the happy Reign of Queen Elizabeth all the former defects in the Government and Civil Policy have been abundantly supplied and all those Means us'd those Acts perform'd those Designs fully accomplish'd and all things else perfectly brought to pass which in the judgement of all wise Men were conceiv'd would undoubtedly effect the full settlement and reduction of that Kingdom As first The barbarous Customs continually us'd by the Irish have been quite abolished all sorts of People even the most wicked amongst them have been allowed the benefit of the Law and liv'd under the King 's immediate Protection all the Laws of England found useful for that Kingdom have been made currant by Act of Parliament in Ireland many other good Laws enacted and the execution of them hath had free course through all parts of the Kingdom the Courts of Justice have been open and the Judges for the more free distribution of Justice to the People have constantly twice every year gone their Circuits through the several Counties of the whole Land the Church-Government hath been fully setled many preaching Ministers generally plac'd throughout the several Parishes as likewise Free-Schools together with sufficient Maintenance for them have been establisht the Lands belonging to the Natives have been always duely setled according to Law in the Proprietor and what noise soever was rais'd entituling the Crown to Roscommon Mayo Slego Galloway Clare besides some parts of Limerick and Tipperary as one of the Master-pieces of the Earl of Strafford's Service in Ireland nothing was ever effected thereupon though it had cost his Majesty 10000 l. upon the enquiry and had they had patience till the next Sessions of Parliament there was an Act for Limitations pass'd by his Majesty to bar all Titles Claims and Challenges of the Crown before 60 years last past to have cut off all expectations upon the ancient Title and have strengthned by new Grants and Patents all Titles
the Rebellion all found guilty thereof were excepted from Pardon their Estates confiscated and the others who had only assisted in the War were to forfeit two parts of their Estates and be banished And accordingly great numbers of them were transported into Spain the latter end of this Summer Yet the Marquess of Clanrickard did not leave the Kingdom in many months after the Surrender of Galway but endeavour'd by all means possible to draw the scattered Forces together that he might prosecute the War afresh according to his Majesty's Letters in the years 1650 and 1651. encouraging him to his continuance in Arms as advantagious by way of Diversion to his then intended progress of promoting his Design in Scotland and coming into England And to that end the 16th of May the Marquess of Clanrickard with the Connaght Forces marched to Ballishannon which he took by storm and presently after Dungal-Castle where the Ulster Forces under Sir Phelim O Neal the Relie's and Mahon's joyned with him but upon intelligence that Sir Charles Coot and Colonel Venables were marched against him he retired to Armagh intending for Raphoe Whilst Sir Charles Coot in his pursuit of him retook Ballishanon and Dungal-Castle gaining also Sligo Ballymote and many other Garrisons so as the Marquess was forced to shelter himself in the Isle of Carrick And having receiv'd his Majesty's Command to take care of his own security that he fell not into the Enemy's hands he having no Port to friend where he might choose a Vessel and being so betrayed by the Irish as not securely to stay 24 hours in a Place was compelled to have a Pass from the Parliaments Forces not excepting any other Conditions for himself than that he might for some time remain secure in their Quarters without taking the Oath usually imposed by them and have liberty to transport himself and 3000 Irish more into any Prince's Countrey and Service then in Amity with England which was granted and in March 1652. he was transported into England in a Vessel belonging to the Parliament after he had born the Title of the King's Deputy in Ireland little more than two years not with greater submission from the Catholick Irish than had before been paid to the Lord Lieutenant and so retired to London where not long after he died and was thence carried to Summerhill a pleasant Seat of his own which Bradshaw had in Custodium near Tunbridge in Kent and was buried in the Parish-Church He was a Person much respected for his Integrity and though of a contrary opinion to those then in Usurpation looked on as a Favourer of the English and one that no ways indulged the Cruelties and Pretensions of the Irish. This was the Fate of that unhappy Nation both under Protestant and Roman Catholick Governours neither having had the credit to be Masters of the Irish Temper fomented by the Insolencies of the Priests and whatever might instigate them against the English Government Soon after the Marquess of Clanrickard's Departure the lesser Concerns of that Nation were with little trouble and charge brought in obedience to the Parliament who declared the 26th of September 1653. That the Rebels were subdued and the Rebellion appeased and ended and thereupon proceeded to the Distribution of their Lands in pursuance of the Act for Subscriptions 17 Carol. 1. Some time before which a High Court of Justice was setled in Ireland a Name we have reason not to mention without horrour and astonishment considering who was summoned to such a Tribunal which certainly would never have been how vain how ambitious how prodigious soever some mens Success was a Strumpet often leading one to Attempts above their first thoughts had not the Rebels of Ireland for carrying on their pernicious Practices avouched the sacred Authority for their pretence and colour that though these with Pilate washed their hands from the Blood of this Righteous One yet they have as the shame so the guilt of that Royal Blood on themselves who originally gave the occasion of such a Discourse which afterwards was made one of the pretended Causes for the most barbarous and inhumane Act ever perpretated Inter tragicoe Fortunoe Exempla omnibus retro seculis memorandus Upon which eloquent Du Moulin one of the clearest Lights of the French Church honouring me with a Letter on that Subject thus passionately discovers his Resentment La Morte de vostre bon Roy d'une facon si indigne si horrible par les Maims des Independans M'outre le Coeur de Douleur C'est une action sans Example un opprobre ineffacable a nostre Religion vostre Nation tant Genereuse a elle perdu tout Courage Les Escossoes se taisent ils la dessue Mais quoy Il faut Mettre le doigt sur la bouche adorer les Conseils de Dieu qui sont Inscrutables It is observable let some foam as they please that there were none who so much as pretended to have a Reverence for the Church of England that ever had the least hand in this foul and ugly Business An instance of that is in what the Lord Chancellor Hide acquainted the Parliament with in express words from his Majesty when he was imployed in an Embassy to Spain That the Horrid Murther of his Royal Father was not the Act of the Parliament or People of England but of a very wretched and little Company of Miscreants in the Kingdom fol. 41. Upon which Monsieur Moses Amiraldus the Excellent French Divine hearing of the Protestant Religion aspersed as seditious and treasonable writ a Piece in French in vindication of the Protestant Religion and dedicated it to our King Charles the 2d in the time of his Exile when Militiere and others would have inforced the barbarous Martyrdom of his Royal Father as a just Motive to his apostatizing and not trusting his safety to the Protestant Religion whereas all these blustering Storms as the Bishop of Derry observes in his excellent Tract against Militiere radicated him deeper in his Religion that what these intended for his evil proved his good And certainly whatsoever conspired to compleat so execrable a Design as the Murther of the King nothing contributed more than the Irish deluding his Sacred Majesty so long with their Promises of a competent Army whereby he relying on them too confidently assured of their Ability and Power to perform it deferred those Agreements which else he might have seasonably composed at home And could there ever be an equaller Distribution of God's Vengeance than that they by a parallel Court should suffer the loss of their Estates Lives and Fortunes Which though un-usual was the only Expedient sufficiently set forth in the ensuing Speech of the Lord Lowther's a Person of that Gravity and Worth as whatsoever may be said by others can never reach the State of the Question more fully with less animosity and greater truth than he hath done at the Trial of Sir Phelim O Neal in February
thereupon the Court after such retorn made and delivered in open Court shall proceed to examine and determine whether the cause of such Commitment appearing upon the said Retorn be just or legal or not and shall thereupon do what to Justice shall appertain either by delivering bayling or remanding the Prisoner or Prisoners 7. An Act of State or Proclamation in this Kingdom cannot bind the liberty Inheritance possession or goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as breakers and violaters of their Oaths of Judges 8. No Subject of this Kingdom ought to be sentenced to death or Executed by Martial Law in time of peace and if any Subject be so sentenced or executed by Martial Law in time of peace the Authors and Actors of any such Sentence or Execution are punishable by the law of the Land for their so doing as doers of their own wrong and contrary to the said law of the Land 9. No Man ought to be punished in the Castle-Chamber or in any other Court for taking a voluntary Oath before Arbitrators for affirmance or disaffirmance of any thing or the true performance of any thing in Civil Causes Nor are the Arbitrators before whom such voluntary Oaths shall be taken punishable 10. By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledge the offence layed to his charge or the justness of any Censure past against him in the Castle-Chamber or at the Councel-Table nor ought to be detained in Prison or abridged of his liberty or the reducement of his Fine stayed or delayed until he do acknowledg such offence or the justness of such Censure And it is further declared That no such inforced or wrested confession or acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. The Judges of the Kings Bench or Justices of Gaol-delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the parties indicted 12. The Barons of the Exchequer ought not to raise the respit of Homage above the usual rates appertaining in and by the course and presidents of that Court continued until the year of our Lord God 1637. And the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the respit of Homage upon any diversity of the true values of the Knight's Fees 13. The Subjects of this Kingdom may lawfully repair into England to repeal to his Majesty for redress of Injuries or for other their lawful occasions And for their so doing ought not to be punished or questioned upon the Statute of 5. of King Richard the second nor by any other Law or Statute of force in this Kingdom eminent Officers or Ministers of State Commanders and Souldiers of his Majesties Army The Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenues and Customes whose attendance is necessary requisite by the Laws and Statutes of the Realm only excepted 14. Deaneries or other Ecclesiastical Dignities of this Realm are not de mero Jure Donative but some are Donative and some Elective and some are Collative according to their respective foundations And the confirmation of the Bishops grants by a Dean de facto having actually stallum in Choro vocem in Capitulo togegether with the Chapter is good in Law 15. The issuing of Quo warrantoes out of the Court of Kings Bench Court of Exchequer or any other Court against Borroughs that antiently or recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament and the proceedings thereupon are Coram non Judice illegal and void And the right of sending Burgesses to the Parliament is questionable in Parliament only And the occasioners procurers and Judges in such Quowarrantoes and proceedings are punishable as in Parliament shall be thought consonant to Law and Justice 16. Jurors are the sole Judges of the matter in fact and they ought not for giving their Verdict to be bound over to the Court of Castle-Chamber by the Judge or Judges before whom the Verdict was or shall be given 17. No man ought to be censured in the Castle-Chamber in the mutilation of Members or any other Brand of Infamy otherwise or in other Cases then is expresly limited by the Statutes of this Realm in such cases provided 18. In the Censures of the Castle-Chamber especially regard ought to be had to the words of the great Charter viz. Salvo contenemento c. 19. A Felon who flies the course of Justice and lieth in VVoods Mountains or elsewhere upon his keeping is no Traytor and a Proclamation cannot make him a Traytor 20. The Testimony of convicted or protected Rebels Traytors Felons is no sufficient evidence in Law upon the Trial of any person for his life And the credit of the Testimonie of persons accused or impeached and not convicted of Felony or Treason ought to be left to the Jury who are sole Judges of the truth and validity of the said Testimony 21. The King grants Lands to be held in free and Common Soccage as of a Castle or Mannor by Letters Patents under the great Seal and by the same Letters Patents or by other Letters Patents grants a Fair and Market reserving a yearly Rent or sum without expressing any Tenure as to the said Fair or Market the said Fair or Market is not held by Knights-Service in Capite or otherwise in Capite FITZ GERALD's Edict manifesting the Cause of his Rebellion relating to fol 15. Edictum Illustrissimi Domini Jacobi Geraldini de Justitia ejus Belli quod Hibernia pro fide gerit SI ut bellum aliquod justè geratur tria requiruntur Causa Justa Potestas Legitima Legitimus belli administrandi Modus Haec tria in hoc Bello concurrere jam planum fiet Causa enim hujus belli est dei Gloria Cui externum Sacrificii cultum visibilem Sancti Altaris honorem ab Haereticis impiè ablatum nos restituendum curamus Gloria item Christi Cujus Sacramenta gratiam conferre cum Haeretici blasphemè negent Christi Evangelium ejusdem infirmitatis accusant ob quam lex reprobata fuit Gloria item Ecclesiae Catholicae quam contra Scripturarum veritatem Haeretici aliquot saeculis obscuram mundo ignotam fuisse mentiuntur At in Dei Nomine per Christi Sacramenta sanctificando
them 6. Pro. That the late Officers taken or found upon feigned or old Titles since the year 1634 to intitle Your Majestie to several Counties in Connaght Thornond the County of Typperary Limrick and Kelkenny and Wicklowe be vacated and taken off the File and the possessors thereof setled and secure in their ancient Estates by act of Parliament and that the like Act of limitation of Your Majesties Titles for the security of the Estates of your Subjects in that Kingdom be passed in that Parliament as was Enacted in the 21. year of his late Majesties Raign in this Kingdom Answ. VVe know not of any Offices found or feigned Titles nor what the Confederates may demand in respect of any graces promised by your Majesty which we intend not nor have any occasion to dispute but do humbly conceive that all those who have committed Treason in the late Rebellion subsequent to your Majesties promise of those Graces have thereby forfeited the benefit thereof together with the Lands to which the said Graces might else have related and so their whole Estates are now justly fallen to your Majesty by their Rebellion which we conceive is of great importance for your Majesties service to be taken into consideration as First with regard of the Statutes made in the present Parliament of England Secondly That necessary increase of your Majesties Revenue decayed by the present Rebellion Thirdly The abolishing the evil Customs of the Irish and preservation of Religion Laws and Government there Fourthly The satisfaction of the Protestant Subjects losses in some measure Fifthly The Arrears of your Majesties Army and other debts contracted for the War and for preservation of that Kingdom to your Majesty Sixthly The bringing in of more Brittish on the Plantation Seventhly The building of some walled-Towns in remote and desolate places for the security of that Kingdom and your Maiesties good Subjects there Eightly The taking of the Natives from their former dependency on their Chieftains who usurped an absolute Power over them to the dimunition of all Regal Power and to the oppression of the inferiors 7. Pro. That all marks of incapacity imposed upon the Natives of that Kingdom to purchase or acquire Lands Leases Offices or Hereditaments be taken away by Act of Parliament and the same to extend to the securing of Purchases Leases or Grants already made and that for the Education of Youth an Act be passed in the next Parliament for the erecting of one or more Inns of Court Universities Free and Common-Schools Answ. This we conceive concerneth some of the late Plantations and no other part of that Kingdom and that the restriction herein mentioned is found to be of great use especially for the indifferency of Tryals strength of the Government and for Trade and Traffick and we humbly conceive that if other Plantations shall not proceed for the setling and securing of the Kingdom and that if no restraint be made of Popish purchasing or buying of the Protestants out of their former Plantations where they were prudently settled though now cast out of their Estates by the late Rebellion and unable to Plant the same again for want of means and therefore probably upon easy terms will part from their Estates to the Confederates that those Plantations will be destroyed to the great prejudice of your Majesties Service and endangering of the safety of that Kingdom Touching bearing of Offices we humbly conceive that their now conformity to the Laws and Statutes of that Realm is the only mark of incapacity imposed upon them we humbly conceive that they ought not to expect to be more capable there then the English Natives are here in England in like case for Schools in Ireland there are divers setled in that Kingdom already by the Laws and Statutes of that Realm if any person well affected shall erect and endow any more Schools there at their own charges so that the School-master and Scholars may be governed according to Laws Customs and Orders of England and the rest of Free-Schools here we cannot apprehend any just exception thereunto but touching Universities and Inns of Court we humbly conceive that this part of the proposition savoureth of some desire to become Independant upon England or to make aspersion on the Religion and Laws of the Kingdom which can never be truely happy but in the good unity of both in the true Protestant Religion and in the Laws of England for as for matter of charge such of the Natives that are desirous to breed their Sons for Learning in Divinity can be well content to send them to the Universities of Lovane Doway and other Popish places in forreign Kingdoms and for Civil Law or Physick to Padua and other places which draws great Treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambrige where they might as cheaply be bred up and become as Learned which course we conceive is holden out of their Pride and disaffection towards this Kingdom and the true Religion here professed and for the Laws of the Land which are for the Common Law agreeable to England and so for the greatest part of the Statutes the Inns of Court in England are sufficient and the Protestants come thither without grudging and that is a means to civilize them after the English customs to make them familiar and in love with the Language and Nation to preserve Law in the Purity when the Professors of it shall draw from one Original Fountain and see the manner of the Practice of that in the same great Channel where his Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in that place of their principal instruction where their foundations in Learning are to be laid a degenerate corruption in Religion and Justice may haply be introduced and spread with much more difficulty to be corrected and restrained afterwards by any Discipline to be used in Ireland or punishment there to be inflicted for departing from the true grounds of things which are best preserved in unity when they grow out of the same root then if such Universities and Inns of Court as are proposed should be granted all which we humbly submit to your Majesties most Pious and Prudent consideration and judgment 8. Pro. That the Offices and Places of Command Honour Profit and Trust within that Kngdom be conferred upon Roman Catholicks Natives in equality and indifferency with your Majesties other Subjects Answ. We humbly conceive that the Roman Catholicks Natives of Ireland may have the like Offices and Places as the Roman Catholicks Natives of England here have and not otherwise howbeit we conceive that in the generality they haye not deserved so much by their late Rebellion therefore we see not why they should be endowed with any new or farther capacities or priviledges then they have by the Laws and Statutes now in force in that Kingdom 9. Pro. That the insupportable Oppression
of your Subjects by reason of the Court of Wards and respit of Homage be taken away and certain revenue in Lieu thereof setled upon your Majesty without diminution of your Majesties profits Answ. We know of no Oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for the raising of your Majesties Revenues the preservation of your Majesties Tenures and chiefly the Education of the Gentry in the Protestant Religion and in Civility and Learning and good Manners who otherwise would be brought up in ignorance and barbarism their Estates be ruined by their Kindred and Friends and continue their depending upon their Chieftains and Lords to the great prejudice of your Majesties service and Protestant Subjects and there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be pressed unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerns respit of Homage we humbly conceive that reasonable that some way may be settled for that if that standeth with your Majesties good pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Pro. That no Lord not estated in the Kingdom or estated and not resident shall have Vote in the said Parliament by Proxie or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdom Answ. We humbly conceive that in the year 1641. by the Graces which your Majesty then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limiting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more Proxies then two and prescribing the Peers of that Kingdom not there resident to purchase fitting proportions of Land in Ireland within five years from the last of July 1641. or else to loose their Votes till they should make such purchases which purchases by reason of the troubles hapning in the Kingdom and which have continued for two years and a half have not peradventure yet been made and therefore your Majesty may now be pleased and may take just occasion to enlarge that time for five years more from the time when that Kingdom may again be settled in a happy firm peace and as to members of the House of Commons the same is most fit as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom 11. Pro. That an Act be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of it self independant of and not subordinate to the Parliament of England and that the Subjects of Ireland are immediately subject to your Majesty as in right of your revenue and that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independant and no way to be ordered or concluded by the Parliament of England and are only to be ordered and governed within that Kingdom by your Majesty and such Governours as are or shall be there appointed and by the Parliament of that Kingdom according to the Laws of the Land Answ. This Proposition concerns your Majesties High Court of Parliament both of England and Ireland and is beyond our abilities who are not acquainted with the Records and Presidents of this Nature to give an answer thereunto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Pro. That the assumed Power or Jurisdiction in the Council-Board of determining all manner of Causes be limited to matters of State and all Patents Estates and Grants illegally and extrajudiciously avoided there or elsewhere be left in state as before and the parties grieved their Heirs or Assigns till legal eviction Answ. The Council-Table hath aways excercised Jursdiction in some cases ever since the English Government was setled in that Kingdom and is of long continuance in cases of some Nature as the beginning thereof appeareth not which seemeth to be by prescription and hath always been armed with Power to examin upon Oath as a Court of Justice or in the nature of a Court of Justice in cases of some natures and may be very necessary still in many cases especially for the present till your Majesties Laws may more generally be received in that Kingdom and we conceive that Board is so well limited by printed Instructions in your Majesties Royal Fathers time and by your Majesties Graces in the seventeenth year of your Reign that it needeth for this present little or no regulating at all howbeit they humbly referr that to your Majesties great wisdom and goodness to do therein as to Law and Justice shall appertain 13. Pro. That the Statutes of the 11th 12th and 13th years of Queen Elizabeth concerning the Staple Commodities be repealed referving to his Majesty lawful and just Poundage and a Book of Rates be setled by an indifferent Committy of both Houses for all Comodities Answ. The matter of this Proposition is settled in a fitting and good way by your Majesty already as we conceive amongst the Graces granted by your Majesty to your people of Ireland in the Seventeenth year of your Majesties Reign to which we humbly referr our selves 14. Pro. That insomuch as the long continuance of the chief Governour or Governours of that Kingdom in that place of so great eminency and power hath been a principall occasion that much Tyranny and Oppression hath been used and exercised upon the Subjects of that Kingdom that your Majesty will be pleased to continue such Governours hereafter but for three years and that none once employed therein be appointed for the same again until the expiration of six years next after the end of the first three years and that an Act pass to disanul such Governour or Governours during their Government directly or indirectly in Use Trust or otherwise to make any manner of Purchase or acquisition of any Mannors Lands Tenements or Hereditaments within that Kingdom other then from your Majesties own Heirs and Successors Answ. We humbly conceive that this Proposition tendeth to lay a false and scandalous aspersion on your Majesties gracious Government over Ireland and that it toucheth very high upon your Wisdom Justice and Power and under colour of supposed Corruptions pretended to be in the greatest Officer that Commandeth under your Majesty there if he continue so long in his Government as may well enable him to find out and discover the true State of the Kingdom and the dangerous disposition and designs of the Popish party there to prevent him therein and to turne him out from doing Service before or as soon as he is throughly informed and experienced how to do the same and then to hold him excluded so long
restored to but by the love of his People without the chargeable and many times dangerous assistance of Strangers who are not over-tender nor much distinguishing betwixt the party they come to assist and that they come to subdue when they are made Umpires in such Quarrels for they rarely employ their Auxiliary Treasure and Blood purely out of Generosity and Justice which may in Romance be found the ultimate end of such Assistance but seldom in the truth of History Here it may be observed that if the revolt and deviation of our Nations from their KING and from Monarchy it self was the most unreasonable and prodigious that any Age hath known their voluntary uncompelled Return to both is as much without Example nor indeed could that Return have been so miraculous if the Revolt had not been so prodigious And it may also be worth the observing that as the first most bloody Eruption from Peace to Rebellion took birth in this Kingdom so from hence came the first Overtures to Peace and Submission By and with the Kings deliverance and Restitution our Church is delivered from Contempt Sacriledge and Desolation and restored to a due veneration a competent improving support and to fair beginnings of Decency and Order Our Laws are delivered from corrupt incompetent Interpreters from monstrous unnatural expositions and applications and Justice is restored to the distribution of upright learned lawfully sworn and authorized Judges The noblest Acts of Loyaltie shall now no more receive the judgment due to the foulest Treason due to the unrighteous Judges that pronounced it without Authority in the Persons or Justice in the Sentence High Courts of Justice shall no more usurp that name nor our Benches be crouded or oppressed with the throng and wicked weight of those that ought rather to have stood manacled at the Bar. A happy change to those for whose destruction those extravagant Tribunals were erected and a secure change to all for it hath been often an observed Method in God's never-failing Justice to catch Cruelty and Oppression in those very snares they had prepared for others All Men are delivered from the intanglements of two-edged Oaths from the conflicts raised by them in Mens Brests betwixt Conscience and conveniency betwixt the prostitution of Conscience and the ruine of their Fortunes than which a harder a more Tyrannical choice cannot be obtruded upon Christians For here the election was not Swear thus against your Conscience or you shall have no part in the Civil Government no Office in the Army no Benefice in the Church but Swear thus or you shall have no House to put your Headin no Bread to sustain your selves your Wives and Children To conclude these Observations who is not delivered from some Oppression and restored to some Advantage Even those that shall lose the wages of iniquitie their ill-got possessions shall be delivered from the oppression of a bad and if they have any shall be restored to a good Conscience if they have none they were not in the Kings and I hope will not be in Your care Those that shall be kept out of their ancient Estates the Inheritance of their Fathers through the defect of their Qualifications and by the All-disposing Providence of God who was not pleased to make them active Instruments in this Happy Change are delivered from Tyrannous Confinements causeless Imprisonments and a continual fear of their lives The good Land lies afore them their industry is at Liberty and they are restored to the freedom of Subjects and protection of the Laws If an irish Papist be opprest they shall relieve him if the blood of the meanest of them be shed it shall be strictly enquired after Let this state be compared with that they were in before the King's Restitution and it will be found the greatest loser has got something by it As it is our duty thus thankfully to commemorate these great things done for us so it is our duty to endeavour in our several Stations to improve and secure them to Our selves and Our Posterity And sure the most Natural way to that end is to call to mind and avoid those Errours that brought us into those miseries from which we are redeemed Many are the causes too boldly assigned for the Calamities these Nations so long laboured under But in such Inquisitions the verdict is seldom impartially brought in the Jury are too often the Criminals But I think I may safely say that one and that a fundamental cause was that the late King was maliciously represented to the People I am sure the Freedom Peace Plenty and Happinesses they were told they should enjoy without him proved miserable and fatal delusions Let us mistrust those that shall use the same Arts lest they involve us in the same misery and let us judge of the King's intentions to His People by His Publique Acts of grace and bounty by His mild and easy Government by His desire and endeavours to make His Subjects happy at home and renowned abroad and by the reluctancy of His Nature to just severity when the wickedness or frenzy of the worst Offendors extort it from him That something will be amiss in the Administration of the most perfect Government in this World must be expected but whoever shall think that these things are to be rectified by force upon the Government and that effected proposes to acquiesce and return to Obedience cannot know himself so well as to be sure that Opportunity and success may not suggest more inordinate Appetites to him And there are those alive that know how far further than their first intention the Reformers of our times were led on till the unwarrantable force they had raised grew too strong for their Management flew in their faces and in conclusion acted those villanies that I dare say their Souls abhorred but neither their Policy or Power could restrain VVe have had sad experience and let us be the wiser for it in how short a time in how few days the industry of many years nay of an Age may be destroyed and laid waste when Rage and Rapine are let loose If once Sedition grow too strong for the Law and Rebellion for the Magistrate so that the Law is silenced or the language of it corrupted or invented and the Magistrate removed as burthensom and unnecessary let us remember what variety of misery and mischief is brought upon the people how unsupportable their sufferings are and how Intolerable their fears of suffering they know not what more by whom or how long Let the people remember how many and how chargeable their Masters nay how many and chargeable the changes of their Masters were when once they foolishly affected the misery indeed the impossibility of having none VVhen Misrepresentations had taken place and root in the minds of the people their heart grew narrow and barren towards the King those that soon after rob'd them both perswading them to keep their purses full for them to empty This close
yet the Massacres continued fol. 30 Sir Charles Coot Senior Governour of Dublin fol. 27 his success in Wickle fol. 38 vindicated from the Rebels aspersions fol. 41 beats the Enemy from Clantarf fol. 43 Swords fol. 52 with the Lord Lisle relieves the Lady Offalia fol. 78 takes Trim ibid. is killed ibid. After whose death much was not attempted till the Battle of Ross where the Gallantry of the English and the Life of their General wonderfully appeared fol. 80 Sir Charles Coot Junior prospers against Con ORourk c. in Connaght fol. 50 beats the Rebels in Connaght fol. 76 relieves Athlone ibid. his good Service in Connaght fol. 146 his Reply to the Presbytery at Belfast fol. 207 208 censured for complying with Owen O Neil fol. 217 takes Colrain fol. 218 besieges Carickfergus ibid. routs the Scots in Ulster fol. 229 beats the Marquiss of Clanrickard fol. 284 defeats a Party of Fitz. Patricks and Odwyrs forces fol. 300 streightens Gallway fol. 301 has it delivered to him ibid. impeaches several fol. 316 his and other Officers memorable Declaration ibid. Captain Richard Coot's Service in Connaught fol. 120 Lord Costiloe presents to the State the Longford Letter fol. 34 goes for England ibid. The Covenant or Solemn League disown'd fol. 141 The Supream Councels insolent Letter to the Lords Justices fol. 120 Letter touching the Scots fol. 137 to the Pope touching the Nuncio fol. 154 Col. Crafford beats the Enemy from Finglass fol. 43 his good Service at Kilrush fol. 75 his Service at Monaster even with 1300 foot not 13000 fol. 112 against those who alarm'd Dublin fol. 128 Cromwell appointed the Parliaments Lord Lieutenant in Ireland fol. 209 lands at Dublin fol. 222 storms Tredath fol. 223 takes Trim ibid. Carlingford ibid. Newry ibid. returns to Dublin fol. 225 takes Wexford c. ibid. his Assurance that Mass was not to be allow'd in the Parliaments Quarters fol. 226 takes Ross fol. 227 is beaten from Waterford fol. 229 goes to Dungarvan having taken Passage-Fort fol. 230 begins the Campaign fol. 239 takes Clonmel ibid. disturbs the-Rebels Councel in VVestmeath ibid. is summoned into England fol. 241 to be pray'd for not the King by Popish Injunction ibid. Henry Cromwell goes for Ireland fol. 316 indulges Learning fol. 316 is well accepted fol. 316 yields up all to Steel fol. 316 leaves Ireland fol. 316 The Rise of Custodiums fol. 98 D AN Abbreviate of the Parliaments Declaration of the miserable condition of Ireland fol. 124 The Lord Dillon one of the Lord Justices soon displaced fol. 6 Dowdall's Deposition touching the union of the Pale and the Northern Rebels fol. 39 Dundalk recovered by the English fol. 67 The Lady Dowdall's magnanimous defence of Kilfinny-Castle fol. 87 E UPon Edge-hill fight the Supplies for Ireland fail'd fol. 103 By what means the English proceeded in the Warr from 89 to 92 Ever mac Mahon discovers to the Lord Deputy VVentworth a Plot fol. 2 Exceptions taken against the Irish Commissioners Title and Cause fol. 126 The Excommunication against the Marquiss of Ormond why suspended fol. 268 The Clergy's Excommunication not forcible against the Commons resolve to deliver Limerick to Ireton fol. 295 F FAnning displaces the Maior of Waterford and by the Rebels is made Maior fol. 161 is countenanced by the Nuncio ibid. The Lord Forbes against Gallway fol. 82 Forces going to strengthen Tredath beaten at Gellingston-bridge fol. 37 Under Col. Venables Hnnks and Reynolds land at Dublin fol. 218 A Fast Proclaimed fol. 38 by the King's Order the 8th of Jan. fol. 54 to be observed Monthly fol. 77 Fitz-Gerald Edict stating his Cause App. 8 The Anniversary Form of Prayer for the 23 of Octob. App. 88 The Fate of those who had egregiously fail'd in their Duty to the King in Limerick fol. 300 Fleetwood goes for Ireland fol. 302 encourages the Sectarians fol. 315 Col. Flower 's Regiment reduced fol. 180 disbanded 225 sent Prisoner to Chester fol. 195 G GAlbreth gives security being found to have made fictitious Matters fol. 152 The Garrisons in Munster revolt to the Parliament fol. 228 Geoghehan's Insolency against the State fol. 293 Gibson takes Carickmam fol. 73 goes into VVickloe fol. 83 Glamorgan's Agency with the Rebels disown'd fol. 145 Gormanston General of the Pale fol. 42 Defects of Government happily correed though Carue in his Annals of Ireland p. 389. will have it that the King promoted One in Ireland Ex mero odio in hibernos ad tantam honoris amplitudinem an Expression like himself The Person having been entire to his Principles and Allegiance fol. 16 18 Several Graces vouchsafed to the Irish fol. 6 Sir Richard Greenvile's good Service in Kilrush Battle fol. 75 at Raconnel fol. 105 Ross fol. 109 H SIr Frederick Hamilton's Service at Mannor Hamilton fol. 88 Ensign Hammond first enters Carrickmain fol. 73 Sir Simon Harcourt arrives at Dublin fol. 52 his Expedition into VVickloe fol. 72 death at Carrickmain fol. 73 The Herauld at Arms barbarously used at Limerick fol. 160 King Henry the Eighth's Censure of the Popish Clergy fol. 301 A High Court of Justice erected in Ireland fol. 303 where first instituted fol. 304 cut not off above two hundred Persons fol. 315 I JEalousies arise in the Lord Lieutenants Army when the Munster Garrisons are delivered up to Cromwell fol. 228 The L. Inchequin appointed President of Munster fol. 89 his carriage at the Battle of Lisâ—arrel ibid. and the Munster Forces withstand the Gessation fol. 146 his Letter and Declaration to 150 revolt to the Parl. how taken fol. 151 articled against fol. 168 his good Service at Knocknones fol. 187 Letter to the Speaker fol. 188 joyns with the Marquiss of Ormond fol. 190 his Cessation with the Irish fol. 209 Attempts to bring over Jones fol. 209 beats a Party of Jones's Horse fol. 213 routs Col. Chidley Coot ibid. takes Tredagh fol. 214 beats Farrall fol. 215 takes Dundalk ibid. Trim fol. 217 suspecting Cromwell would land in Munster went there fol. 219 is address'd to by the Irish as One acceptable to his Country fol. 245 leaves Ireland fol. 278 his character fol. 278 Instruments of State not to be censured by every Capacity fol. 3 Intermission of Legal Proceedings against the Papists the cause of the Irish Insolencies fol. 1 Quo tempore Carolus VValliae Princeps in Hispania immorabatur omnes Religiosi Ordinis Pontificiae Religionis sibi domicilia pro divino Cultu celebrando Extruxêrunt quae tamen postmodum jussu Regis Vice-comes Faulkland tum Hiberniae Prorex in Coronae profanos usus convertit So belches Carue in his Annals of Ireland fol. 318 Col. Mich. Jones arrives at Dublin fol. 180 is made Governour thereof and Commander of the Lemster Forces ibid. beaten by Preston fol. 186 gains the Battle at Dungan-hill ibid. his good Service with Monk fol. 187 fortifies Dublin fol. 195 sends several suspected into England ibid. his Answer to the L. Lieutenants Letter fol. 209 L. Inchequin's Letter ibid.
Nettervile and others assemble at Swords fol. 41 Some of the Nobility desire the King to compose Extreams betwixt the Protestants and Confederates fol. 145 The Northern Scotch Forces refuse to aid ours in Lemster fol. 83 The Nuncio arrives in Ireland fol. 153 his exorbitant carriage fol. 161 besieges Dublin fol. 162 166 forbids those delegated to treat with the Lord Lieutenant about the Peace to proceed on censure of Excommunication fol. 163 his Excommunication fol. 165 is persued by the Confederates to Gallway fol. 190 a Narrative of his insolent carriage in Ireland fol. 191 his Answer to it from fol. 192 to 194 Summons a National Synod fol. 190 Quits the Kingdom ibid. O THe Oath of Association with several Acts depending thereupon fol. 95 to 98 of the Confederates against the Nuncio App. 99 against the Peace of 1646. taken by the Officers in Tredagh fol. 62 Owen O Conally's Examination fol. 20 sent to the Parliament with Letters fol. 27 rewarded fol. 36 slain fol. 225 The Lady Offalia's generous carriage against the Rebels fol. 77 Certain Officers out of Ireland their Address to the King fol. 112 receive his Answer fol. 113 Offers made to the Parliament disown'd by Inchiquin fol. 196 Sir Phelim O Neil's cruelties in the North for his Repulse at Tredagh fol. 68 besieges Charlemont fol. 28 present at Loghress when the Plot was determin'd fol. 24 approaches Lisnegarvy fol. 38 besieges Tredagh fol. 59 is beaten near Raphoe fol. 83 assists Clanrickard fol. 302 his Trial at the High Court of Justice fol. 304 hang'd drawn and quarter'd fol. 327 his character ibid. Daniel O Neil moves his Excellency to come with an Army into England fol. 152 sent by his Excellency to win over his Uncle fol. 227 Owen O Neil endeavours to surprize the Lord Lieutenant fol. 161 his Declaration for the Catholick Religion King c. fol. 194 persued by the Confederates retires to the great Towns fol. 190 endeavouring to relieve Port-Falkland worsted fol. 196 offers to be entertain'd by the Parliament ibid. falls upon Clanrickard's Party fol. 201 and the Parliaments party agree fol. 214 his Service in relieving Londonderry fol. 217 agrees with the Lord Lieutenant but before he brought his Forces to him dies fol. 228 The Order of Parliament of England concerning Ireland fol. 36 The Earl of Ormond made Lieutenant General of the Army fol. 37 visits Tredagh fol. 67 Gallantry at Kilrush fol. 75 The Marquiss of Ormond's Expedition to Ross fol. 108 just Edict against plundering fol. 111 unwillingness to yield to the Rebels unjust demands fol. 153 concludes the Peace 1646. fol. 155 Lord Lieutenant goes to Kilkenny fol. 159 besieged by the Nuncio in Dublin fol. 167 makes a shew to deliver the City to the Parliament ibid. forced to return to Dublin fol. 172 his Reason for his delivery up of his Power to the Parliament fol. 177 hath the King's concession fol. 179 delivers up Dublin fol. 183 goes into England ibid. has free access to the King fol. 184 is suspected by the Army fol. 185 Meditates to return to Ireland fol. 189 lands in Ireland fol. 197 his Declaration then ibid. Letters to the Councel of Kilkenny fol. 200 is congratulated by the Supream Councel ibid. concludes the Peace 1648. fol. 202 his Speech then ibid. endeavours to win Jones to his Party fol. 209 his Difficulty in forming his Army fol. 211 Marches towards Dublin fol. 212 appears before Dublin fol. 213 his Declaration touching affairs in Ulster fol. 215 blocks up Dublin fol. 218 after Rathmines defeat retires to Kilkenny fol. 222 not obey'd by the principal Towns fol. 224 intends to fight Cromwel fol. 226 uses means to bring in Owen O Neil fol. 227 his endeavour to impede Cromwell's return to Dublin fol. 230 his Gallantry in relieving such who intended to surprize Passage fol. 231 denied leave to hut his men under Waterford fol. 232 gives the King an Account of the Affairs in Ireland ibid. demonstrates to the Commissioners of Trust his ill usage fol. 233 receives the Grievances of the Deputies of the Counties fol. 239 goes to Limerick ibid. Summons the Romish Bishops thither fol. 242 Conference with them ibid. receives not outward Civility there fol. 243 calls an Assembly at Loghreogh its Effects ibid. 244 another Assembly at Loghreogh fol. 245 is addressed to by them fol. 246 Answer worthy himself fol. 247 248 Proposals to be received into Limerick fol. 251 is ill used by the Maior of that Town fol. 252 his Commission to the Bishop of Clogher on O Neils death ibid. Resentment of the Bishops voluntary meeting at Jamestown fol. 257 Answer to the Bishops Declaration at James-town fol. 261 clears himself of their Accusation from 261 to 267 Declaration upon the Confederates Resentment of the Declaration made in Scotland against the Peace 1648 fol. 269 272 is affronted by the Guard at Gallway fol. 273 his reply to the Confederates reasons for the removal of his Authority in him from 273 to 277 Deputes Clanrickard Deputy fol. 278 departs the Kingdom ibid. P THe Papists ready to contribute that a toleration might ensue fol. 1 of the Pale equasly involv'd in the Conspiracy fol. 41 countenanced the Robberies c. at Clantarf and Skerries fol. 43 join to infest Dublin ibid. after the Relief of Tredagh offer to come in fol. 66 rejected and why ib. Petition sent to the King fol. 112 The Parliament at Dublin why called fol. 3 meets fol. 32 prorogued fol. 35 's of Ireland Declaration to the Parliament of England fol. 178 Remonstrance to the Lord Lieutenant fol. 182 of England declares all Traitors who deserted the Service of Ireland fol. 223 A Parliament summon'd at Dublin fol. 319 under the Precedency of Sir Maurice Eustace and the Earl of Orrery Lords Justices and continued under the Duke of Ormond its Acts fol. 320 Sir William Parsons Lord Justice fol. 6 accused of misdemeanors fol. 123 Amiscreant Party no true Protestant ever justly charg'd with the King's Murther fol. 304 The Peace of 1646. concluded fol. 155 's Articles fol. 156 as necessary as the Cessation fol. 159 disclaim'd at Waterford fol. 160 1648. concluded fol. 204 's Articles fol. 205 refused by O Neil Antrim and the Scots fol. 206 The Peoples devotion to the Clergy fol. 267 Pope Urban the Eighth's Bull fol. 135 Indulgence to Owen Roe fol. 136 Milo Power 's good Service to the Lord Lieutenant fol. 231 The Presbytery at Belfast endeavour to draw Sir Charles Coot to their Party fol. 207 The President of Connaght esteem'd remiss fol. 101 Preston and O Neil's Letter and Demands to the L. Lieutenant fol. 166 beats Jones fol. 186 A Proclamation by the Lord Falkland against the Popish Clergy fol. 1 discovering the Plot fol. 22 forbidding strangers the City fol. 28 publishing the King's detestation of the Rebellion fol. 30 against people flocking to the City fol. 32 prizing Corn fol. 48 against Pillagers ibid. prohibiting the Souldiers to return to England