preceded their Declaration And if either his Majesty had refused them Hearing and Justice or if We had not submitted to his Determination there had been some colour for their proceeding as they did In the last part of their Conclusion they prepare the People with an Apology of the desperate State the Kingdom is left in by Us to bear the more patiently the utter loss of it under the Government they would set up and with a touch indeed of Episcopal Counsel to amend their Lives and depend upon God's Providence and Protection they dismiss them wherein what Example they have given Them We leave to the Judgment of God the Searcher of Hearts and the impartial Judg of the Thoughts and Actions of Men. In the Order attested by the Bishop of Clonfert for publication of the Excommunication which publication was made at Loghreagh the 15th of September it is expressed That the Order given to the Committee of Bishops at Galloway by the Congregation at James-Town was That in Case We would not depart the Kingdom upon their Advice and depute the King's Authority with Persons of Trust or that We denied to depart the Kingdom and no demonstration could be made how the Kingdom could be preserved under Our Government that then the said Declaration should be published It is further expressed in the said Order That We being solicited to the effect aforesaid with urgent Reasons absolutely denied to consent thereunto and that We neither did nor could demonstrate unto them any way of preserving the remainder of the Kingdom under Our Government and therefore according to the Trust reposed in them by the said Congregation they did publish the said Declaration denouncing to all Arch-bishops Bishops c. This is all We observe in this Order of Publication more than is contained in the Declaration at James-Town What We have to answer in this Order for Publication is breifly this They held it fit We should quit the Kingdom and depute the King's Authority with some Person or Persons of Trust that is pleasing to them We refuse so to do upon their Advice giving them some Reasons why We refuse and promising them more if they would at a free Conference hear them For not following this Advice without refuting the Reasons We gave for Our not going and without hearing or so much as asking what other Reasons those were which We were unwilling to write and yet would tell them at a free Conference by which Caution they might imagine they were of Moment they proceeded to their Declaration and Excommunication Here though We have formerly touched it let it be observed That having several Times and upon several Occasions offered to leave the Kingdom and to depute the King's Authority not to disparage the Nation with the * Clanrickard only Person in all respects fit for it and a Roman-Catholick this was not accepted of but We are made believe the Lord of Inchiquin being removed from any Charge of the Army and the Protestant Party gone there remained no further distrust or dislike of US and that then all Obedience would be given Us. All this and whatsoever else they advised being done on Our part Our Frigat which lay in Ire-Connaught whence We might have securely gone being sent away and the Harbours blocked up by the Rebels Ships they impose upon Us to effect an Impossibility namely to go out of the Kingdom without means of Transportation or else as far as in them lies We are rendred infamous throughout the World and to all Ages by their defamatory Libel Whatever Our Demerit had been and if We were the faithless the negligent the every-way unworthy Person they have described Us to be certainly they cannot free themselves from the guilt of so mean and base a Treachery Let it be next considered That if when a Company of Bishops or a Congregation of Arch-Bishops Bishops c. have a mind to set up themselves or any others as Governours over the Kingdom and this Power they assume at least in the interval of Assemblies and have now twice practised it and the Governor appointed by Royal Authority or when that is absent which should never be supposed by a just Representative of the Nation will not give them room by quitting the Government he is placed in at their desire without direction from the Power whence he derives his Authority or without unavoidable Necessity inforcing him if we say for his not doing a thing so contrary to the Trust reposed in him to the Sense of those intrusted by the People as the Commissioners of Trust were and contrary to the Sense of the most interested Persons of the Kingdom the foresaid Company of Bishops or Congregation may therefore with impunity deliver all Men to Satan that shall feed help or adhere to him It is in this Case easy to discover that such Bishops ☜ or a Congregation thus doing do aim at and will if so permitted easily compass the Supream Temporal Power If it be said they only do it upon evident Necessity for the preservation of the People in apparent Hazard of being lost and that in this Case only of so absolute necessity they pretend to such Power and when informed or convinced will lay it down to the King or Assembly We believe no King or State careful of their own preservation will allow they have this Power even in this Case For instance If the Bishops or Congregation of both Clergies of the Kingdom of Naples or of any Signiory under the State of Venice should pretend to a Power upon any Necessity whatsoever whereof the said Bishops and Congregation to be Judges of discharging the Subjects of the King of Spain from obeying the Vice-Roy of Naples or the Subjects of any Signiory under the State of Venice from obeying the Governor of any such Signlory appointed by the State directing them in the mean time to observe and obey such Form of Government as the said Congregation should prescribe till it should be otherwise ordered by the said King or State We suppose it would not pass for Orthodox Doctrine in that Roman-Catholick Kingdom or State that a Congregation is qualified with such Power Nor would the Necessity of their so doing nor yet the Sanctity of their Function or Persons protect them from severe Punishment That our King's Prerogative in that particular is as great in this Kingdom as the King of Spain's in Naples or that of the State of Venice in any Signiory of theirs it is Treason to deny as it is to affirm that in this Particular such a Congregation here hath more Authority than a like Congregation in that Kingdom or State But these Men have not only in this Case exceeded whatever at any time or in any place was pretended to by any of their Function but had less ground if less might be for such a Pretension than any others For here in a Solemn Assembly of the Nation a Peace was concluded most of the Bishops
to raise a Monarchy for himself Whereupon he was recalled and the Government committed unto John Constable of Cheshire May 1181. Baron of Halton-Castle and Richard de Peach Lord Bishop of Coventry Lords Justices of Ireland But they continued in that Dignity but three Months for Lacy behaved himself with that Discretion and Modesty and gave the King such Satisfaction in all Matters objected against him That Hugh de Lacy August 1181. Lord Justice was again sent over with Robert of Shrewsbury a Clergy-man his Assistant and about the same time the famous Courcy also returned being Dignified with the Titles of Lord of Connaught and Earl of Vlster and accompanied with his Brother S. Laurence There were some who reported That these two fought a successful Battle with the Irish Brady 367. at the Bridge of Ivora near the Hill of Hoath where the Valour of S. Laurence was so conspicuous that it got him both the Land and Title of Hoath which last continues to this Day in his Name and Family We left Cogan and Fitz-Stephens in the peaceable Enjoyment of their Kingdom of Cork but we shall not find them so for Cogan and young Fitz-Stephens at the Persuasion and Invitation of one Mac Tirid made a Journey to Lismore to treat with the Men of Waterford about some Controversies that were between them they were to lodge at Mac Tirid's House but he perfidiously took his Opportunity and unexpectedly fell upon them and murdered them and five of their Company Immediately the whole Country was up in Arms and conspired a general Rebellion Donald More in Curraugh Mac Carthy whom the Irish still called King of Cork got his Forces together and laid Siege to the City not doubting but that he had now a favourable Opportunity to expel the English thence The Poor Old Fitz-Stephens was in a sad Condition distressed by Enemies without and Suspicions of Traytors within he had no Hopes of Relief or Assistance saving only from Reymond le Gross who lay at Wexford to him a Messenger was sent and without Delay put to Sea with twenty Gentlemen and one hundred Archers and entred the River of Cork whereupon the Enemy dispersed and all was set at Rights again Nevertheless as soon as the King heard of the aforesaid Treachery he sent Richard Cogan Philip Barry Giraldus Cambrensis and a Good Party of Horse and Foot to help Fitz-Stephens by their Assistance the City and Kingdom of Cork were kept in Quiet for some Time but the Old Fitz-Stephens had but little Benefit of it for being much broken with Age and Misfortunes he first lost his Senses and not long afterwards his Life But Lacy the Lord Justice was again become suspected for as he grew Great his Enemies grew Envious and the King Jealous so that he was once more sent for and Philip of Worcester September 1184. Lord Justice or Governour of Ireland came over with a smart Party of Horse and Foot he also brought with him Hugh Tirrel a Man of ill Report He was not long in the Government before he seized on the Lands of O Cathesie to the King's Use though Lacy had formerly sold them He also went a Circuit to visit the Garisons and in March came to Armagh where he exacted from the Clergy a great Sum of Mony thence he went to Down and so to Dublin loaden both with Curses and Extortions Tirrel took a Brewing-Pan from the poor Priests at Armagh and carried it to Down but the House where he lay was burnt and so were also the Horses in the Stable so that he was fain to leave the Pan for want of Carriage and Philip had a severe fit of the Gripes like to cost him his Life both which Punishments they say were miraculously inflicted upon them for their Sacrilege In July came over John Comin Archbishop of Dublin to prepare for the King 's youngest Son John Earl of Moreton to whom the Kingdom of Ireland was assigned towards his Portion Brady 369. Some say that he was made King of Ireland at the Parliament held at Oxford 4 Inst 360. anno 1177. his Father having obtained Licence from the Pope to make which of his Sons he pleased King thereof saving to the See of Rome the Peter-pence and the rest of its Rights And it seems Pope Vrban the Third sent Cardinal Octavianus and Hugo de Nunant his Legates to crown John King of Ireland and by them sent him a Crown of Peacocks Feathers But King Henry better considered of that matter and either because he would not seem to derive his Son's Title from the Pope or because he was loath to trust his Son with that Royal Stile having already suffered by the like Indulgence to his eldest Son or because he saw it Inconvenient and Illegal to separate Ireland from the Crown of England It is certain he found means to carry the Legates with him into Normandy and thereby prevented that once designed Coronation So that the Impression of the Great Seal of Ireland was no more than this Johannes Filius Regis Angliae Speed 478. Domini Hiberniae Earl John was then about twelve Years old when on Wednesday in Easter-week 1185. anno 1185 with about four hundred Gentlemen most Normans some Clerks and particularly Giraldus Cambrensis and a great Company of others he took Shipping at Milford-Haven being accompanied to the very Ship by Randulph Glanvile principal Counseller of the King and Kingdom and Justiciary of England The Irish Potentates flock'd to their new Prince but their Trouses and Mantles their Glibbs and Behaviour were derided by the Normans who used them scurrilously one pats the Irish Prince on the Pate another pulls him by the Mantle a third pricks him in the Breech with a Pin a fourth shuts the Door upon his Heels every Body abuses them Wherefore away they get as fast as they can and every-where publish'd the Ill Usage they received at Court Rotherick O Conner Mac Carthy and O Bryan were then preparing for their Journey but upon this News they better considered it and confederated to raise a general Rebellion There were many Reasons why Earl John's Voyage to Ireland was not successful The Superstitious People observ'd That he had not pay'd his Devotions at S. Davids before he imbarqued and attributed it to that Others blamed him and his Followers more for their Rude and Ungenteel Abuse of the Irish Lords and Gentlemen Others imputed all to the Debauchery of the Soldiers who by the example of their Captains were grown Idle and Insolent Wherein they were the more indulged because they were ill paid To these may be added the Litigiousness of the Natives in Towns and Cities who were perpetually wrangling with and suing such new Inhabitants as came to settle among them But there was a greater Cause than all these which arose from the different Interests then in Ireland which inâ—luenced the Normans English Welch and the Natives The Normans were most in
the first and third Year of his Reign he did confirm them and in the eleventh Year he sent the following Writ which I recite at large because I find it curtail'd both in Calvin's Case and my Lord Cooks first Institutes 141. b. And what else King Henry did in this Matter shall be mentioned in the Account of his Reign REX Lib. GGG c. Baronibus militibus aliis libere tenentibus Lageniae salutem c. Satis ut credimus vestra audivit discretio quod cum bonae Memoriae Johannes quondam Rex Angliae pater noster venit in Hiberniam ipse duxit secum viros discretos legis peritos quorum communi consilio ad instantiam Hibernensium statuit praecepit Leges Anglicanas teneri in Hibernia ita quod leges easdem in scriptis redactas reliquit sub Sigillo suo ad Scaccar Dublin Cum igitur Consuetudo Lex Angliae fuerit quod si aliquis desponsaverit aliquam mulierem sive viduam sive aliam haereditatem habentem ipse postmodum ex ea prolem suscitaverit cujus clamor auditus fuerit infra quatuor parietes idem vir si supervixerit ipsam Vxorem suam habebit tota vita sua custodiam Haereditatis Vxoris suae licet ea forte habuerit Haeredem de primo viro suo qui fuerit plenae aetatis vobis mandamus injungentes quatenus in loquela quae est in Cur. Wilm Com. Maresc inter Mauritium Fitz-Gerrald petent Galfridum de Marisco Justiciarium nostrum Hiberniae tenentem vel in alia loquela quae fuerit in casu praedicto nullo modo justitiam in contrar facere presumatis Teste Rege apud W. decim Decemb. And thus King John having exceeding well acquitted himself in Ireland and thereby in a great measure attoned for Miscarriages of his former Voyage he departed thence on the thirtieth Day of August 1210. having first appointed John Gray Bishop of Norwich Lord Justice who kept the Kingdom in so good Order that he was able to spare three hundred Foot besides Horse 1211. to aid the King in France where they did good Service and yet most of them safely returned to Ireland About this Time happened the famous Story of John de Courcy 1212. which I will give you in the very Words of Hanmer because he expresses it much better than it is in Cambden's Annals Not long after Hanmer 184. there fell some Difference between John King of England and Philip King of France for the Right of some Fort in Normandy who to avoid the shedding of Christian Blood agreed of each Side to put it to a Combat Of King Philip's part there was a French-man in Readiness King John upon the sudden wist not what to do for a Champion to encounter with him at length one attending upon his Person enformed him That there was one Courcy in the Tower of London the only Man in his Dominions if he would undertake it to answer the Challenge King John joyful of this sent the first yea the second and third Time promising large Rewards and rich Gifts and that it stood him upon as far as the Honour of his Crown and Kingdom did reach to make good the Combat Courcy answered very frowardly the which was taken in good Part in regard of the urgent Necessity That he would never fight for him neither for any such as he was That he was not worthy to have one Drop of Blood spilt for him That he was not able to requite him the Wrongs he had done him neither to restore him the Hearts-Ease he had bereav'd him of Yet notwithstanding all the Premises he was willing and would with all Expedition be ready to venture his Life in Defence of the Crown and his Country Whereupon it was agreed He should be dyeted apparelled and armed to his Content and that his own Sword should be brought him out of Ireland The Day came the Place appointed the Lists provided the Scaffolds set up the Princes with their Nobility of each Side with thousands in Expectation forth comes the French Champion gave a turn and rests him in his Tent They sent for Courcy who all this while was trussing of himself about with strong Points and answered the Messengers That if any of their Company were to go to such a Banquet he would make no great haste However forth he comes gave a Turn and went into his Tent. When the Trumpets sounded to Battle forth came the Combitants and viewed each other Courcy beheld him with a wonderful stern Countenance and passed by The French-man not liking his grim Look the strong Proportion and Feature of his Person stalked still along and when the Trumpets sounded the last Charge Courcy drew out his Sword and the French-man ran away and conveyed himself to Spain Whereupon they sounded Victory the People clapt their Hands and cast up their Caps King Philip desired King John That Courcy might be called before them to shew some Part of his Strength and Manhood by a Blow upon a Helmet it was agreed a Stake was set in the Ground and a Shirt of Male and a Helmet thereon Courcy drew his Sword looked wonderful sternly upon the Princes cleft the Helmet Shirt of Mail and the Stake so far in that none could pull it out but himself Then the Princes demanded of him What he meant to look so sowerly upon them His answer was If he had missed his Blow upon the Block he would have cut off both the Kings Heads All that he said was taken in good Part and King John discharged him of all his Troubles gave him great Gifts and restored him to his former Possessions in Ireland It is written further That hereupon he sailed into England came to Westchester offered himself to the Sea and was put back again fifteen times by contrary Winds which rose upon a sudden to the English Shore And in the Book of Houth it is delivered That upon every Repulse the Night following he was admonished in a Vision Not to attempt the Seas for to sail into Ireland and that he should never set Foot upon any Land there and withal that the Reason was yielded thus Courcy thou hast done very ill for thou hast pulled down the Master and set up the Servant for he had translated the Cathedral Church and the Prebendaries of the Blessed Trinity in Dune into an Abbey of Black Monks brought thither from Chester and consecrated the same to the Honour of S. Patrick Whereupon remembring himself That he had done very ill in taking the Name from God and giving it to a Creature he gave Sentence upon himself That he was worthily punished and immediately he altered his Course went into France and there died But 't is Time to return to our Lord Justice who was sent for into England and ordered to leave the Government in the Hands of Henry de Londres Archbishop of Dublin Lord Justice July 23. he had
Pound six Shillings and eight Pence per annum Lib. G. and obtained an Order from the King and Council That all those who had Lands in Ireland should repair thither or send sufficient Men in their Room to defend the Country on Pain of forfeiting their Estates Nevertheless this Lord Justice was so far from subduing the Irish that he confessed he could never get access to know their Countries or Habitations and yet he had spent more time in the Service of Ireland than any Englishman then living So finding he could do no good he resigned to James Earl of Ormond July 24. 1376 Lord Justice In whose time the Counties Cities and Burroughs of Ireland sent Commissioners to the King to Treat and Advise about the Affairs of that Kingdom and not to the English Parliament as some have mistaken it Pryn. 305. And the King did Issue a Writ to the Lord Justice and the Chancellor requiring them to levy the reasonable Expences of these Commissioners from the respective Places that chose them by Writ under the great Seal of Ireland And accordingly John Draper who served for Cork had a particular Mandate to the Mayor and Bayliffs of that City to pay him his reasonable Expences as aforesaid It will not be unuseful to recite this Lord Justice his Commission because the Reader will thereby perceive what Authority he had and will also note the Difference between this brief Commission and the prolix Forms that are now used REX omnibus ad quos Ibid. c. Salutem Sciatis quod commisimus dilecto consanguineo nostro Jacobo le Bottiler Comiti de Ormond officium Justic nostr Hibern Terram nostram Hibern cum Castris aliis pertinentiis suis custodiend quamdiu nobis placuerit percipiend per ann ad Scac. nostrum Hibern quamdiu in Officio illo sic steterit quingent libras pro quibus Officium illud terram custodiet erit se vicessimus de hominibus ad arma cum tot equis coopertis continue durante commissione supradicta c. But by a subsequent Patent the sixth of August he had Power to Pardon all Offences generally or to particular Persons and by consent of the Council to remove or displace any Officer those made by Patent under the great Seal only excepted Ibid. 307. And by another Writ of the same date the former Commission was explained not to extend to the Pardon of any Prelate or Earl for any Offence punishable by loss of Life Member Lands or Goods And the same time Alexander Bishop of Ossory was made Treasurer of Ireland and a Guard of six Men at Arms and twelve Archers at the King's Pay allowed him I have seen a Copy of a Commission to Maurice Fitz-Thomas Lib. G. 13. Earl of Kildare to govern Ireland till Sir William Windsor's return it bore date the sixteenth of February 50 Edw. 3. and Stephen Bishop of Meath was appointed to oversee Munster but because I find no other mention of his being in the Government about this time I have therefore omitted to name him as Lord Justice And so we are come to the twenty first Day of June 1377. 1377. on which Day this victorious King died at Shene in Surry in the sixty fourth Year of his Age and of his Reign the one and fiftieth Lib. M. His Revenue in Ireland did not exceed ten thousand Pound per annum though the Medium be taken from the best seven Years of his Reign THE REIGN OF RICARD II. King of England c. And LORD of IRELAND RICHARD the Second only Son of Edward commonly called the Black Prince Eldest Son of King Edward the Third was by his Grandfather declared to be his Heir and lawful Successor and accordingly succeeded him in the Throne on the 21st of June and was Crowned at Westminster the 16th of July following 1377. His tender Age being but eleven years old required a Protector and because it seemed dangerous to commit that great Authority and Power to a single Person it was given to the Kings Unkles the Duke of Lancaster and the Earl of Cambridge and others who thought fit to continue in the Government of Ireland James Earl of Ormond Lord Justice he kept the Kingdom in as good order as those dangerous and troublesom Times would admit of Baker 141. for both the French and the Scots took advantage of the Kings Infancy to disquiet his Dominions but especially the Realm of England This Lord Justice according to the Usage in those days held Pleas of the Crown Lib. G. Lambeth and Gaol-delivery at the Naas on Monday after Valentines Day 1378. and not long after surrendred to Alexander Balscot Bishop of Ossory Lord Justice who continued in the Government until November following Lib. G. and then gave place to John de Bromwick 1379. Lord Justice in whose time Beauchamp Earl of Warwick was by the Parliament of England made sole Protector of the King and Kingdom And then was made that first Act or Ordinance against Absentees Lib. M. Lambeth 138. by the Assent and Advice of the Lords and Nobles of England Davis 38. 199 being in Parliament Whereby it is Ordained That all that have Lands 4th Instit. 356 360. Rents or Offices in Ireland shall return thither but if they have reasonable cause to absent that then they shall send sufficient Deputies to defend their Castles and Estates or contribute two Thirds of the yearly value towards the defence thereof but that Students and those in the Kings Service and those absent for reasonable Cause by Licence under the Great Seal of England shall be excused for one Third of the yearly Profit of their Estates This Act was confirmed afterwards Lib. F. 19 Edw. 4. and by vertue hereof the Mannor of Ballymaclo in Meath was seiz'd into the Kings Hands for the absence of William de Carew but was the next year restor'd to him on his Petition Prin 308. Septemb. 27. 1380. And it is to be remembred That this Act was occasioned by a Petition from Ireland and that it is mentioned in the Body of the Act that the Loss of Ireland would be a Disinherison to the King and his Crown of England Ibid. At the same Parliament at Westminster there was another Irish Petition for Mine and Coigne which I take to be a Liberty to dig Mines and a Mint to coyn Money For the Kings Answer is That for six years to come every one may dig in his own Grounds for any Mineral whatsoever even Gold and Silver paying the Ninth part thereof to the King and sending the rest to the Kings Mint at Divelin for the Coynage of which they shall pay the usual Rates but must transport none to any place except England on pain of forseiting it if it be seized or the Value if he be convict of it unless the Party had special Licence under the Great Seal of
England There was also another Petition for a free intercourse of Trade between Ireland and Portugal Ibid. whereunto the King gave a Gracious Answer And it seems that the State of England was intent upon the Recovery and Improvement of Ireland for Sir Nicholas Dagworth was sent thither to survey the Possessions of the Crown Davis 201 and to call the Officers of the Irish Revenue to account and the more to humour the Irish who thiink themselves disgraced when ignoble Men are put in the highest Authority over them Edmond Mortimer Earl of March and Vlster Jan. 24. 1380. was sent over Lord Lieutenant Sometime before he came viz. in Jun. 1380. the French and Spanish Gallies which did much Mischief on the Coasts of Ireland were by the English Fleet forced to retire into the Harbour of Kinsale where they were assailed and vanquished by the English and Irish so that their Chief Captains were taken Paâ—ata Hiberniae 360. and four hundred of the Enemies slain there were also taken four of their Barges and one Ballenget and one and twenty English Prizes were recovered I cannot find but that Ireland was pretty quiet during the Government of this Lord Lieutenant which did not continue very long for he died at St. Dominicks Abby near Cork on the 26th of December 1381. and the next day John Cotton then Dean of St. Patricks Ware de Praesulibus 28. and Lord Chancellor afterwards Achbishop of Armagh was chosen and sworn Sord Justice 1381 in the Convent of Preaching Friars at Cork Pryn 309. but it seems he did not long exercise that Office for in Mr. Prins Animadversions on the 4th Institut we find a Writ Dated the 29th Day of March anno 1382. viz. 5 R. 2. Directed to Roger Mortimer Earl of March Lord Lieutenant of Ireland whereby he is directed to call a Parliament there for the good Government of that Country and the support of the Kings great Charge and Expence but it is probable that this young Lord could not manage that unruly Kingdom and therefore Philip de Courtny the Kings Cousin was sent over Lord Lieutenant 1383. he had a great Estate in Ireland and therefore was the fitter for that Government He came over on good terms for he had a Patent to hold that Office for ten years nevertheless he behaved himself so ill Lib. M. Lamb. that he was not only superseded but also was arrested whilst he was Lord Lieutenant and afterwards grievously punished for the wrongs and oppressions he had done in Ireland Davis 201. In his time hapned a great Mortality called the Fourth Pestilence and upon the removal of him the Government of Ireland was given to the great Favourite of that Age Robert de Vere Earl of Oxford afterwards Marquess of Dublin Decemb. 1384. and Duke of Ireland Lord Lieutenant The English Parliament to get rid of him gave him a Debt of thirty thousand Marks due from the French King upon condition that after Easter he should pass into Ireland to recover the Lands the King had given him there he had five hundred Men at Arms at twelve pence per diem and a thousand Archers at six pence apiece a day appointed him for two years super conquestum illius Terrae He was trusted with the whole Dominion of the Realm during his Life without paying any thing therefore or making any Account for it He had Power to pass all Writs under his own Test and to place and displace all Officers how great soever even the Chancellor Treasurer Admiral c. and to name his own Deputy and all other Ministers And it seems that he had afterwards a larger Patent 4th Instit 357 9 Rich. 2. whereby the King granted him Totam Terram Dominium Hiberniae Insulas eidem Terrae adjacentes ac omnia Castra Comitatus Burgos Villas Portus Maris c. una cum Homagiis Obedientiis Vassallis Servitiis Recognitionibus Praelatorum Comitum Baronum c. cum Regaliis Regalitatibus Libertatibus c. omnibus aliis qnae ad Regaliam Nostram pertinent cum Mero Mixto Imperio adeo plene integre perfecte sicut Nos ea tenuimus habuimus tenuerunt habuerunt Progenitorum nostrorum aliqui ullis unquam temporibus retroactis Tenendum per Homagium Ligeum tantum c. But that which is most strange is That those illegal Letters Patents should be authorized by Parliament Assensâ— Praelatorum Ducum aliorum Procerum Communitatis nostri Angliae in Parliamento but nullum violentum est perpetuum novus iste insolitus umbratilis honor cito evanuit But it is time to return to the great Minion the Earl of Oxford who came as far as Wales and the King with him but they could not be perswaded to part and therefore this Lord Lieutenant never went to Ireland but deputed Sir John Stanly 1385. Lord Deputy in whose time the Bridge of Dublin fell and at the Parliament held at Westminster Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence Third Son of Edward the Third was established and soon after proclaimed Heir Apparent to the Crown and yet he was but Heir Presumptive but this Lord Justice was sent for and Alexander de Balscot April 26. alias Petit 1387. Bishop of Meath who had been Treasurer and Chancellor did execute the Office of Lord Justice until the return of Sir John Stanly 1389. Lord Deputy to the aforesaid Earl of Oxford Lib. D. Lambeth to him O Neal and his Sons made an humble Submission in Writing wherein they renounced the Bonaught of Vlster they also promised Allegiance and gave Oaths and Hostages for the performance thereof And it is to be noted 1390. That almost in every Parliament of this Reign held in England the King did desire Aid from them for the carrying on the War in Ireland But at length the English Parliament did so vigorously prosecute the Lord Lieutenant of Ireland that he was forced to fly beyond Seas and not long after died miserably at Brussels and thereupon James Earl of Ormond July 25. was made Lord Justice and the Archbishop of Dublin was constituted Lord Chancellor 1392. This Lord Justice beat the Mac Moyns at Tascoffin in the County of Kilkenny and slew six hundred of them And now the State of England began to think seriously of the Recovery of Ireland and finding that that Country was poor and almost depopulated by the mighty Concourse of Irish into England whereby the Kings Revenue was decayed and the Power of the Irish Rebels increased it was thought fit to revive the Law against Absentees and to issue a Proclamation requiring all those whose Habitations were in that Kingdom to repair home Also some Recruits of Men and Money were sent to Ireland and the King had by Indenture agreed with Thomas Duke of Glocester to be Lord Lieutenant of
bind themselves to Allegiance by Oath and Recognizance and when he returned to Dublin on the 26th Octavianus Archbishop of Armagh Philip Birmingham Chief Justice of the Kings Bench and Thomas Dowdal Master of the Rolls followed the same Example There was great intercession made for Prior Keating and Thomas Plunket Chief Justice of the Common Pleas and at length Plunket was pardon'd but Keating was not only left unpardoned but was also removed from the Command of the Castle of Dublin whereof it seems he was Governour or Constable and Richard Archbold whom he had formerly ejected was now restored and perhaps Keating had been used worse if his Habit and Order had not protected him for the King hated him more than all the rest being as it seems one of the most violent and most powerful Abettors of the Impostor Symnel and so Sir Richard Edgecomb having faithfully executed his Commission embarked at Dalky the 29th of July and arrived in Cornwal on the 8th of August Soon after this the Lord Deputy and Council sent over the Bishop of Meath to obviate the Designs of their Enemies and to thank the King for his Favours and to assure him of their future Allegiance and he managed his Negotiation so successfully that although the Archbishop of Armagh who was of the Kings side and a Favourite did use his utmost Endeavours to get the Chancellorship yet he could not obtain it lest thereby Kildare and his Party might be disobliged and the Kingdom just now appeased and growing towards a Settlement might again be disturbed by new Jealousies and Commotions And now the Lord Deputy is at leisure to call Macgeoghan to account for all his Depredations in the Pale 1489. he invaded his Country and took the Castle of Bileragh and preyed and wasted the whole Territory of Moycassel and being loaden with Booty he returned to Dublin But the King being still jealous of the Nobility of Ireland whom he knew to be exceedingly addicted to the House of York sent for most of them to come over to him into England and thither went the Earl of Kildare the Viscounts Buttevant and Fermoy and the Lords of Athenry Kingsale Gormanstown Delvin Hoath Slane Killeen Trimleston and Dunsany They waited on the King at Greenwich where Lambert Symnel served as Butler purposely to ridicule and expose their Folly who would Crown such a Fellow for their King but after some sharp Reproofs they were all taken into Favour and graciously dismiss'd I suppose not without some Presents though only that of three hundred Pieces of Gold to the Lord of Hoath be mentioned But whilst these things were doing in England Maurice Buckagh Earl of Desmond obtained two Victories in Ireland the one against Morough O Carol who was slain in the Battel together with his Brother Moyl Murry and the other against Dermond Mac Teige Carty whom he also killed On the 6th of July a Provincial Synod was held at Athird Ware 24. by Octavianus Archbishop of Armagh at which were present the Bishops of Meath Clogher Ardagh Dromore Kildare Raphoe and Cluanmacnoise There was a great Contest at this Synod between Thomas Brady and one Cormock about the Bishoprick of Kilmore it was by common consent refer'd to the determination of the Bishops of Meath Clogher and Ardagh and what End they made of it non constat but six years after both of them were called Bishops of Kilmore and as such both of them were permitted to sit in the Synod of Drogheda The Summer and Harvest were so wet in Ireland 1491. that the Corn could not be saved and therefore a great Dearth ensued which was accompanied with a Disease called the Sweating Sickness which now came to be first felt and known in Ireland And it seems that a Parliament was held at Trim on Friday after Epiphany but none of their Acts are extant But in March a Proclamation issued against bad Money and Nicholas Flyn was made Supervisor of the Mints at Waterford and Dublin It was about this time that O Neal wrote this short and famous Letter to Hugh Roe O Donel from whom he demanded Chief-Rent which the other denied and refused to pay Cur hoom mi Keesh no monna Curhir i.e. Send me my Rent or if you don't as much as to say he would force him to it But O Donel replied Neel Reesh a gut urm agus dabeh i.e. I owe you no Rent and if I did meaning that he would not pay it so to Blows they go and after some Bickerings and Losses on both sides they agreed to refer all their Differences to the Lord Deputy but in vain for all that he could do could not reconcile them So to Blows they fall again and came to a bloody Battel wherein the Loss was almost equal but if there were any disadvantage in that Point it was of O Donel's side but that was more than balanced by the Death of O Neal who in January 1492 was Murdered by his Brother Henry so that Tyrone became divided between Henry and Daniel O Neal betwixt whom there was continual Wars until the year 1497. and then upon the Resignation of Daniel Henry became sole Proprietor and the same year of 1497 O Donel likewise being superannuated and decrepit gave up his Principality of Tirconnel to his Son Con. But the King finding that the Duchess of Burgundy was again busie at work about setting up another Impostor thought it necessary to put the Government of Ireland in the hands of such as he might confide in and therefore he removed the Earl of Kildare and Walter Fitz-Symons 1492. Archbishop of Dublin was made Lord Deputy to Jasper Dukâ— of Bedford and Sir James Ormond Natural Son to John Earl of Ormond was made Lord Treasurer in the room of Eustace Lord of Portlester who had enjoyed that Office eight and thirty years This new Lord Treasurer came to Ireland in June with a small Band of Souldiers and it so hapned that upon some Quarrel between him and the Earl of Kildare near Dublin there was a Skirmish which proved very prejudicial to both the Families of Butlers and Giraldines and the more because the Irish took advantage thereby to infest the Pale and to disturb the English Borders However in September following more Alterations were made in the great Offices of State Alexander Plunket was made Lord Chancelor Thomas Butler Master of the Rolls and Nicholas Turner was constituted Chief Justice of the Common Pleas in August before and the Earl of Ormond and the Prior of Canterbury were sent Ambassadors to the French King This Summer was so dry that abundance of Cattel perished for want of Water and the Air grew so Pestilential that a multitude of People and particularly the Lord of Slane died of the Plague But a greater Mischief than this hapned to the unfortunate Kingdom of Ireland by the Arrival of Perkin Warbeck who to supply the Defects of the former Imposture did pretend to be Richard Duke of
in many other high Regards 't is Expedition alone that can answer the Anxieties which England must be in for Your Majesty's Absence And seeing Your Majesty will leave behind that Great Pledge Your Royal Consort and our most Gracious Queen Your Majesty will not want Your own Anxieties also for a speedy Return But that it may be with such Laurels as may bring Terror to France with Triumph to Your own Kingdoms and a happy Restitution of Your poor Protestant Subjects of Ireland to their Native Homes is the most fervent Prayer of GREAT SIR Your Majesty's most Dutiful most Loyal and most Devoted Subject and Servant R. COX TO THE READER YOU have here a History of great Variety and much Intrigue It takes in a large Space of Time of above Fifty Years and begins at the End of one War and ends with the Close of another The long Interval between these Two Periods being almost Forty years was spent in a profound Peace the short Commotion of O Dogharty only excepted and in promoting all those Blessings of Plenty and Good Laws which the Industry of the English could accomplish But the subsequent Part of the Time was according to Bishop Usher's Prophetical Sermon Preach'd Anno 1601. turn'd into a Scene of Blood Treachery and Desolation which overturned all The Roots of that so great Cruelty and Universal Defection are already hinted at in the Preface of my Former Part by those Differences there set forth of Nation Interest and Religion Upon King James his Accession to the Crown the Irish were surfeited with War so that all things in that Kingdom had a tendency to Peace And tho' a Rumor spread abroad and believ'd by the Irish That the King was of their Religion put some of the principal Towns into a Commotion yet the Diligence and Expedition of the Lord Deputy did soon appease that Storm and reduce the Disobedient to their Duty And tho' the natural Inclination of that King to Peace was a great Temptation to the Irish to try their Fortune with him in a War and accordingly the Lords Tyrone and Tyrconell and Sir Cahir O Dogharty attempted it yet the Rebels were always baffled in their Undertakings by the Diligence Wisdom and Courage of those to whom the King entrusted his Irish Affairs And indeed both King James the First and King Charles the First did take a particular Care to put the Government of Ireland into such Hands as were worthy of it and underwent the Administration thereof with Advantage to that Kingdom and Honor to themselves The First was the Lord Montjoy whom King James found Deputy and soon after made Lord Lieutenant This Lord was thought in England to be a better Courtier than a Soldier but when he came to Ireland he proved the best Soldier that Kingdom had seen in many Years It was he that found out the true Way of making War with the Irish For being well supplied with Necessaries from England he plainly saw that if he could attack them at a time when they wanted all Conveniences to keep the Field he could meet with very little or no Resistance and therefore he supplied his Frontier Garisons with Men and Provisions and they by their frequent Excursions did such Execution on the Persons and Estates of the Irish that by One Winters War he reduc'd them to the Necessity of eating one another and forced their Ringleader the Earl of Tyrone to submit to his Mercy and so made an end of that Rebellion His Successor or rather Deputy Sir George Cary was Treasurer at Wars and a worthy Gentleman but nothing of extraordinary moment hapned during his Government The next was Sir Arthur Chichester afterwards Lord of Belfast one well experienc'd in the Affairs of Ireland whereof he held the Chief Government for Eleven Years He was a good Soldier and a true Englishman and did Three great Things towards a Reformation The First was his Management of the most stubborn Parliament that ever was in that Kingdom which nevertheless he prevail'd with to Attaint the Earls of Tyrone and Tyrconell Sir Cahir O Dogharty and others and to make an Act of Recognition and to give the King a Subsidy And the Second was the Plantation of the Forfeitâ—d Estates in Ulster which he very much influenc'd and promoted And the Third was the Reviving and Restoring the Circuits for Judges of Assize in both the Provinces of Conaught and Munster The Lords Justices Doctor Jones Archbishop of Dublin and Lord Chancellor and Sir Richard Wingfield were Men Famous in their respective Faculties and are Founders of the Noble Families of the Earl of Ranelagh and Viscount Powerscourt And Sir John Denham Lord Chief Justice was not less Renowned than either of Them by reason of his great Learning in his Profession to which the Crown owes the first Advancement of that Considerable Branch of the Revenue arising by the Customs in Ireland The next Lord Deputy was Sir Oliver Saint John afterwards Viscount Grandison a Person Nobly descended and of a generous Temper He had given great Proof of his Courage and Conduct at the Battel of Kinsale and was not inferior to any of his Predecessors in a sincere Concern for the Protestant Religion and the Good of the Kingdom but he hapned in an ill time as did also his Successor the Worthy Lord Falkland whilst the Spanish Match was in agitation So that both these brave Men by the Clamour of the Irish and the prevailing Power of their Popish Enemies came away in Disgrace But their Innocence being afterwards vindicated as it was this Affront was in some measure atton'd for by the subsequent Favour of the King The Lords Justices that received the Sword from the Lord Falkland were the Viscount Loftus of Ely Lord Chancellor one of great Parts and Merit and the Noble Earl of Cork Lord High Treasurer who was one of the most extraordinary Persons either That or any other Age hath produced with respect to the great and just Acquisitions of Estate that he made and the Publick Works that he began and finished for the advancement of the English Interest and the Protestant Religion in Ireland as Churches Alms-Houses Free-Schools Bridges Castles and * Lismore Tallow Cloghnakilty Iniâ—keen Castletown Bandon which last Place cost him 14000 l. Townsâ— Insomuch that when Cromwel saw these prodigious Improvements which he little expected to find in Ireland he declared That if there had been an Earl of Cork in every Province it would have been impossible for the Irish to have rais'd a Rebellion And whilst he was carrying on these solid Works he lived in his Family at a Rate of Plenty that exceeded those who consumed great Estates in the lavish ways of ill-ordered Excess His †God's Providence is my Inheritance Motto shews from whence he derived all his Blessings the greatest of which was the Numerous and Noble * Earl of Burlington and Cork Viscount Kinalmeky Earl of Orrery Viscount Shannon Robert
their Solicitations and Attempts with an unshaken Steadiness It was pity so true a Nobleman should not fall into better Times and among a better People he might then have been as Eminent for doing of Good as now he appears Valuable in the resisting of Evil. And thus we are come to the End of a War which as it was rashly and cruelly begun so was it by the Confederates with such Cowardise and Folly carried on that excepting One Defeat given to the Scots they never had Advantage in any One Pitch'd Battel over the British And what could be more Tragical and Infamous to them at last than that they should from the Hands of those they always villified be compell'd to beg and glad to accept the worst of all Terms namely Transplantation to such as staid and of Banishment and Transportation to the rest But how surprising are the Revolutions of this World that from these Ashes and thus scatter'd to the Four Winds there should be a Foundation laid for that Fortune which the wandring Irish found by meeting in Foreign Parts the succeeding King and the Duke of York and by their Indulgence to be able not only to set up again but as at this day to expel their Conquerors and even to menace the Tranquillity of England The Links of this Mysterious Chain are so wonderful that I can hardly forbear a short Prospect of them in the Particulars following As first to observe How the Monarch of Three Kingdoms King Charles the First sat peaceably here at Home when Scotland began to Invade him How a great Number in England siding with the Scots put His Majesty into some Straits How the Irish taking advantage hereof fell to the murthering of His Protestant Subjects in that Kingdom How his Majesty sent presently His Authority and Commissions to suppress those Rebels while He at home was by others opprest and at last overthrown and His Children driven into Banishment How in consequence hereof the same Usurpers pass into Ireland and there compleating what His said Majesty's Commission could not they there subdue and drive the Irish into the like Banishment Here then the Crysis began That both Prince and Rebel-Subjects being forced to depend on Strangers and both driven by the same Hand into a State of Common Misery it was natural enough to forget how Things before had stood between them and only to look forward either how to be reveng'd or how to subsist King Charles the Second being at the Usurper's Instance expelled also from France he makes Conditions with Spain and calls to Him from other Services all His scattered Subjects and in this it must be allow'd the Irish made a Considerable Part. But if it be true that with these New Friends He then secretly grew reconciled unto their Religion also 't is no wonder if they got farther into Favour than what before they had deserv'd 'T is also easie to believe That as His Majesty's Restauration drew nigh the Irish obtain'd from Him all the good Words imaginable so that when He came into England He lay under this Contradiction of having promis'd to the Protestants of Ireland whose Commissioners met Him at Breda the Security of all they had gotten as to the Irish before the Re-possession of all they had lost The English spared not on their part to fortifie the Promise they had by a Charge of general Guilt on the Irish And the Irish were as lowd in the Justification of their Innocence So that to reconcile this Perplexity there was Advantage taken from what Both averr'd in persuading the English to restore what might belong to an Innocent and the Irish to forego their Hopes if upon Trial they should appear to be Guilty However to make this go easier down on either side there was a Notion set up and strangely imbib'd of a prodigious Stock of undisposed Acres which were sufficient to satisfie not only the Disappointments of some but even the Expectations of all Upon this an Act is fram'd by the English and tho' by the Tenor and Contexture of it nothing was more improbable than the Qualifications of Innocence yet by Favour in a Majority of Commissioners sent and instructed how to execute that Law the Irish prov'd fortunate beyond all expectation The Duke of York was always more open and avowed in his Patronage of them from the beginning and frequent Essays were made by his Power with the King to advance and distinguish them by Marks of Favour But the King was so cautious of His own Safety and He Reigned so long that the English had time to flourish For there was an Army kept up of Seven thousand Protestants and all the Commands and Offices both Civil and Military were in the Hands of the English However as His Royal Highness drew nigher to the Throne and as his Influence with the King increas'd so began this Flourishing State of the Protestants to be undermin'd And no sooner had he gotten the Scepter but he began openly to execute what surely was before intended and the whole Frame and Contexture of the English Government was subverted and dissolv'd However we live to see as at this day how dearly King James hath paid for that Experiment and for the Hopes He had and the Attempts he made of an equal Success in England And this also is worthy of some Remark That those very Protestants in the Army of Ireland who were driven out by His Command and took Refuge in Holland should so soon return under the Prince of Orange out now Happy King and assist in driving Him not only out of England but to take Refuge in Ireland Where these Windings and Revolutions will end God Almighty only knows but since we have so hopeful a Prospect that they may determine to the Honor of His Majesty to the Advantage of the English Nation the Restauration of the Irish Protestants and the Re-establishment of True Religion in that Kingdom I see no Reason to doubt but that I may be able to give you a joyful Account of all these Things in my Third Part. AN APPARATUS OR Introductory Discourse TOUCHING The Controverted Points in this HISTORY BECAUSE contrary Interests have perplexed this Affair and prevailed with a Party sometimes to stifle and sometimes to disguise the Truth and because the Papists have represented several Parts of this History not only in another manner and in a more soft and palliating Stile than I have done but have reported sundry considerable Matters of Fact quite contrary to what I have related it will be necessary to make a particular Examination of their most material Allegations and a strict scrutiny into my Assertions and the Proofs of them or Reasons for them and because I would not interrupt the Series of the History with these inquiries I thought it convenient to insert them here by way of Introduction But before I descend to particulars it is necessary to settle this great Preliminary that will run through the whole and
Parliament in Ireland till the Eleventh Year of this King's Reign Sullivan 211. and that Sullivan himself brings this very Neal Garuff on the English side again Anno 1608. But to proceed Sir ARTHUR CHICHESTER was sworn Lord Deputy on the Third of February 1604. and soon after establish'd a new Circuit for Judges of Assize for the Province of Connagh 1604. and retrived the Circuit of Munster Davis 265. which had been discontinued for Two hundred Years It must be observed That until this time the Papists generally did come to Church and were called Churchâ—Papists but now the Priests began to be seditious and did not only scandalize the Publick Administration of Affairs but also took upon them to review and decide some Causes that had been determin'd in the King's Courts and to oblige their Votaries on pain of Damnation to obey their Decision and not that of the Law they did also forbid the People to frequent the Protestant Churches and they publickly rebuilt Churches for themselves and erected or repaired Abbies and Monasteries in several Parts of the Kingdom and particularly at Multifernam in the County of Westmeath Killconell in the County of Gallway Rossariell in the County of Mayo Buttivant Kilkrea and Timoleague in the County of Cork Quin in the County of Clare Garinlogh in Desmond and in the Cities of Waterford and Kilkenny Sullivan 206. Intending says Mr. Sullivan to restore the Splendor of Religion And as many as pleased sent their Children to Foreign Seminaries without control And perhaps all this might have passed if they had not as foolishly as impudently publish'd every where and in all Companies That the King was of their Religionâ— 1605. But then the Government was necessarily obliged for the Vindication of his Majesty and to prevent the Growth of Popery and suppress the Insolence of the Papists to publish a Proclamation on the Fourth of July 1605. commanding the Popish Clergy to depart the Kingdom before the Tenth of December following unless they would conform to the Laws of the Land But this Proclamation being too faintly executed as Laws against Popery have hitherto always been produced more Noise than Effect so that it did little service in Ireland and yet furnished the Irish Papists with matter of Complaint beyond Seas where they usually make a great Clamour for a small Matter But on the Fifth of November was discovered the Damnable Popish Plot well known in England by the Name of The Gunpowder Treason the Design of it was to blow up at once the King the Nobility and the Principal Gentry of that Kingdom then assembled in Parliament The Papists did for some time with great Artifice and Confidence impose upon the World that this was a Plot of Cecill's making but finding at length that that Cobweb Pretence was too thin and was easily seen through they laid the blame upon a few desperate Villains as they always do when the Fact is too notorious to be denied But now that Matter is pretty well setled by the Confession of * Wilson Hist of K. James p. 32. Weston of the Earl of Castlehaven the Lord Stafford and Peter Walsh This Year the barbarous Customs of Tanistry and Gavelkind were abolish'd by Judgment in the King's Bench Davis's Reports and the Irish Estates thereby made descendible according to the Course of the Common Law of England and the City of Cork and the Liberties thereof were separated from the County of Cork and made a distinct County of it self reserving nevertheless Places in the City for a Gaol and a Court-house for the County at large In the Year One thousand six hundred and six 1606. the famous Robert Lalor Vicar-General of Dublin and other Diocesses in Leinster for disobedience to the aforesaid Prolamation was apprehended in the City of Dublin it being the Custom of these Ecclesiastical Spies to lurk about the Metropolis of every Kingdom he was in Michaelmaâ— Term indicted upon the Statute of 2 Eliz. cap. 1. for advancing and upholding Foreign Jurisdiction within this Realm but he humbled himself to the Court and voluntarily and upon Oath on 22d December 1606. made a Recognition in haec verba First He doth acknowledge that he is not a lawful Vicar General in the Diocess of Dublin Kildare and Fernes and thinketh in his Conscience that he cannot lawfully take upon him the said Office Item He doth acknowledge our Soveraign Lord King James Davis Rep. 83. that now is to be his Lawful Chief and Supream Governor in all Causes as well Ecclesiastical as Civil and that he is bound in Conscince to obey him in all the said Causes and that neither the Pope nor any other Foreign Prelate Prince or Potentate hath any Power to controll the King in any â—ause Ecclesiastical or Civil within this Kingdom or any of his Majesties Dominions Item He doth in his Conscience believe that all Bishops ordained and made by the Kings Authority within any of his Dominions are lawful Bishops and that no Bishop made by the Pope or by any Authority derived from the Pope within the Kings Dominions hath any Power or Authority to impugne disannul or controll any Act done by any Bishop made by his Majesties Authority as aforesaid Item He professeth himself willing and ready to obey the King as a good and obedient Subject ought to do in all his lawful Commandments either concerning his Function of Priesthood or any other Duty belonging to a good Subject Upon this Confession he was indulged with more Liberty and the free Access of his Friends and would undoubtedly have been enlarged the next Term if he had not privately denied what he had publickly done protesting that his Confession did not extend to the Kings Authority in Spiritual Causes but in Temporal only this being told to the Lord Deputy it was resolved to try him upon the Statute of 16. R. 7. cap. 5. of Premunire and it was discreetly done rather to Indite him upon that than upon any new Statute made since the Reformation Davis Rep. 85. that the Irish might be convinc'd That even Popish Kings and Parliaments thought the Pope an Usurper of those exorbitant Jurisdictions he claim'd and thought it inconsistent with the Loyalty of a good Subject to uphold or advance his unjust and unreasonable Incroachments on the Prerogative of the King and the Priviledge of the Subject which tended to nothing less then to make our Kings his Lacquies our Nobles his Vassals and our Commons his Slaves and Villains Upon this Indictment he was tryed and found Guilty and upon his Tryal his aforesaid Recognition which he made upon Oath was publickly read which netled him exceedingly and the rather because he was asked whether he had not denied this Confession to some of his Friends to which he answered that he had not but only told some of them that he had not own'd the Kings Supremacy in Spiritual Causes which he said was true for the word
in the Confession was Ecclesiastical Whereupon the Attorny General Learnedly descanted upon the words Ecclesiastical and Spiritual and exposed the Knavery and Silliness of the Prisoners Equivocation and then Mr. Justice Sarsfeild pronounced the Sentence of the Law against him which nevertheless was never Executed upon him that I can find However to attone for this seeming Severity and to quiet and oblige the Irish the King issued out a Commission of Great under the Great Seal of England to confirm the Possessors of Estates in Ireland against all Claims of the Crown by Granting new Patents to them But the Irish are a People that seldom beaâ— good Fortune with any Moderation or Temper and the King and Council of England were mightily deceived when they thought that Lenity and Commissions of Grace would oblige them to Loyalty and Obedience on the contrary it always makes them think the Government weak and never fails to put them upon Action So true is that of the Poet Unguentem pungit pungentem Hibernicus Ungit And just so it happened after this Commission of Grace for on the 7th of May a Letter directed to Sir William Usher Clerk of the Council was dropt in the Council Chamber Temple 2. which discovered a Conspiracy of the Earls of Tyrone and Tyrconnel Macguire O Cahan the Lord of Delvin and almost all the Irish of Ulster to surprize the Castle of Dublin and Murder the Lord Deputy and Council and to set up for themselves Lib. C. They had sent a Baron to the Arch-Dukes to sollicite Assistance and probably had employed some Body else to Spain but as soon as they had Notice that their Plot was discovered the Earls of Tyrone and Tyrconnel and the Lord Macguire fled beyond Seas to get Spanish Aid 1607. and the rest did shift for themselves as well as they could but some were taken and executed And not long after Justice Sibthorp and Baron Eliot attended by some of the Kings Council were sent into the Counties of Donegall and Tyrone with a Commission of Oyer and Terminer and so Indictments were found against these Conspirators and all those that fled were Out-law'd thereupon But because those Earls did alledge Lib. M. that they were persecuted for Religion and had been injuriously dealt with the King on the 15th of November 1607. published a Declaration wherein he affirms That they had not their Creations or Possessions by any Lineal or any lawful Descent from Ancestors of Blood or Virtue but were for Reasons of State preferred before others of better Quality and Birth in their Countrey and Protests they had not the least shadow of Molestation nor was there any purpose of proceeding against them in Matters of Religion their Condition being to think Murder no fault Marriage of no use nor any Man valiant that does not Glory in Rapine and Oppression and therefore 't were unreasonable to trouble them for Religion before it could be perceived by their Conversation they had any and that in all Matters of Controversie they were favoured except in such Cases where they design'd to Tyrannize over their fellow Subjects that they did stir up Sedition and intestine Rebellion in the Kingdom and sent their Instruments Priests and others to make Offers to Foreign States for their Assistance And that under the Condition of being made free from English Government they resolved also to comprehend the EXTIRPATION of all those Subjects now remaining alive within that Kingdom formerly descended of English Race In December 1607. The Lord Deputy and Council sent Sir Anthony Saintleger Master of the Rolls to the Lords of the Council in England to inform them that the Omores would by next May be transplanted from Leix into Munster and that it was fit the O Connors should be so too that the Lord Delvin must be severely persecuted because frequent Pardons do encourage Irish Rebellions that his Castle of Cloghouâ—er is taken and so is his Son and himself left as desolate as a Wood Keâ—n and to desire to be instructed what to do with those that refuse the Oath of Supremacy and to inform that they have stopt the Quo Warranto's because the Corporations will submit to the Customs if their Arrears be forgiven that there is a great Propensity in the Irish at this time to Rebel and that it were fit to send over Twenty thouthousand Pounds to lye dead for such an Accident and that the King would be pleas'd to decide the great Controversie between the Earl of Kildare and Sir Robert Digby which is now ready for Sentence in the Castle-Chamber and also to represent the State of that poor Kingdom c. But notwithstanding all the Care that was taken to keep the Kingdom quiet 1608. the Hopes and Expectations of Aid from Spain easily put the Rebellious Spirits in a ferment insomuch that Sir Cahir O Doharty Proprietor of Inisowen a Gentleman of great hopes but of few years not exceeding One and twenty was by Assurances from the Earls of Tyrone and Tyrconnel of speedy and effectual Aid perswaded to begin the War his main Design was upon Derry which he surprized and burnt Sullevan 210. he also Murdered the Governor Sir George Pawlet and all the Protestants except the Bishops Wife that was ransomed he also surprized Culmore and the Magazine there Spretis centum argenti libris quibus pseudo Episcopus eos redinere Cupiebat and burnt Two thousand Heretical Books as he call'd them refusing to let them be redeem'd for an hundred pound And this Rebellion became the more formidable because it was fomented and encouraged by the Priests who affirm'd That all were Martyrs that died in the Service But for the better understanding of this matter it is necessary to inform the Reader that Queen Elizabeth finding it convenient to plant a Garison at Loghfoyle made several Attempts to that purpose but they all miscarried until Sir Henry Dockwra Landed at Kilmore or Culmore and erected a small Castle there and a Month after he took Derry without Resistance and built two Forts and a good House there but afterwards viz. Anno 1617. that place was built by the Londoners and became a fair and strong City well known by the Name of London-Derry This Sir Henry Dockwra also built the Castles of Dunalong and Lifford and afterwards assigned the Government of Derry to Sir George Pawlett a Hampshire Gentleman and the Command of Culmore to Captain Hart a Man of great Courage After Sir John O Dogharty's Death his Son Cahir shewing great Inclinations to the English and being a Youth of great hopes was not only Graced with Knighthood and made a Justice of Peace and a Commissioner in most of the Commissions that came to that Countrey but was also treated with all due Respect upon all occasions and he on the otherside contracted an intimate Friendship with the Chief of the English and particularly with Captain Hart Governour of Culmore to whose Son he was
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enactedâ— And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna mentâ— secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
other Stewards of the British Farmers and Inhabitants of the City and County of London-Derry ☞ by means whereof the worthy Plantation of that Country is almost destroyed and the Inhabitants are reduced to great Poverty and many of them forced to forsake the Country the same being the first and most useful Plantation in the large Province of Ulster to the great weakning of the Kingdom in this Time of Danger the said Plantation being the principal Strength of those Parts IX The late Erection of the Court of High-Commission for Causes Ecclesiastical in these necessitous Times the Proceedings of the said Court ' in many Causes without Legal Warrant and yet so supported as Prohibitions have not been obtained though legally sought for And the excessive Fees exacted by the Ministers thereof and the Encroaching of the some upon the Jurisdiction of other Ecclesiastical Courts of this Kingdom X. The exorbitant Fees and pretended Customs exacted by the Clergy against the Law some of which have been formerly represented to your Lordship XI The Petitioners do most heartily bemoan that His Majesty's Service and Profit are much more impaired than advanced by the Grievances aforesaid and the Subsidies granted in the last Parliament having much increased His Majesty's Revenue by the buying of Grants and otherwise And that all His Majesty's Debts then due in this Kingdom were satisfied out of the said Subsidies and yet His Majesty is of late as the Petitoners have been informed in the House of Commons become indebted in this Kingdom in great Sums And they do therefore humbly beseech That an exact Account may be sent to His Majesty how and in what manner his Treasure is issued XII The Petitioners do humbly conceive just and great Fears at a Proclamation published in this Kingdom in Anno Domini 1635. prohibiting Men of Quality or Estates to depart this Kingdom into England without the Lord Deputy's Licence whereby the Subjects of this Kingdom are hindred and interrupted from free Access to Address to His Sacred Majesty and Privy-Council of England so declare their just Grievances or to obtain Remedies for them in such sort as their Ancestors have done in all Ages since the Reign of King Henry the Second and great Fees exacted for every of the said Licences XIII That of late His Majesty's Attorney-General hath exhibited Informations against many ancient Burroughs of this Kingdom into His Majesty's Court of Exchequer ☜ to shew cause by what Warrant the said Burroughs who heretofore sent Burgesses to Parliament should send Burgesses to the Parliament And thereupon for want of an Answer the said Privileges of sending Burgesses were seised by the said Court Which Proceedings were altogether coram non Judice and contrary to the Laws and Privileges of the House of Parliament and if way should be given thereunto would tend to the Subversion of Parliaments and by consequence to the Ruin and Destruction of the Commonwealth And that the House of Commons hath hitherto in this present Parliament been deprived of the Advice and Counsel of many profitable and good Members by means thereof XIV By the Powerfulness of some Ministers of State in this Kingdom the Parliament in its Members and Actions hath not its natural Freedom XV. And lastly That the Gentry and Merchants and other His Majesty's Subjects of this Kingdom are of late by the Grievances and Pressures before said and other the like brought very near to Ruin and Destruction And the Farmers of Customs Customers Waiters Searchers Clerks of Unwarrantable Proceedings Pursuivants and Gaolers and sundry others very much enriched whereby and by the slow Redress of the Petitioners Grievances His Majesty's most faithful and dutiful People of this Kingdom do conceive great Fears that their Readiness approved upon all Occasions hath not been of late rightly represented to His Sacred Majesty For remedy whereof the said Petitioners do humbly and of right beseach your Lordship That the said Grievances and Pressures may be speedily redressed and if your Lordship shall not think fit to afford present Relief that your Lordship might admit a select Committee of this House of Persons uninteressed in the Benefit arising of the aforesaid Grievances to be licensed by your Lordship to repair to his Sacred Majesty in England for to pursue the same and to obtain fitting Remedy for their aforesaid and other just Grievances and Oppressions And upon all just and honourable Occasions they will without respect of particular Interest or Profit to be raised thereby most humbly and readily in Parliament extend their utmost Endeavors to serve His Majesty and comply with His Royal and Princely Occasions And shall pray c. As soon as the Lord Deputy had notice of this Remonstrance and perceived the Fury of the Irish Parliament he took occasion to Prorogue it on the Twelfth day of November but whatever he could do was ineffectual to stem the Tide which now ran too violent against him And therefore being heart-broken with his own and the Earl of Strafford's Misfortunes he died suddenly on the Third day of December 1640. Whereupon ROBERT Lord DILLON of Killkenny-West afterwards Earl of Roscomon Sir WILLIAM PARSONS Knight and Baronet Master of the Court of Wards were on the Thirtieth of December sworn Lords Justices 1640. But the Lord Dillon beings for his Intimacy and Alliance with the Earl of Strafford obnoxious to the aforesaid Irish Committee he was at their Instance removed and Sir WILLIAM PARSONS Master of the Court of Wards Sir JOHN BORLACE Master of the Ordnance were sworn Lords Justices on the Tenth of February to whom the King by his Letters of the Fourth of January before sent Orders at the Request of the Irish Committee That the Irish Subsidies which heretofore were Forty thousand Pounds should be reduced to a less Sum than formerly and that all Letter 's sent to the Chief Governor or other Publick Officers touching Publick Affairs or the Subjects Private Interests should be entred in the Signer-Office in England to the end the Subjects upon occasion might take Copies thereof and that all Dispatches from Ireland should be safely kept apart for the easier and readier recourse thereto and that His Majesty approves of the Repair of His Subjects to appeal to Him notwithstanding any Prohibition in Ireland to the contrary and orders That no body be prosecuted or molested on that score and that the Irish Committee shall have Copies of all Records Certificates Orders of Council Publick Letters or other Entries that are necessary to manifest or prove their Grievances And this Letter was on the Tenth of February 1640. by the Irish Parliament then sitting ordered to be entred amongst the Records and Ordinances of that House And soon after Rushw 15. the Irish Parliament did vote the following Grievances to be transmitted to their Committee in England which it seems were couched in Two Petitions one to the King and the other to the Parliament and both carried over by John Bellew
Alexander Mac Donald alias Culkittagh who gave him a severe Attack whereupon the Scots gave way and the whole Party was routed and Six hundred Protestants slain And soon after the Rebels animated with this Success besieg'd Colerain but the Lord of Antrim not only perswaded the Irish to raise that Siege but also sent Provisions and other relief into the Town believing that this obliging Carriage would prevail with the Town voluntarily to put it self under his Protection but in that he found himself mistaken In this Extremity was the Province of Ulster so that every Man that was left was necessitated to betake himself to Arms whereby such a Competent force was raised as put a stop to the Career of the Rebels there were Three Troops and Three Regiments of Foot under Sir Robert Stewart Sir William Stewart and Colonel Audly Mervin in and near London-Derry and these were called the Lagan Forces Sir John Clotworthy had a Regiment and a Troop in the Town of Antrim and the Lord Conwey had the like at Lysnegarvy and the Lord of Ardes Sir James Mongomery Colonel Hill Captain Chichester Sir Arthur Tyringham and Sir Hans Hamilton had likewise some Forces in the County of Downe all which did Service but none did that prodigious Execution upon the Rebels as Sir Frederick Hamilton's Regiment at Mannor Hamilton and Sir William Cole's Regiment at Iniskilling But it will be fit to inquire how the Irish Affairs were managed in England where the Parliament upon whom the King had devolv'd the Management of the Irish War did during his Majesty's absence in Scotland heartily espouse the Cause of the Irish Protestants and not only voted briskly for their Relief as hath been already mentioned but did also effectually set all Engins at work for the Preservation of that Kingdom and appointed a particular Committee for Irish Affairs And now when the King was return'd to London His Majesty expressed no less Zeal in that Matter and Detestation of that Rebellion than the Parliament had done They seem'd to vie with one another who should do most to save that Island and to revenge that barbarous Massacre committed upon the Protestants there and yet at length by unhappy Differences that arose between Themselves both of Them were hindred from doing what each of Them design'd So that whilst Englishmen were destroying each other in Civil Wars here the British in Ireland were expos'd to the Insults of a numerous and inveterate Enemy without their Garisons and to the want of all Necessaries within them But to proceed 1641. On the Twenty eighth of December the King sent the following Message to the House of Lords Husbands's Collect. 33. viz. His Majesty being very sensible of the great Miseries and Distresses of His Subjects in the Kingdom of Ireland which go daily increasing so fast and the Blood which hath been already spilt by the Cruelty and Barbarousness of those Rebels crying out so loud and perceiving how slowly the Succours design'd thither go on His Majesty hath thought fit to let your Lordships know and desires you to acquaint the House of Commons therewith That His Majesty will take Care that by Commissions which He shall grant Ten thousand English Voluntiers shall be speedily raised for that Service if the House of Commons shall declare that they will pay them But the Disturbance about the Impeachment of the Five Members hapning so soon after this as it did suspended the further Debate of that Matter and tho' the Commons on the Fifth of January adjourn'd their Committee for Irish Affairs to Guildhall Ibidem 64. yet the next Vote relating to Ireland that I find is that which center'd in an Order of Both Houses dated the Twenty ninth of January to apprehend and examine all such suspected Papists as are going to Ireland and to stay all Arms Ammunition Money Corn c. intended for the Relief of the Rebels and to send back or prosecute such wandring Irish Papists as lately landed in the West And in a day or two after there was a Complaint That notwithstanding this Order the King had licensed several Papists to transport themselves to Ireland who had joyned with the Rebels and Mr. Pym speaking freely of that Matter in a Conference amongst other things he said That since the Stop upon the Ports by both Houses against all Irish Papists many of the Commanders now in the Head of the Rebels have been suffered to pass by His Majesty's immediate Warrant And afterwards the Parliament instanc'd Colonel Butler Mr. Nettervill Sir George Hamilton the Lord Delvin and Four more Whereupon His Majesty by His Message of the Second of February expostulated with them and affirms That the Licence to Butler Nettervill and Hamilton was before he had any Intimation of that Order and that tho' they were Papists He had reason to believe they would not joyn with the Rebels and desires them to clear Him from that Aspersion by a Publick Declaration But in January there was a Treaty with the Scots Commissioners about the Relief of Ireland Whereupon they made these Proposals viz. COncerning the Proposition made to us Husbands's Collect. 57. 22 January from the Committees of Both Houses for the transporting presently to Ireland of the Two thousand five hundred Men now on foot in Scotland we having no Instruction for that end cannot by our selves condescend otherwise than upon the Closure of the Treaty but shall most heartily represent it to the Council of Scotland and second the same with our earnest Desires That every thing may be done which may contribute to the Preservation of that Kingdom and may testifie our brotherly Affection to this And that we may be the more able to move the Council to condescend to the same we desire the Propositions following to be granted 1. That Provision of Victuals be presently sent to Carrickfergus to be sold to our Soldiers at reasonable Rates answerable to their Pay 2. That an Order be set down how they shall be paid there and from whom they may require the same 3. That they have the Command and Keeping of the Town and Castle of Carrickfergus with Power to them to remain still within the same or to enlarge their Quarters and to go abroad into the Country upon such Occasions as their Officers in their Discretion shall think expedient for the Good of that Kingdom And if it shall be thought fit that any Regiments or Troops in that Province shall joyn with them that they receive Orders from the Commanders of our Forces 4. That Provision of Match Powder and Ball be presently sent to Carrickfergus and what Arms Ammunition or Artillery shall be sent over with them from Scotland that the like Quantity be sent from hence to Scotland whensoever the same shall be demanded 5. That a part of the Thirty thousand Pounds of the Brotherly Assistance be presently advanced to us which altho' in a just Proportion to these Men it will amount but to Seven
they presented a handsom Address to His Majesty at Oxford quod vide Burlace 112. and on the First of December they received the following Gracious Answer from the King THat His Majesty hath since the beginning of that monstrous Rebellion had no greater Sorrow than for the Bleeding Condition of that His Kingdom and as He hath by all Means laboured that timely Relief might be afforded to the same and consented to all Propositions how disadvantagious soever to Himself that have been offered Him for that purpose and at first recommended their Condition to Both Houses of Parliament and immediately of His own mere Motion sent over several Commissions and caused some Proportion of Arms and Ammunition which the Petitioners well know to have been a great Support to the Northern Parts of that Kingdom to be conveyed to them out of Scotland and offered to find Ten thousand Voluntiers to undertake that War but hath often since prest by many several Messages that sufficient Succours might be hastned thither and other Matters of smaller Importance laid by which did divert it and offered and most really intended in His own Royal Person to have undergone the Danger of that War for the Defence of His Good Subjects and the Chastisement of those perfidious and barbarous Rebels and in His several Expressions of His Desires of Treaty and Peace hath declared the miserable present Condition and certain future Loss of Ireland to be one of His principal Motives most earnestly to desire that the present Distraction of this Kingdom might be compos'd and that others would concur with Him to the same End So His Majesty is well pleased that His Offers Concurrence Actions and Expressions are so rightly understood by the Petitioners and those who have imployed them notwithstanding the groundless and horrid Aspersions which have been cast upon Him but wishes That instead of a mere General Complaint to which His Majesty can make no Return but of Compassion they could have digested and offered to Him any such Desires by consenting to which He might convey at least in some degree Comfort and Life to that gasping Kingdom preserve His Distressed and Loyal Subjects of the same from inevitable perishing and the True Protestant Religion from being scorn'd and trampled on by those Merciless and Idolatrous Rebels And if the Petitioners can yet think on any such and propose to his Majesty He assures them That by his readiness to Consent and his Thanks to them for the Proposal he will make it appear to them that their most pressing personal Sufferings cannot make them more desirous of relief than his Care of the true Religion and of his faithful Subjects and of that Duty which obliges him to his Power to protect both renders him desirous to afford it to them But whatever good words the Irish Protestant Committee met with it is certain they got but very little Assistance so that the Lords Justices were reduced to the last Extremity whereupon they ordered the Citizens of Dublin to bring in half their Plate to be Coyned promising that they should be satisfied for it out of the next Supply and upon this Proclamation Twelve hundred Pounds worth of Plate was brought in Tho there were but three Papists that sent in any But it is time to return to the Army which was in great straits in Dublin and exceedingly oppressive to the Inhabitants it was therefore ordered they should enlarge their Quarters and the Lords Justices and some others having Coyned their own Plate to enable it to march It did accordingly issue out of Dublin to the number of Two thousand five hundred Foot and Five hundred Horse under the Marquess of Ormond on the Second of March and on the Third took Castlemartin and Tully and on the Fourth took Tymolin with the Slaughter of One hundred Rebels and on the Twelfth they came before the Town of Ross and having made a Breach in the Walls they assaulted it but without effect whereupon the Irish Army under General Preston consisting of Six thousand Foot and Six hundred and fifty Horse drew so near that they sent a considerable Supply into the Town and put a necessity upon the English Army not only to draw off from the Siege but also to give them Battel whereupon some of the Horse really suspected that Ormond had betrayed them and tho' most of them were Men of known Courage yet they fled very early and before the Battel was well begun however Ormond maintained the fight with his Infantry and the Horse that staid with him and at the same time gave Demonstration both of his Integrity Battel of Ross 18th of March 1642. and of that Presence of mind which was natural to him and never left him in the greatest Adversity and the issue was a compleat and entire Victory over the Irish Army whereof Lieutenant General Cullen and the rest of the Prisoners and the Baggage that was taken were undeniable Evidences nevertheless there were not above Three hundred of the Rebels slain in this Battel but many of them were principal Commanders and Persons of Note In Munster 1642. Affairs were managed this Year with alternate Success the English prospered well enough in the County of Cork but suffered in most other parts of the Province in April the valiant Bandonians took the Castle of Downdaniel and killed One hundred Rebels near Powlalong and got considerable Booty in both places and afterwards being assisted by the English at Kinsale they did on the Fourth of May take the strong Castle of Carriginass and the next day the Castle of Powlalong was surrendred to them and the Castle of Kilgoban was deserted by the Ward And about the same time Captain Scurlock with about Seven hundred Rebels of the County of Waterford made a brisk Attempt on Capoquin but the valiant Governour Captain Crocker with One hundred Men encountred him in the Town and killed Scurlock and routed his Forces On the Eighteenth of May the Lord of Insiquin defeated a Party of Irish in the Barony of Fermoy and killed above One hundred of them and on the Nineteenth Colonel Brocket Landed at Kinsale with Four hundred and sixty Men of Sir John Pawlett's Regiment of Foot whereupon Mountlong was deserted by the Irish on the Twenty fifth and the same day the Castle of Ballincolly was taken by the Lord President and on the Twenty ninth the Castles of Coolmain and Kilbrittain were taken by the Bandonians as the Castle of Cloleigh was on the Twenty third of July by the Earl of Barrymore But in the midst of these small Victories the Lord President Saintleger died at Cork on the Second of July whereupon the Government of that Province in civil Matters was committed to the Earl of Barymore and Lord of Insiquin but the Military Affairs were subjected to the Lord of Insiquin's sole Command And on the Fourth of July the Lord Broghill on his return from the relief of Knockmone met a Party of Rebels strongly
therefore We expected at least Thanks for such Our inclination For the Danger to Our Person We conceive it necessary and worthy of a King to adventure his Life to preserve his Kingdom neither can it be imagined That We will sit still and suffer Our Kingdoms to be lost and Our good Protestant Subjects to be Massacred without exposing Our own Person to the utmost hazard for their Relief and Preservation Our Life when it was most Pleasant being nothing so precious to Us as it is and shall be to govern and preserve Our People with Honour and Justice For any Encouragement to the Rebels because of the Reports they raised We cannot conceive that the Rebels are capable of a greater Terror than by the Presence of their Lawful King in the Head of an Army Besides it will be an unspeakable advantage to them if any Reports of theirs could hinder Us from doing any thing which were fit for Us to do if such Reports were not raised This would quickly teach them in this jealous Age to prevent by such Reports any other Persons coming against them whom they had no Mind should be employed We marvel that the Adventurers whose advantage was a principal Motive next the Reason before mentioned to Us should so much mistake Our Purpose whose interest We conceive must be much improved by the Expedition We hope by Gods Blessing to use in this Service this being the most probable way for the speedy Conquest of the Rebels and their Lands are sufficiently secured by Act of Parliament We think not Our Self kindly used That the Addition of so few Men to your Levies for a Guard to Our Person in Ireland should be thought fit for your refusal and much more that having used so many Cautions in that Message both in the smalness of the number in Our having raised none until your Answer In their being so raised only near their place of Shipping in their being there to be Armed and that not till they were ready to be Shipped In the Provision by the Oaths that none of them should be Papists all which appears sufficient to destroy all Grounds of jealousie of any force intended by them in opposition to the Parliament or favour to any Malignant Party any suspition should notwithstanding be grounded upon it Neither can it be understood That when We recommended the managing of that War to you that We intended to exclude Our Self or not to be concerned in your Counsels That if we found any expedient which in Our Conscience or Understanding We thought necessary for that great Work We might not put it in Practice We look upon you as Our great Council whose Advice We always have and will with great Regard and Deliberation weigh and consider But We look upon Our Self as neither deprived of Our Royal understanding or devested of any Right We had if there were no Parliament sitting We called you together by Our own Writ and Authority without which you could not have met to give Us faithful Counsel about Our great Affairs But We resigned not up Our own Interest and Freedom We never subjected Our Self to your absolute Determination We have always weighed your Counsels as proceeding from a Body entrusted by Us And when We have dissented from You We have returned You the Reasons which have prevailed with Our Conscience and Understanding with that Candor as a Prince should use towards his Subjects And that Affection which a Father caâ—â—xpress to his Children What Application hath been used to rectiâ—ie ouâ—â—â—derstanding by Reason or what Motives have been given to perswade our Affections We leave all the World to judge And then We must tell you howsoever a Major part may bind you in Matter of Opinion We hold our Self and We are sure the Law and Constitution of the Kingdom hath always held the same as Free to dissent till our Reason be convinced for the General good as if you delivered no Opinion For our Journey it Self The Circumstances of your Petition are such as We know not well what Answer to return or whether We are best to give any That part which pretends to carry Reason with it doth no way satisâ—ie Us The other which is rather Reprehension and Menace than Advice cannot stagger Us. Our Answer therefore is That We shall be very glad to find the work of Ireland so easie as you seem to think it which did not so appear by any thing known to Us when We sent our Message And tho We will never refuse or be unwilling to venture our Person for the good and safety of our People We are not so weary of our Life to hazard it impertinently and therefore since you seem to have received Advertisement of some late and great Successes in that Kingdom We will stay some time to see the event of those and not pursue this resolution till We have given you a second Notice But if We find the miserable Condition of our poor Subjects of that Kingdom be not speedily relieved We will with Gods assistance Visit with Succours as our particular Credit and Interest can supply Us with if you refuse to joyn with Us. And We doubt not but the Leagues We shall make in which We will observe punctually the former and all other Cautions as may best prevent all Fears and Jealousies and to use no Power but what is legal will be so much to the Satisfaction of our Subjects as no Person will dare presume to resist our Commands and if they should at their Perâ—l In the mean time We hope our forwardness so remarkable to that Service shall be notorious to all the World and that all Scandals laid on us in that business shall be clearly wiped away We were so careful that our Journey into Ireland should not interrupt the Proceedings of Parliament nor deprive our Subjects of any Acts of Justice or further Acts of Grace for the real benefit of our People that We made Free offer of leaving such Power behind as should not only be necessary for the Peace and Safty of that Kingdom but fully provide for the happy Progress of the Parliament And therefore We cannot but wonder since such Power hath been always left here by Commission for the Goverment of this Kingdom when our Progenitors have been out of the same during the sitting of Parliament And since your selves desired that such a Power might be left here by Us at our last going into Scotland What Law of the Land have ye now found to dispense with you from submitting to such Authority legally derived from Us in our absence and to enable you to Govern this Kingdom by your own meer Authority For our Return towards London We have given you so full an Answer in our late Declaration and in Answer to your Petition presented to Us at York the Twenty sixth of March last That We know not what to add If you will not provide for our Security with you nor agree to remove to
another place where there may not be the same Danger to Us. We expected that since We have been so particular in the Causes and Grounds of our Fears you should have sent Us word That you had published such Declarations against future Tumults and unlawful Assemblies and taken such Courses for the suppressing of Seditioâ—â— Sermons and Pamphlets that our Fears of that kind might be laid aside before you should press our Return To conclude We could wish that you would with the same strictness and severity weigh and examine your Messages and Expressions to Us as you do those ye receive from Us for We are very Confident that if you examine our Rights and Priviledges by what our Predecessors have enjoyed and your own Addresses by the usual Courses of your Ancestors Ye will find many Expressions in this Petition warranted only by your own Authority which indeed we forbear to take Notice of or to give Answer to lest we should be tempted in a just Indignation to express a greater Passion than we are yet willing to put on God in his good time We hope will so inform the Hearts of all our Subjects That We shall recover from the Mischief and Danger of this Distemper on whose good Pleasure We will wait with all Patience and Humility But as soon as the Lords Justices and Council of Ireland had Notice of his Majesties intentions to come personally into Ireland they wrote him a dutiful Letter of Thanks and Encouragement to proceed in his intended Voyage which may be seen at large Husbands Collections 148. And on the Thirteenth of August 1642. His Majesty sent a Message to the House of Commons To retract an Order they had made to dispose of One hundred thousand Pound of the Adventurers Money contrary to the express Words of that Act of Parliament and to the great prejudice of the Affairs of Ireland To which they Answer that That Message is a high breach of Priviledge that they Heartily designed the relief of Ireland and have been retarded and diverted from that Pious and Glorious work by the Traiterous Counsels about the King as may appear 1. By His Majesties not Countenanceing them in their Endeavours for that End 2. By His Majesties so late issuing of Proclamations against the Rebels and then limiting the number to Forty 3. By discouraging the Adventurers by his Absence from the Parliament 4. By refusing Commission to Lord Wharton for whom the Parliament had prepared Five thousand Foot and Five hundred Horse to Land in Munster 5. By calling away the most useful Men from that Service as Charles Floyd Engineer Captain Green Comptroller of the Artillery and others 6. By seizing on Six hundred Cloaths near Coventry that were designed for the Service of Ireland and by doing the like to Three hundred Suits of Cloaths and a Chest of Medicaments near Chester 7. By seizing the Draught Horses designed for Ireland at Chester 8. By quartering Soldiers in the common Road towards Ireland so that no relief can pass to that Kingdom 9. By withdrawing the Captains Ketleby and Stradling and their Frigats from guarding the Irish Coast 10. By receiving a Petition from His Majesties Catholick Subjects of Ireland complaining of His Puritan Parliament of England and desiring that since His Majesty does not come to them they may come to him Nevertheless they do protest before Almighty God that they have as great a Compassion and Sorrow for their distressed Brethren in Ireland as if themselves were in their Case and will endeavour to relieve them notwithstanding the Obstructions of all Opposers and that tho' they were forced to borrow that One hundred thousand Pound upon a great Exigency yet it shall be without prejudice to the Affairs of Ireland because they will make a real and speedy Repayment of the same that it may appear whether the King and his Cavaleers or the King and his Parliament do most affect and endeavour the setling of true Religion and a firm and constant Peace within that bleeding and distressed Kingdom To this the King made a Reply which in Effect was That He did not design to prejudice the Service of Ireland but refus'd to give Commissions because He was not sure but they would be made use of against himself and that He sent Proclamations against the Irish Rebellion both in number and time as the Lords Justices desired And as to this latter Point I can assure the Reader that I have seen Authentick Copies of the Lord Justices Letters and that they did write at first but for twenty Proclamations and in a Second Letter they desired but Forty which accordingly they had sent them and therefore I have very much wondered at an Objection so groundless which nevertheless made a great noise at that time But it is also necessary to inquire how the Irish managed their Affairs and what Methods they us'd to cement their Confederacy and manage the War And first We shall find their Titular Clergy assembling in a Congregation at Kilkenny on the Tenth of May where they made Orders which are recited at large Burlace Appendix 7. and are to this effect That whereas their War is undertaken against Sectaries and Puritans for Defence of Religion Maintenance of the King 's Rights and Prerogative for their Gracious Queen so unworthily abused for the Honor Safety and Health of the Royal Issue for the Liberties of the Kingdom and their Lives and Fortunes as by the unanimous Consent of almost the whole Kingdom in this War and Union appears They therefore declare that War openly Catholick to be Just and Lawful And whereas the Adversaries do publish Letters and Proclamations to be the King 's which are not His none such are to be believed until it be known in a National Council whether they truly proceed from Him left to His own Freedom and that there be an Oath of Union or Association and that there be no distinction of Families or Provinces or between Old and New Irish and that there be a Council of Clergy and Nobility in every Province and a General Council of the Kingdom and that Embassies from one Province shall redound to the Good of all and especially to that Province which hath most need of such Supplies as shall be sent by Foreigners and such Embassadors shall negotiate for a Neighbouring Province according to its Exigencies and that a faithful Inventory be made of the Burnings Murders and Robberies done by the Puritans with Circumstance of Time and Place and a faithful sworn Messenger be appointed to that purpose in every Parish and that Prisoners be not enlarg'd without Consent of all the Provinces and that Adversaries to one Town or Province shall be so to all and that Peace be not made but by Common Consent of the whole Kingdom and an Oath to be taken to that purpose ☜ and all Refusers of that Oath to be held Enemies and prosecuted as such and that the Clergy preserve Peace and Unity amongst the
Error proceeded from the Excess of his Loyalty and that all this was done to hasten the Considerable Succors of Ten thousand Men unto him That it was to no purpose to consult Ormond in the Point since it was manifest and he had often declar'd as much when the like Articles were formerly propos'd that he would rather quit the Government than consent to Articles so prejudicial to the Protestants That the Earl had done it with all the Caution and Secresie imaginable even to the enjoyning it by Oath so that it did not come to be discovered but by an extraordinary Accident and that His Majesty remain'd not positively obliged because of the Defeasance mentioned also Appendix 27 So that the Penalty was only That the Army should not serve him till he did ratifie the Agreement and when the Army was once in England the Earl thought that the Articles would easily have been moderated by mutual Consent rather than it should go back again re infecta All these things being considered His Majesty was at length reconcil'd to the Earl and on the Eighth of July 1646. by Mr. Walsingham sent his Lordship a most kind and gracious Letter containing great Assurances both of Favour and Friendship On the other side the Confederates were netled at Glamorgan's Commitment and the Supreme Council by their Agents did on the Third of January offer to engage for his Appearance and suggested that Three thousand Men were ready to be sent to the King so that nothing was wanting but Shipping for their Transportation and the Liberty of their design'd General And on the 36th they renew their Solicitation and refuse to resume the Treaty until he be releas'd and urge that his Consinement retards the Succors intended for Chester And so on the 21th of January on his own Recognizance of 20000 l. and the Earls of Kildare and Clanrickard of 10000 l. apiece that he should appear on Thirty days notice he was enlarg'd and soon after went to Kilkenny where these Three things were recommended to his Care viz. 1. To hasten the Commissioners to conclude the Peace 2. To expedite the 3000 Men to the Relief of Chester And 3. To get 3000 l. to help pay the Army To which he return'd these Answers viz. To the First That they will renew the Treaty as soon as the Assembly hath digested Matters for the Commissioners To the Second That they are ready and shall be sent as soon as the Peace is concluded And to the Third That it cannot yet be done But Glamorgan's Peace being thus discovered and thereupon disownd and dissolv'd the Confederate Commissioners began to think seriously of making a more firm and lasting Agreement with the Marquis of Ormond who to hasten the Peace aâ—d consequently the Succors had sent his Assent to the Articles in the very Terms propos'd and acquiesc'd in by the Irish Commissioners at the last Meeting But the Case was altered and the Nuncio and the Clergy and their Party who would not be contented with any thing less than Glamorgan's Concessions thinking His Majesty's Condition to be so low and distressed that he would be necessitated to purchase their Assistance at their own Rate gave all the Obstruction they could to the present Agreement This unexpected Opposition to the Peace Nihil se quod alicujus esset momenti in rebus pacis que belli inconsulto Nuncio esse facturos decreverint Beling 15. very much embroil'd the Confederates so that they knew not what to do for on the one side they saw the Advantages yea even the Necessity of the Peace and yet it was against the Grain to determine a Matter of that Importance without the Consent of the Nuncio In this Strait they had recourse to a General Assembly which met in January following and the Nuncio representing his Master sate as President of it and they sent a Letter of Thanks to the Pope for the great Favour of sending them an Embassador The greatest and wisest Part of the Assembly were for the Peace and therefore did assert That the King had granted all the Temporal Conditions they desired and such as would infallibly render the Popish Party triumphant in that Kingdom and that it would be easy to get more on a fitter Season or when they should find occasion to ask again that even as to Spirituals they had Liberty of Conscience and all that was necessary to the Exercise and Enjoyment of Religion and that nothing was wanting but what served for Pomp or Ostentation and since His Majesty's Circumstances could not admit the granting of that publickly they ought to trust the King 's good Inclinations manifested to them as well by the Earl of Glamorgan as otherwise They own'd that they ought to obey the * * Summi Pontificis nutus arbitrii rationem ut par est se habere omnes prâ—fitebantur Ibid. 21. Pope's Pleasure in this matter but they denied that the Pope was against their Opinion on the contrary when his Holiness asked Mr. Beling How the Queen was enclined to the Irish and was told That he thought Her Majesty was well affected to them for that she had lately wrote a Respectful Letter to the Supream Council of the Confederate Catholicks of Ireland by that Title the Pope replied That it was no wonder if the most Serene King thought it unsafe publickly to grant the Irish the Conditions they demanded lest it might disoblige His Protestant Subjects and therefore A CONNIVANCE ought to content them for the present And accordingly the Pope did approve of the first Cessation and the continuance of it On the other side the Popish Clergy who will never be satisfied without the * * Nisi concessis tam Basilicis quam prediis Ecclesiasticis Ib. 18 177. Ecclesiastical Revenues and the Patrimony of the Church did as stifly urge That the Lord-Lieutenant should be beaten into better Terms and that if his Quarters were streightned and some few of his Garisons taken he must be forced to comply with their Demands In a word they sacrificed the Publick Peace to their Private Interests and Ambition and shewed but small regard either to His Majesty's Emergencies or the publick Tranquillity and with these sided the beggarly Nobility and Gentry and the deluded Multitude who are easily deceived by specious Pretences especially of Religion and the sooner if they are made under the umbrage of Apostolical Authority However the major Vote had then prevailed if the Nuncio had not again come into the Assembly and protested as his manner was upon the word of a Prince That an * * Sir Kenelm Digby Ambassador from the Queen was even by the ††Etiam rege consentiente Beling 24. King's consent at that instant treating a Peace with the Pope for the Irish and therefore conjured them not to precipitate any thing in so important a matter nor by concluding a dishonourable Agreement so scandalous to the Church to prevent a more glorious
the Duke to proceed by Advice of the General Assembly and all agrieved Parties in case of Inequality to seek Redress from the General Assembly XVIII For Liquidating and Stating the Duke's Disbursements a certain Method shall be agreed on between the Duke and the said Transactors but for the persons to be intrusted in that Charge the General Assembly is to alter them at their pleasure XIX The Duke shall make no Peace nor Cessation without the Lord-Deputy or General Assembly XX. The Lord-Deputy and General Assembly shall make no Peace without the Consent of the Duke ☜ July 12th 1651. Signed Charles of Lorrain But the Secret and Intâ—igue of these Articles lay where one would have least suspected it viz. in the second Article for though it seem to be meer Formality and to contain only matter of Respect and Complement to the Pope yet it was the most effectual Article of all and served the Duke to these two purposes first to oblige the Bishop of Ferns and such other giddy and restless Zealots that were Favourites of the Court of Rome and secondly to delay the Execution of the Agreement until this previous Article should be first performed and accordingly the Duke of Lorrain the Bishop of Ferns the Lord Taaf Sir James Preston and Sir Nicholas Plunket signed a formal submission to the Pope Vide The Submission at large Vindiciae eversae p. 85. in the Name of the Kingdom of Ireland and therein supplicated his Absolution from the Censures and Excommunication of the Nuntio and in the mean time till that could be accomplish'd his Highness thought it enough to Succour the Irish with the following Letters To the Marquess of Clanrickard SIR THE stay which the Gentleman Abbot of St. Katharine made with you and his long Navigation by the Northern Sea having brought much delay as well to his Return as to the disposal of Affairs here I could not sooner dispatch unto you than by this Galliot by which Mr. Plunket and Mr. Brown your Deputies have in charge more at large to give you to understand the conclusion of the Treaty I have made with them to the greatest advantage that one cou'd desire for the Good of the Catholick Religion the Service of the King and Re-establishment of the Kingdom which are the only Ends that I have proposed unto Myself Moreover the satisfaction which the Queen and Duke of York have shewen unto Me shall as I hope be followed by that of all good People the Fidelity of whom hath hitherto appeared without Reproach in a time when it seems they had no other recourse but to themselves I believe they will continue to make it good being as they are invited thereunto by the part which I have taken in their preservation preferring it to that of my own Dominions and to the urgent Necessities of my Affairs touching which and the Assistances which I am with all care and diligence possible preparing I beseech you to make known to the good and faithful Subjects of the Kingdom and in your own particular to take all assurance of the Esteem which I make of your person and the desire which remains with me on all Occasions to acknowledge its merit where I may make Myself known SIR From Bruxells Sept. 10. 1657. Your Affectionate Friend to Serve You Charles Lorrain To the MAYOR COUNCIL and CORPORATION of GALWAY Honoured Sirs OF the Agreements made between Me and the Agents of that Kingdom I leave to them to inform you more particularly of which they have taken the Charge I do not think that they will omit how unchangeable and constant I am notwithstanding the ill Rumours of your Affairs and the great and urgent necessity of my own I choose to prefer your Good before all Private and Publick Occasions of my own as well as I confide that you to the uttermost will remain constant in your Intent to Defend Religion and Country to a high great hope of your Fortitude Bear in mind that the Success of the Enemies is hitherto permitted by the Providence of God to the end to reserve the chief Glory of Vindicating the Kingdom and Religion to you and the Limericians As they have performed their part most nobly I doubt not but when the Occasion of promoting the Cause is offered you also will perform and shew the like Example of Constancy with happy Emulation In the mean time least the delay of supply which proceeded of the slow return of the Abbot of St. Katherine would put you in any doubt of my Mind while with all Care and Diligence to provide and send them Supplies I thought fit to hasten the sending thither of this Barque by which I might assure your hopes of me and for my hope of you Most Worthy People Your most Affectionate CHARLES LORRAIN Dated at Bruxells Sept. 10. 1657. But the Lord-Deputy was not at all satisfied with the Articles of Agreement or these Letters as will appear by his Excellency's Answer which was as followeth May it please your Highness I Had the Honour on the 12th of this Instant to receive a Letter from your Highness dated the 10th of September wherein you are pleased to express your great Zeal for the Advancement of the Catholick Religion in this Kingdom your great Affection to the King my Master and your good Opinion of this Nation and your compassion for their Sufferings and your great readiness to afford them Aid and Assistance even equal with your own nearest Concernments and that your Highness received so great satisfaction from the Queen and Duke of York as did much strengthen those Resolutions so as they might sooner appear but for the stay made here of Monsieur St. Katherine and his long Northern Voyage upon his return and referred what concern'd the Agreement to the relation of those Commissioners I had imployed to your Highness to treat upon that subject of Assistance and Relief for this Kingdom I with much alacrity congratulate your Highness's pious Intentions for the preservation of the Catholick Religion your Great and Princely Care to recover His Majesty's Rights and Interests from his Rebellious Subjects of England and the high Obligation you put upon this Nation by your tender regard of them and desire to redeem them from the great Miseries and Afflictions they have endured and the imminent Dangers they are in And it shall be a principal part of my Ambition to be an useful Instrument to serve your Highness in so Famous and Glorious an Enterprize And that I may be the more capable to contribute somewhat to so Religious and Just Ends First in discharge of my Conscience towards God my Duty to the King my Master and to disabuse your Highness and give a clear and perfect Information so far as comes to my Knowledge I am obliged to represent unto your Highness that by the Title of the Agreement and Articles therein contained made by those Commissioners imployed to your Highness ☞ and but lately come
Irish Rebels and finding how they are in all likelihood in danger to be overborn by the power and potency of their said Adversaries do in all humility beseech your Lordships first to call to mind that his Majesty hath by his Royal assent unto an Act of Parliament obliged himself not to grant any Pardon or terms of Peace to the aforesaid Rebels without the consent of his Parliament of England and accordingly that your Lordships would not suffer any part of his Majesties Honour to be betrayed to calumny in assenting to such packed terms of Peace as they have already contrived to draw your Lordships unto without the consent of the said Parliament of England and without admitting your Petitioners to a free and full debate of the cause whereby they may vindicate his Majesty and themselves from that unnatural aspersion which the Irish would maliciously fasten on them by making the one the fauter and the other the occasion of their Rebellion And that the matter may not be carryed with such indulgency towards them as that to extenuate their real enormities your Petitioners must be made guilty of imaginary crimes and undergo a heavier censure for demanding Justice than they for perpetrating all their Treasons and that their Lives Fortunes and Posterities and which is dearest their Religion may not be sold or sacrificed to the malice of the Irish Papists or if this lawful favour shall be denied them that they may have leave to protest against any such fatal and destructive conclusions as are in hand to be made with the aforesaid Irish Rebels without consent of the King and Parliament or your Petitioners privity and that their fictious pretences of assisting his Majesty wherewith they have too long already abused himself and his Ministers on purpose to protract the War in England may not be a sufficient wile to delude your Lordships any longer but that your Petitioners and not Persons disaffected to their Religion and Nation now to be preserved or ruined may be heard to plead in this cause before any Judgment be given therein and that the Examples of their former and frequent breaches of the Cessation yet unrepaired may be accounted a reasonable caution to your Lordships to expect little better observation of any Peace that shall abridge them of their devilish designs And your Petioners shall ever Pray for your Lordships increase of Honour and Happiness Signed by the Lord Broghill the Magistrates of Cork Kinsale Youghall and Bandonbridge and above Three Hundred other Persons Append. XXVI The Articles between Sir Knelme Digby and the Pope Articles to be sent to the Lord Rimucini to be put in Execution in Ireland with Power to add to and take from them according to the present State of Affairs and as need shall be which will be better understood there upon the place 1. THAT the King of Great Britain do effectually grant in the Kingdom of Ireland the free and publick Use of the Roman Catholick Religion allowing the Ecclesiastical Hierarchy to be restored to the Catholicks with all the Churches and Revenues according to the Custom of the said Religion And as to the Monasteries pretended to have been released to the Possessors by Cardinal Pool Legate in the Time of Queen Mary that it be debated in a free Parliament in Ireland what may or can be done in that Point as likewise touching the three Bishopricks that of Dublin and the other two which are in the Hands of the Heretick Protestants under the Obedience of the King 2. That he annul and repeal all the Penal Laws and others whatsoever made aginst the said Catholicks on the Account of their Religion from the beginning of the Defection of Henry the Eighth to this Day 3. That for the better establishing the free and publick Exercise of the Catholick Religion and to add more Force and Security to the Repeal of the said Laws the King do call a Parliament in Ireland independent on that of England 4. That the Government of the Kingdom of Ireland and the principal Offices there be put into the Hands of the Catholicks and that Catholicks be made capable and promoted to Offices Honours and Degrees in that Kingdom in like manner as the Protestants have been till this Time 5. That the King do put into the Hands of the Irish Catholicks or at least such English Catholicks as the Supream Council of Ireland shall approve of the Town of Dublin and the other two which are held in his Name in Ireland 6. That he join his Forces with those of the Irish to drive the Scots and Parliamentarians out of Ireland 7. This being performed by the King and what else may in Ireland be added or altered in these Articles by the Lord Rimucini His Holiness is willing to pay to the Queen of Great Britain a Hundred Thousand Crowns of Roman Money 8. That the said King do repeal all the Laws made against the Catholicks of England and particularly the two Oaths of Supremacy and Allegiance so as they may enjoy their Revenues Honours Liberties and Priviledges as other the Gentlemen of that Kingdom do so that their being Catholicks shall be no manner of prejudice to them and that in the first Parliament or other Settlement of the Affairs of England His Majesty do approve and confirm the aforesaid Repeal and in the mean Time that they do actually enjoy all manner of Equality with the Protestants 9. That an Agreement be made between the King and the Supream Council of Ireland to transport into England a Body of an Army of Twelve Thousand Foot under Irish Commanders and Officers to whom shall be joyned Three Thousand or at least Two Thousand Five Hundred English Horse under Catholick Commanders upon such Conditions to be adjusted between them concerning the Government of the Army the Ports of their Landing and Places of Security as shall be adjudged just and convenient 10. When the said Forces shall be entred into England and joyned together in any Place His Holiness will pay the first Year a Hundred Thousand Crowns of Roman Money by a Monthly Proportion the same to be continued the second and third Year as â—â—is Forces shall stand and according to the Advantage that shall â—e made by the said Army 11. And lastly because the first six Articles may speedily be put in Execution His Holiness will expect the performance of them in six Months from the Date of these Presents and as to the Eighth and Ninth that require perhaps longer Time he will stay four Months more besides the Six beyond which he will not be tyed to this present Promise At Rome the 30 th Day of November 1645. Append. XXVII The Articles made by the Earl of Glamorgan WHereas much time hath been spent in meetings and debates betwixt His Excellency James Lord Marquess of Ormond Lord Lieutenant and General Governour of His Majesties Kingdom of Ireland Commissioner to His most Excellent Majesty Charles by the Grace of God King of
REX ET REGINA BEATI HONI · SOIT · QVI · MAL · Y · PENSE · R. White scul Printed for Ioseph Watts in S t Pauls Church Yard HIBERNIA ANGLICANA OR THE HISTORY OF IRELAND From the Conquest thereof by the ENGLISH To this Present Time WITH An Introductory Discourse touching the Ancient State of that Kingdom and a New and Exact Map of the same PART I. By RICHARD COX Esq Recorder of Kingsale Ardua res est vetustis novitatem dare obsoletis nitorem obscuris lucem dubiis fidem Plin. Attamen audendum est veritas investiganda quam si non omnino Assequeremur tamen propius ad eam quam nunc sumus tandem perveniemus LONDON Printed by H. Clark for Ioseph Watts at the Angel in St. Paul's Church-Yard MDCLXXXIX TO THEIR Most Excellent Majesties WILLIAM AND MARY By the Grace of God King and Queen OF England Scotland France and Ireland Defenders of the Faith c. May it please Your Majesties I Should not presume to lay this Treatise at Your Royal Feet but that it concerns a Noble Kingdom which is one of the most considerable Branches of Your Mighty Empire It is of great Advantage to it that it is a Subordinate Kingdom to the Crown of England for it is from that Royal Fountain that the Streams of Justice Peace Civility Riches and all other Improvements have been derived to it Campion 15. so that the Irish are as Campion says beholding to God for being conquered Davis 2. And yet Ireland has been so blind in this Great Point of its true Interest that the Natives have managed almost a continual War with the English ever since the first Conquest thereof so that it has cost Your Royal Predecessors an unspeakable Mass of Blood and Treasure to preserve it in due Obedience But no Cost can be too great where the Prize is of such Value and whoever considers the Situation Ports Plenty and other Advantages of Ireland will confess That it must be retained at what rate soever because if it should come into an Enemy's Hands England would find it impossible to flourish and perhaps difficult to subsist without it To demonstrate this Assertion it is enough to say That Ireland lies in the Line of Trade and that all the English Vessels that sail to the East West and South must as it were run the Gauntlet between the Harbours of Brest and Baltimore And I might add That the Irish Wool being transported would soon ruine the English-Clothing-Manufacture Hence it is that all your Majesties Predecessors have kept close to this Fundamental Maxim Of retaining Ireland inseparablely united to the Crown of England And though King Henry II may seem to deviate from this Rule by giving the Kingdom to his Son John yet this is to be said for him That he thought the Interest and Expectations his Son had in England would be security enough against his Defection and the rather because he could not then keep Ireland without continual Aids and Supplies from hence However this very Example was thought so dangerous that Ireland was never given away since that time except once by Henry the Third and then only to the Prince who was his Heir apparent and on this express Condition Ita quod non separetur a Corona Angliae I do not mention that unaccountable Patent to Robert de Vere Earl of Oxford and Duke of Ireland not only because there was a Tenure by Homage reserved so that it was not a total Alienation and because it was but for Life and cum mixto Imperio but chiefly because it never took effect so that it was but Vmbratilis Honor cito evanuit But it is needless to tell your Majesties That Ireland must not be separated from England or to solicit your speedy Reduction of that Kingdom since the loss of it is incompatible with Your Glory and to suffer the Ruin of four hundred thousand Irish Protestants meerly for their adherence to Your Majesties and their Religion is inconsistent with your Goodness But in Truth the Recovery of Ireland was not proper for Your Majesty's Undertaking until it became difficult beyond the Hopes of others any Body can do easie things but it is Your Majesty's peculiar Talent to atchieve what all the rest of the World think Impossible Your Majesty did so in buoying up a sinking State and restoring it to a more Glorious Condition than ever it was in before And Your Majesty did so again in retrieving from Ruine two expiring Kingdoms that were at their last Gasp and the Recovery of the third is all that remains to consummate your Glory and make You the Darling both of Fame and of Fortune And when that is done Madam the bright Example of your Majesty's Virtue and Piety will influence that degenerate Nation to such a degree of Reformation and Religion as will restore that Kindgdom to its ancient Appellation and Ireland will again be called Insula Sacra That Your Majesty's Glorious Designs for the Advantage of England and the Recovery of Ireland for the Propagation of the Protestant Religion and for the Good of Mankind may be blessed with Success suitable to Your Majesty's Generous and Pious Intentions And that Your Majesties long and happy Reign here may be crowned with Everlasting Happiness hereafter shall be the fervent as well as daily Prayers of May it please Your Majesties Your Majesties most Dutiful most Loyal and most devoted Subject R. COX TO THE READER SInce Ireland is reckoned among the Principal Islands in the World and deserves to be esteemed so whether you consider the Situation of the Country the Number and Goodness of its Harbours the Fruitfulness of the Soil or the Temperature of the Climate it is strange that this Noble Kingdom and the Affairs of it should find no room in History but remain so very obscure that not only the Inhabitants know little or nothing of what has passed in their own Country but even England a Learned and Inquisitive Nation skilful beyond comparison in the Histories of all other Countries is nevertheless but very imperfectly informed in the Story of Ireland though it be a Kingdom subordinate to England and of the highest importance to it This could never be so if there were extant any compleat or coherent History of that Kingdom which indeed there is not those relating to the Times before the Conquest being Fabulous and those since but Scraps and Fragments As for those Histories that treat of the Times before the English-Conquest Doctor Keating's is the best and is exceedingly applauded by some that did and others that did not know better Prospect in Pref. 13. Peter Walsh thinks 't is the only compleat History that we have of all the Invasions Conquests Changes Monarchs Wars and other considerable Matters of that truly ancient Kingdom But after all it is no more than an ill-digested Heap of very silly Fictions And P. W's Prospect which is in effect the Epitomy
in this great Adversity the Kingdom of Leinster would be lost for ever Fitz-Stephens answered That the English had forsaken their Dearest Friends and Native Soyl for his sake that they had burnt their Ships and had already ventured their Lives in his Quarrel and therefore happen how it would they would live and dye together Be you true to us said he and we will not be false to you Your Royal Courage should contemn these Accidents which will soon be at an End for either Death which is the common Fate will in a little time deliver us with Honour from these Streights or a glorious Victory will place us above all those Difficulties which now seem so terrible Dermond was much encouraged by this Speech however because his Army was much inferior in number to that of his Enemies he did by Fitz-Stephens his Advice retreat to an inaccessible Fastness by Ferns which by plashing of Trees and making Entrenchments he soon rendred impregnable But Rotherick wisely considering the Difficulty of the Attempt and the incertain Events of War tryed severally and apart both Dermond and Fitz-Stephens to persuade them by fair means to an Agreement to Fitz-Stephens he sent Presents in the nature of a Bribe together with Lettâ—rs to this effect THE Britains may not by Law of Arms Hanmer 115. display their Ensigns in Foreign Possessions nor dispossess the Lawful Heirs of their Inheritance but they are with Licence of the Irish to pack Home It is a Blemish to their Nation to give Aid to a shameful Fact Neither may the Lechery of Dermond be mantled under British Cloaks Wherefore depart and forsake him that is forsaken of God and Man and here by my Messenger receive to defray your Charges and transport you to your Native Soyl. But the Monarch was mistaken in the Man for Fitz-Stephens returned this Answer YOur Present I will not accept nor will I break the Faith and Troth I have promised to my Friend Dermond he forsakes not me I will not forsake him neither leave him distressed You speak of Lechery what is that among Martial Men I hear you have Bastards your self To what End is your Embassie If Rotherick give Counsel we need it not if he prophesie we credit not his Oracle if he command as a Prince we obey not his Authority if he threaten as an Enemy a Figg for his Monarchy So finding himself out in his Politicks he prepares to force them to that which he could not persuade them to and to encourage his Soldiers suggests to them That Dermond designed to extirpate the Irish Nation and to that end had brought in the most hateful Enemies they had that he was more cruel than a Beast and no Mercy was to be expected from him that unless this Civil War was by their Valour immediately ended it would prove the Ruine of their Nation that their Enemies were easily to be subdued whilst their Number was few and their Means inconsiderable and that if they lost this Opportunity their Country was lost for ever Dermond in like manner made a Speech to his Followers setting forth That they had Powerful and Brave Assistants the English whose Valour has been approved and that their Faithfulness was undoubted because they had sworn it had burnt their Ships and could expect no Mercy from their Enemies That their Cause was Just in defence of their Prince and Country that Rotherick was a Tyrant had three Wives then alive and eleven Bastards he murthered his Natural Brother was guilty of innumerable Murders Thefts Lyes and Debaucheries and had no other End in all his specious Pretences than the enslaving them and their Children But after all this the Reputation of the English kept Rotherick in Fear and obliged him to continue his Endeavours for Peace and Dermonds Condition and approaching Wants obliged him likewise to make a Peace he never designed to keep any longer than he needs must so by the Mediation of some Good Men they at last came to this Conclusion First That Dermond renewing his Homage should be restored to his Kingdom of Leinster Secondly Lib. P. Lamb. That he should dismiss the English as soon as he was setled But this Article was private Thirdly That his Son Cothurne should be Hostage for performance thereof and as soon as the English were gone then Dermond's Son should be married to Rothericks Daughter The Hostage was accordingly delivered and all quiet when Maurice Fitz-Gerald landed at Waxford with ten Knights twenty Esquires and one hundred Archers with which Recruit Dermond marched to Dublin to reduce that Rebellious City which was without much Resistance surrendred upon Articles and so they renewed their Oaths of Allegiance and gave Hostages for their future Obedience In the mean time Rotherick with his Army went to demand Chief Rent of Danald Prince of Limerick who was Dermond's Son-in-Law but Dermond under-hand procured Fitz-Stephens who stay'd behind him to build his Castle of Carrick near Waxford to step to Danald's Assistance and the Issue was That Rotherick was baffled and forced to return without without his Chieffry With this Success Dermond was encouraged to Higher Designs Hanmer 119. and daily consulted with the English Lib. P. Lamb. how he might recover the Monarchy of Ireland which his Ancestors formerly enjoyed and to which he pretended a Title He offered his Daughter Eva to Fitz-Stephens and Fitz-Gerald and made them many large Promises if they would recruit their Forces and assist in the Design but they were married and could not accept the Offers nor were they able to go through with so great an Undertaking and therefore they advise him to solicit Strongbow once more to so noble an Exploit It seems Strongbow was hindred by the King for upon receipt of Dermond's Letters he went to his Majesty desiring Leave to seek new Territories in Ireland or to be restored to his old Estate in England Campion 59. The King wearied with his Importunity said to him in Passion I wish you were gone Which Strongbow takes for a Licence and away he goes and prepares as fast as he can for his Irish Voyage Before him he sent Reymond Le Gross 1171. with ten Knights forty Esquires and eighty Archers who came in May 1171 and landed at Dondowrough eight Miles east of Waterford and entrencht themselves as well as they could The Waxfordians and their Neighbours to the number of three thousand under Mac-Kelan Prince of Ophelan and O Rian of Odrone came down by Land and Water attack'd the English Hanmer 120 and beat Reymond into his Entrenchment but the English rendred desperate by the Danger made a second Salley and the Enemy being negligently and disorderly scattered they slew five hundred of them and took seventy principal Citizens whom by the Advice of Hervey immediately they drowned Strongbow came on the twenty third of August and landed in the Haven of Waterford 1171. with two hundred Knights and more than one thousand Soldiers
take any notice of Ireland and therefore we take no further notice of him than to give this brief Account of the Reason of our Silence in that Particular Hugh de Lacy was made Lord Justice of Ireland as aforesaid And as soon as he arrived he sent Imperious Letters to Courcy to discharge him of his Command and behaved himself so insolently that all was in Disorder Which the Irish perceiving and also that the King of England was preparing for a Voyage to the Holy Land they thought this an happy Opportunity to extirpate the English to which End they had a General Meeting and resolved unanimously to fall upon them Hanmer 169. and in order to it they entred into a League or Association and solemnly swore First To be true to one another and to the common Cause Secondly Never to yield any Obedience to the English again Ibid 162. And to begin the Business they fell upon Roger Poer Governour of Leighlin and barbarously murdered him and most of the Garrison Cormock O Connor Son of Rotherick King of Connaught commonly called Crove Darig because his Hand was red was the chief of the Conspirators he was an Active Valiant Gentleman and of so great Reputation that he was able to assemble twenty thousand Men of his own and the Confederates with which Army he designed first to clear Connaught then Vlster and afterwards the whole Kingdom In the mean Time Courcy Lord of Connaught and Earl of Vlster considering that he should have no Aid nor Help from the Lord Justice endeavoured to strengthen himself the best he could and to that End sent for his Brother S. Lawrence who made more Haste than good Speed for he came away with thirty Horse and two hundred Foot and at Knockmoy in the County of Galway fell into an Ambush the King of Connaught had laid for him and tho' they fought so valiantly that they killed one thousand Irish Men yet the Issue was That this small Army was totally destroyed not one escaping And tho' O Connor in Remembrance and Ostentation of this Victory did there build the Abbey de Colle Victoriae yet when he had well considered the prodigious Valour of that Handful of Men and his own Loss he thought himself necessitated to sue to Lacy for Peace which he soon obtained upon reasonable Conditions About this Time Robin Hood and Litle John were Famous Robbers in England but their Company being dispersed and Robin Hood taken Litle John fled to Dublin and shot an Arrow from Dublin-Bridge to the litle Hill in Oxman-Town thence called Litle John's Shot He was called Litle John Ironically for he was not less than fourteen Foot long believe it who will Hector Boetius affirms The Hole of his Huckle Bone was so big that he could thrust his Hand through it He fled from Dublin to Scotland where he dyed This Year Isabel 1189. only Daughter of Strongbow by Eva Prencess of Leinster was married to William Lord Maxfield Earl Marshal of England He was a great Favourite to King Richard and at his Coronation carried the Regal Scepter whereon was a Cross of Gold He was afterward by King John Hanmer 177. created Earl of Pembrook and had five Sons who were successively Earls and all died without Issue and he had five Daughters among whom his Estate was divided viz. to Joan the County of Waxford to Matilda the County of Caterlough to Isabel the County of Kilkenny to Sybilla the County of Kildare and to Eva the Mannor of Downmass in Leix now the Queen's County in all which they exercised Palatine Jurisdiction Of this Family Thomas Mills in his Catalogue of Honour gives this Account That Richard Earl of Chepstow was nick-named Strongbow because of his exceeding Strength so that he drew an traordinary Srong Bow his Arms were so long that he could stand upright and with the Palms of his Hands touch his Knees That his Daughter Isabel was fourteen Years a Ward to Henry II That her Husband William Earl Marshal was created Earl of Pembrook 27 May 1199 and that she dyed anno 1221 and was buried at Tintern Abbey and that he dyed 16 March 1219. They had five Sons and five Daughters William married Elianor Sister of Henry III and died the sixth of April 1231. Richard died the sixteenth of April 1234. Gilbert married Margaret Daughter of William King of Scotland 1235 and died by a fall from his Horse the twenty eighth of May 1242. Walter died 1245 in Wales and Anselm died the same Month viz the twenty first of December Maud successively married Hugh Earl of Norfolk William Earl of Warren and Walier Lord Dunstanvil Joan married Warren Lord Montchensy the richest Baron in England Isabel married Gilbert Earl of Glocester and afterwards Richard Earl of Cornwal King of the Romans Sybil married William Earl of Ferrers and Darby and Eve married William de Brees Lord of Brecknock and Partition was made between these Noble Coparceners at Woodstock Lib. G. May 3. 31 Hen. 3. About this Time 1190. viz. Anno 1190 the City of Dublin was burnt by Accident 1191. so that it was almost totally destroyed and the Kingdom was governed by William Petit Burlace 11. who held it a very short Time before William Earl of Pembrook and Earl Marshal of England came over Lord Justice or Governour of Ireland he was the third of the Temporal Assistants King Richard had left to the Bishop of Ely for the Government of England he was a Valiant Man and had a great Estate in Ireland 1191. and therefore was thought the fittest Governour for that Country in this Critical Time whilst King Richard was Prisoner in Austria and Earl John was engaged in Troublesome and Ambitious Designs in England In the Year 1194. the Reliques of S. Malachy Bishop of Clareval Cambden 151. were brought into Ireland and with great Reverence and Devotion deposited in the Abby of Mellifont and other the Monasteries of the Cistersian Order It seems the Reputation or Power of this Noble Governour was sufficient to keep Ireland quiet 1197. for we read of little or no Disturbance there during his Time which was about six Years And then he resign'd to Hanno de valois a Gentleman of Suffolk Lord Justice of Ireland who continued in that Government until the Death of King Richard which happened at Chalons in France on the sixth Day of April anno 1199. John Earl of Moreton and Lord of Ireland did on the Death of King Richard without Title ascend the Throne of England Hubert Archbishop of Canterbury was a great assistant to this Usurpation he told the People That John had the Crown by Election which the King did not then gain-say it being no fit Time to dispute the MANNER so he had the THING he aimed at but the Right was in his Nephew Arthur whom he afterwards got into his Hands and caused him him to be murdered as was at that Time generally reported
the following Order to stop any farther Proceedings upon the aforesaid illegal Writ which I do the rather recite at large because it justifies my Assertion that Ireland is inseparable from the Crown of England since we find the King effectually interpose to rectifie Miscarriages there notwithstanding the aforesaid Donation to the Prince which was as full as it could be worded REX Thesaurario Baronibus de Scaccario Dublin Ibid. 255. Salutem Quia de assensu voluntate Praelatorum Magnatum Terrae Hiberniae dudum fuit provisum concessum quod eisdem Legibus tenerentur in Terra illa quibus homines Regni nostri utuntur in Regno nostro Angliae quod eadem Brevia quoad terras tenementa recuperanda teneant in terra illa quae tenentur in regno praedicto sicut justa Et dicta provisio concessio omnibus retroactis temporibus fuerunt obtenta approbata miramur quamplurimum quod sicut ex insinuatione venerabilis patris Thomae Lismorensis Episcopi accepimus emanare permisistis ex Cancellaria Edwardi filii nostri in Hibernia contra consuetudinem obtentam formam Brevium in regno nostro usitatam Breve infra-scriptum contra praefatum Episcopum in haec verba EDwardus Illustris Regis Angliae primogenitus ad Vic. Waterford Salutem Praecipe Thomae Lismorensi Episcopo quod juste sine dilatione reddat Waltero Episcopo Waterford Maneria de Archmurdeglan Kilmurdri Motha cum pertinentiis quae clamat esse jus Ecclesiae suae in quae idem Episcopus non habet ingressum nisi per Alanum quondam Lismorensem Episcopum cui Griffinus quondam Lismorensis Episcopus qui inde injuste sine judicio disseisivit Robertum quondam Waterford Episcopum predecessorem Episcopi post ultimum reditum c. QUia vero dictum Breve tam dissonum est Stat. Marlbridge cap. 30. contra Leges Consuetudines in regno nostro tentas formas Brevium nostrorum ibidem approbatas praesertim cum Breve ingressus non transeat tertiam personam nec ratione intrationis in terram aliquam post mortem alicujus comperat actio alicui de terra illa nisi illi cui per mortem illam jus debetur in eadem Nec enim dicitur intrusio qui jure haereditario vel ratione Ecclesiae suae succedit Predecessori suo in hiis de quibus idem Predeces fuit seisitus in Dominico suo ut de feodo die quo obiit Vobis mandamus quod si dictum Breve a Cancellaria praedicta in forma praedicta emanaverit executionem ejusdem Brevis supersedeatis revocantes sine dilatione quicquid per idem Breve actum fuerit in Curia praedicti Filii nostri Teste apud Windsor 27 die Januar. Et eodem modo scribitur Adamo le Sole Justiciario Hiberniae intellige de Banco Regis Waleranno de Willesby Sociis suis Itinerantibus ut supra Alan de la Zouch 1255. who had been Chief Justice of the Kings Bench in England Hanmer 199. 34. Hen. 3. was now made Lord Justice of Ireland he had the Misfortune to be slain in Westminster-Hall by John Earl of Warren and Surrey half Brother to the King In his time some Rebel Irishmen were coming to aid the Earl of Chester against the King but Prince Edward with the English Navy had the good Fortune to meet with the Irish Fleet and to sink most of their Ships so that few of the Men were left alive to return Now flourished that famous Mathematician Johannes de Sacrobosco who was born at Holywood in Fingal not far from Dublin and thence had his Name de sacrobosco i.e. Holy wood It seems that the Prince 1258. by Virtue of the aforesaid Grant would have removed the Lord Justice and put another in his Room But the King by the Advice of the Barons of England wrote to the Archbishops Bishops Abbots Priors Barons Brady 674. Knights c. That he heard his Son designed to make a new Justice in Ireland and to put his Castles into such Hands as it might be great Damage and not without fear of their disinheriting and therefore commands them not to obey such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by Advice and Assent of his Council After the same manner he wrote to all the Mayors and Communities of Cities and Towns in Ireland and to the Constables of Castles and also commanded Alan de la Zouch his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents But it seems this Matter was setled for the next Year we find Stephen de long Espee 1259. Lord Justice some call him Earl of Salisbury and Burlace stiles him Earl of Vlster but I think there is no Ground for either of the Titles he encountred O Neale and slew him and three hundred fifty two Irishmen in the Streets of Down 1260. but not long after the Lord Justice was betrayed and murdered by his own People And thereupon William Den was chosen Lord Justice In whose Time the Mac Carthyes plaid the Devil in Desmond they are the Words of my Author and by Ambuscade surprized and slew Thomas Fitz-Girald and John his Son 1261. at Calan in Desmond together with many Knights and Gentlemen of that Family whereupon the Carthyes grew so high that for the space of twelve Years the Giraldines durst not put a Plow in the Ground in Desmond Hanmer 201. until some Fewds arose between the Irish of Carby and Muskry and between the Carthyes Driscols Donovans Mahonyes and Swinyes so that they also weakned and destroyed one another and the Giraldines began to recover their Power and Authority again But the Lord Justice died this Year and Richard de Capella or Capel was made Lord Justice In his Time arose a great Contention between the Prior and Convent of Christ-Church and the Corporation of Dublin about the Tith-Fish of the River Liffy The Burks and the Geraldines quarrelled about some Lands in Connaught to that degree that they filled the whole Kingdom with War and Tumult and Maurice Fitz-Maurice Fitz-Girald not the Earl of Desmond but the same that afterwards anno 1272 was Lord Justice and John Fitz-Thomas afterwards Earl of Kildare at a Meeting at Castle-Dermond seized upon the Lord Justice and Richard Burk Heir apparent of Vlster afterwards called the Red Earl Theobald Butler 1264. Miles Cogan c. and imprisoned them in the Castle of Ley. But soon after a Parliament met at Kilkenny and ordered them all to be released which was done accordingly In the mean Time the King wrote to the Arcbishop of Dublin the Bishop of Meath his Treasurer Walter de Burg or Burk 1265. Maurice Fitz-Maurice Fitz-Girald That he heard there was like to be great Dissention between the great Men of Ireland and therefore ordered
them to secure the Peace of the Nation And sent them farther private Instructions by Robert Waspail who carried those Letters to whom he commanded them to give Credit And not long after the Lord Justice was removed and David Barry the worthy Ancestor of the Noble Family of Barrymore was made Lord Justice 1267. he so managed the Giraldines that he took from them the Castle of Sligo and all their Lands in Connaught and thereby put an End to those Wars and Differences that were between them and the Burks And in his Time the Friers Preachers were setled at Ross Kilkenny and Clonmel Sir Robert de Vfford was made Lord Justice of Ireland 1268. and began to build the Castle of Roscomon In his Time Cnoghor O Brian of Thomond was slain i.e. murdered by Dermònd mac Monard and Maurice Fitz-Girald not of Desmond as the Annals say but Son of Maurice Lord Justice anno 1272 was drowned between Ireland and Wales And about this Time came over a Writ from the King to levy Aurum Reginae for Elianor the Prince's Wife as was used in England which you may read at large 4 Inst 357. On which I will make but this one Remark That if the Sovereignty of Ireland were in the Prince how comes the King to send the Writ But it will evidently appear by the following Writ That the Prince had not the Sovereignty of that Kingdom CVm Rex per Cartam suam concessit Edvardo 52 Hen. 3. primogenito suo Terram suam Hiberniae cum pertinentiis Lib. GGG c. habendum sibi haeredibus suis Lambeth ita quod non separetur a Corona Angliae idem Edvardus sine Licentia Regis alienationes quorundam terrarum tenementorum spectantium ad Terram praedictam fecerit contra tenorem feofamenti Regis quod idem rex sustinere voluit ideo nunc dedit potestatem mandatum nepoti suo filio Regis Alemani the Son of Richard Earl of Cornwal King of the Romans revocandi omnia maneria terras tenementa quae dictus Edvardus filius Regis sic alienavit post feofamentum praedict c. Richard de Excester 1269. Lord Justice In whose time Othobon the Pope's Legate made excellent Constitutions at London He made a more firm Peace and Reconciliation between the Burks and Giraldines And not long after died and Sir James Audly 1270. or de Aldethel was made Lord Justice and had a very unfortunate Government of it for the Irish were every where troublesome Fragm M. S. Quasi omnes Hiberni guerraverunt omnes munitiones Fortifications in Ophaly praeter Castrum de Lega Ley destructi sunt Anglici inde expulsi magna strages utriusque nationis facta est in Connacia The Irish burn'd spoil'd destroyed and slew as well Magistrates as others and the King of Connaught in plain Field defeated Walter Burk Hanmer 202. Earl of Vlster and killed a great number of Nobles and Knights and particularly the Lords Richard and John Verdon and a great Famine and Pestilence the natural Consequences of War spread over all Ireland and sorely afflicted the whole Kingdom The Castles of Aldleck Roscomon and Scheligah perhaps Sligo were destroyed Nevertheless the Pope without Regard to these Universal Calamities required the Tiths of all Spiritual Promotions for three Years to maintain his Wars against a Christian King viz. of Arragon and tho' the People murmured and their Poverty and Misery pleaded loudly for them yet the rapacious Nuntio would not go empty away On the 23 of June 1272. the Lord Justice was killed by a fall from his Horse in Thomond and Maurice Fitz-Maurice Fitz-Girald was made Lord Justice 1272. and so continued till the sixteenth Day of November at which time the King died in Peace and full of Days in his Palace at London having reigned longer than any King since the Conquest viz. six and fifty Years c. THE REIGN OF EDWARD I. King of England c. And LORD of IRELAND EDWARD the First from the Talness of his Person Nicknamed Long-shanks succeeded his Deceased Father in all his Dominions on the 16th Day of November 1272 but he being at that time absent in the Holy Land the Nobility took care to keep all quiet until his Return and then on the 15th Day of August 1274. he was Crowned by Robert Archbishop of Canterbury Maurice Fitz-Maurice Fitz-Girald continued Lord Justice and to him Ware de pres 34. and to Hugh Bishop of Meath Lord Treasurer and to John de Sandford Escheator was a Writ sent December 7. 1272 Commissioning them to receive the Oaths of Fealty and Allegiance to the new King of all the Nobility Gentry and Commons of Ireland And the Lord Justice had another Writ of the same Date to proclaim the Kings Peace and to preserve it wherein 't is said That the King is willing and able by Gods Help to defend and do Justice to his People great and small And the Government of England being informed Prin. 256. That Avelina Countess of Vlster and Widow of Walter de Burgo had been endowed illegally both as to Quantity and Quality a Writ issued in the Kings Name to the Seneschal of Vlster to rectifie that Matter according to the Law and Usage of England In the mean time the Irish took advantage of the Kings absence from England and thought it an opportune Season to rebel 1273. they destroyed the Castle of Roscomon Aldleek Scheligath and Randon and found means to corrupt some of the Lord Justice Followers whereby he was betrayed into their hands in Ophaly and there taken and imprisoned whereupon Walter Genevil newly returned from the Holy Land was sent over Lord Justice Octob. 1273. to him a Writ was sent not to molest the Archbishop of Cashel for any Debts due from him to the King till his Majesties Return to England The Islanders and Red-shank Scots made a sudden incursion into Ireland and burnt several Towns and Villages killing Man 1274. Woman and Child most inhumanely and got away with vast Booty before the Country could get together or put themselves in a posture to prevent or resist this unexpected Torrent but not long after Richard de Burgo and Sir Eustace le Poer served them in their kind and entred the Islands and burnt their Cabbins and Cottages slew all they met with and smoakt out those that had hid themselves in Caves after the same manner that is used in smoaking a Fox out of his Earth Rosâ—omon-Castle was once again repaired 1275. or rather reedified and Mortagh a strong Tory being taken Prisoner by Sir Walter le Faunt was executed but the Lord Justice being recalled Sir Robert de Vfford was made Lord Justice 1276. in whose time Thomas de Clare Son of the Earl of Glocester came into Ireland and married Juliana Daughter of Maurice Fitz-Maurice Fitz-Girald though some say it was anno 1274. There is little
to defend the Realm against the Scots was sent for to England and Sir Theobald de Verdon was made Lord Constable or Justice of Ireland Prin 259. 31 Dec. 1314. In whose time the King sent John de Hothum Clerk into Ireland to treat with the great Men there about the Kings Affairs and by him sent Writs in the Nature of Letters of Credence to Richard Earl of Vlster and all the rest of the Nobility by Name and a general Writ or Letter to the Lord Justice and the great Officers of State to the same effect Ibid. 260. and another Writ to assist him and to summon the Nobility to a general Meeting that Hothum might communicate the Kings Pleasure unto them He also sent Writs to the Lord Justice the Earl of Vlster and several other great Men to attend his Parliament in England and to appoint a sufficient Deputy or Keeper of Ireland till their Return Prin 261. And because the Words Vestrumque Concilium impensuri are omitted Mr. Prin observes rightly that these Irish Lords went as Commissioners or Agents from Ireland to inform the King and Parliament of the state of Affairs there and did not go to serve in Parliament as my Lord Cooke would have it 4 Inst 350. I do not find whether the Lord Justice went or not nor if he did what Deputy or Keeper of Ireland was appointed in his room but whoever had it did not keep the Office long for on the 27th of Febr. Sir Edmond Butler Frag. 5. 1315. Lord Justice returned and soon after viz. on the 25th of May 1315 Edward Bruce and six thousand Scots Landed near Carigfergus in Vlster with them joyned several of the Irish and together they marcht to Dundalk which they took and burnt on the 29th of June they also spoil'd Vrgile and drove most of the English out of Vlster To oppose them an Army was rais'd which rendezvouz'd at Dundalk July 22. But whether it were that the Scots were retired or that the English Commanders could not agree the Lord Justice return'd to Dublin and left the Earl of Vlster to pursue the Scots with whom that Earl had a Battel near Colrain Camb. 169. on the 10th of September and was defeated and many of the English slain and William Burk John Stanton and others were taken Prisoners This great Loss could not be recompensed with the slaughter of forty Scots which was performed by some English Mariners and therefore Bruce to follow his Blow caused his Army to besiege Carigfergus Septem 15. and sends his Brother William Bruce into Scotland for a Supply 1315. In the mean time the Irish every where insult over the unfortunate English and generally rebel throughout Vlster and Connaught they burnt Athloan October and Randan and Cathol Roe O Connor razed three Castles of the Earl of Vlster's in Connaught In November following the English under Roger Mortimer 1315. had another Battel with the Scots at Kenlis in Meath and were routed with great Slaughter by the Treachery of the Lacies Hereupon Bruce burnt Kenlis Granard Finagh and Newcastle and came to Loghsendy where he kept his Christmas and afterwards also burnt it thence he marched through the County of Kildare unto Rathingan Kildare Castle-Dermond Athy Raban and Sketheris where the Lord Justice accompanied by the Lord John Fitz-Thomas and many others encountred him on the 26th of January and was defeated by reason of some unhappy Fewds and Misunderstandings in the English Army Hereupon the Irish of Munster and Leinster rose in Rebellion and the Birns Tools and Moors burnt the Countrey from Arclow to Leix but the Lord Justice gave them a Rebuke and brought fourscore of their Heads to the Castle of Dublin Ireland being in so tottering a condition the King sent Sir John Hotham over again to take the Oaths and Hostages of the Nobility and Gentry that still remained loyal which was accordingly performed by the Lord John Fitz-Thomas afterwards Earl of Kildare Cambd. 171. Richard de Clare Maurice afterwards Earl of Desmond Thomas Fitz-John Poer Arnold le Poer Febr. 4. Maurice Rochford David and Miles de la Roch and many others 1315. And now both Armies were early abroad The Scots having burnt the Castle and Church of Ley did on the 14th of February rendezvouz at Geashil as the English did the same day at Kildare But the Scots for want of Provision were forced to return to Vlster nevertheless in their way they took Northburgh Castle and then sate down in their Quarters to that degree of quietness that Bruce kept Court and held Pleas there as if it were in times of the most profound Peace For the English Army had work enough nearer home and therefore the Lord Justice on the Scots retreat did likewise return to Dublin and there summoned a Parliament or general Assembly which reconciled some great Men then at odds cleared Walter Lacy of the Treachery imputed to him and established the Measures of carrying on the War And it was wisely done to begin with the Moroughs Tools and other Mountaineers of the County of Wicklow because they daily infested the City of Dublin and had destroyed both the Town and Country of Wicklow and because the Army was not strong enough to secure the City and at the same time to pursue the Scots 1316. the Success justified their Conduct for in April the Tories were defeated However the Scots were not so much neglected but that the Lord Thomas Mandevil was appointed to have an eye to them but he could but skirmish with them which he did valiantly Camb. 172. and kill'd Thirty Scots in one Encounter and was himself slain in another But Bruce came over with fresh Supplies from Scotland and so despised the small force of the English that in May he caused himself to be Crowned King at Dundalk 1316. and thereupon grew so insolent that he spared neither Churches nor Abbeys Women or Children found no Mercy at his hands but on the contrary he destroyed all that opposed him or that belonged to the English and he burnt great part of the Countrey as the Irish did the Church of Athird It was high time to encourage the English to their defence and the defence of the Kingdom and therefore as well to reward for Services past 1316. as to engage them for the time to come Selden 838. says Kildare's Patent is the ancientest Form of Creation he had seen the Lord Justice was made Earl of Carrick and John Fitz-Thomas was made Earl of Kildare May 14. 9 Ed. 2. and others received other Favours from the King The Burks and Geraldines were reconciled and every one in his station set himself manfully to the preservation of the Kingdom Richard de Clare and Bremingham had the better of the Irish in Connaught and slew many of them and about Whitsontide made a Sally into Munster and kill'd three hundred Irish there and the
Whitsontide Prin 263. that Earl first taking an Oath on the Sacrament neither by himself his Friends or Followers to grieve those of Dublin for his Apprehension To all these Misfortunes was added that of a prodigious Dearth Wheat was sold for three and twenty Shillings the Cronoge Lib. P. Lambeth Oats six Shillings and Wine eighteen pence a Quart and other things proportionably so that many died for want The Lord Justice 1317. about Whitsontide marched to Tredagh and thence to Trim and sent for the Lacies who not only refused to come but murdered the worthy Messenger Sir Hugh Crofts but the Lord Justice soon revenged that Affront for he wasted the Lands and seized on the Goods of the Lacies slew many of their Men and drove themselves into Connaught and proclaim'd them Traytors and so return'd to Dublin by the way of Tredagh The Lord Justice had now leisure to assail O Fervil Cambd. whom he soon forced to submit as did also soon after O Birne tho' not till there was â—irst a Battle between the Lord Justice and the Irish of Omayle wherein the Irish were worsted In October the Archbales or Aspoles submitted to the Earl of Kildare and gave Hostages of their good Behaviour and in February Sir Hugh Canon Chief Justice of the Court of Common Pleas was murdered by Andrew Brimingham between the Naas and Castlemartin The Pope by his Bulls commanded a two years Truce betwixt the English and Scots but Bruce whose Quarters probably were so destroyed that they could not afford him subsistance refused to consent thereunto For about this time the Irish of Vlster were reduced to so great want that they took dead Folk out of their Graves Cambden and boyl'd their Flesh in their Skulls so that by reason of Famine and Sickness there escaped but three hundred of ten thousand men which were in Arms which my Author says was a Judgment on them for eating Flesh in Lent and other Wickednesses Not were the Men of Connaught in a mnch better condition for there happened a Feud between two of the Irish Princes there which occasioned the Slaughter of four thousand of their Followers On Shrove-Sunday the Lord Justice kept a great Feast in the Castle of Dublin and dubbed John Mortimer and four others Knights After Easter the Lord Justice received Command to repair to the King but before he went he had the bad News that the Lord Richard de Clare Sir Henry Capel Sir Thomas de Naas 1318. and two of the Cantons and fourscore others were slain by O Bryan and Macarthy on the 5th of May. This Lord Justice caused John de Lacy to be press'd to Death at Trim because he would not plead to the Indictment against him and then a Month after Easter he went for England being a thousand pound in debt to the Citizens of Dublin and he left in his room William Fitz-John 1318. Archbishop of Cashel Governor of Ireland in whose time great Plenty was again in that Kingdom and which was very strange new Bread was to be had on St. James's Day which was made of New Wheat of the same years growth Alexander Bicknor who was confirm'd Archbishop of Dublin was also sent over Lord Justice He landed at Youghal the 7th of October and soon after Bruce with about three thousand Men came to the Fagher within two Miles of Dundalk The Lord John Brimingham whom the Justice made General with many brave Captains and one thousand three hundred and twenty four good Souldiers marcht from Dublin to encounter him Cambd. 178. and they managed the Conflict so valiantly that they slew Bruce and two thousand of his Men On Calixâ—us Day and the General carried his Head to the King and was therefore made Earl of Louth and had twenty pound per annum Selden Titles of Honour Creation-Money and the Mannor of Athird granted to him Et sic per dextram Dei manus communis Populi liberatur populus Dei à servitute machinata praecogitata Lib. rub Scac. Dub. and so ended the Scotch Government in Ireland It is observable that the Primate of Armagb was at this Battel and came purposely to absolve bless and encourage the Royalists and it ought not to be forgot that a valiant Captain John Maupas was so resolute to destroy the usurping Prince that he rushed into the Battel with that Design and was after the Fight found dead stretcht on the dead Body of Bruce Roger Mortimer 1319. Lord Justice return'd from England and about Allhallontide the Pope sent over Bulls to excommunicate Bruce at every Mass The Towns of Atheisel and Plebs were burnt by John Fitz-Thomas Nappagh and the Bridges of Leighlin and Kilcullen were in this or the following year built by Maurice Jake Cannon of Kildare but it was not long before the Lord Justice made another Voyage to England and left in his room Thomas Fitz-John Fitz-Girald 1320. Earl of Kildare in whose time Bicknor Archbishop of Dublin obtained Bulls from Pope John 22th to erect an University at Dublin and St. Patrick's Church was appointed to be the publick place of their Exercise and it is observable that the King granted to this Earl of Kildare Lib. GGG Quod possit recipere ad Legem Angliae omnes homines Hibernos Tenentes suos qui ad eandem venire voluerunt Nor must it be forgotten 1319. That Pope John the 22th did by his Bull 12 Ed. 2. acquit and discharge the Crown of England from the Tribute or Peterâ— pence Lib. ZZ Lameth claim'd by the Holy See out of the Kingdoms of England and Ireland On the Ninth Day of May 1321. the People of Leinster and Meath gave a great Overthrow to the O Connors at Balibogan Frag. 7. and the Earl of Carrick died about the same time at London and was buried at Gauran not far from Kilkenny and not long after John Bermingham 1321. Earl of Louth was made Lord Justice Rex concessit Johanni Comiti Louth Officium Justiciarii Regis Hibern cum Castris aliis Pertinentiis 14 Ed. 2 par 2. Pat. in Tur. Lond. durante beneplacito Percipiendum per annum ad Scaccarium Regis Dublin 500 Marcas pro quibus Officium illud Terram custodiet erit ipse unus de viginti hominibus ad Arma cum tot equis coopertis continue durante custodio supradict The King on the Third of April 1322. in the 15th Year of his Reign wrote to the Lord Justice to meet him at Carlisle in Octab. Trin. following with three hundred Men at Arms a thousand Hoblers and six thousand Footmen armed with a Keton Lib. Lambeth a Sallet and Gloves of Mayl to serve against the Scots besides three hundred Men at Arms which Richard de Burgo Earl of Vlster had for his own share undertaken to conduct and though the English suffered a Defeat by O Nolan so that
in Ireland by any of the Kings Officers without his special License contrary to the aforesaid Ordinance of Edw. 2. And so on the 8th day of September Lionel Duke of Clarenâ—e 1361. Earl of Vlster and Lord of Connaught came over Lord Lieutenant and brought with him an Army of fifteen hundred men by the Pole and his Entertainment was thirteen shillings and four pence per diem and two shillings apiece for eight Knights six pence apiece for three hundred and sixty Archers on Horseback out of Lancashire and two pence apiece for twenty three Archers out of Wales Under him was Ralph Earl of Stafford who had six shillings and eight pence per diem for himself four shillings for a Baneret two shillings apiece for seventeen Knights twelve pence apiece for seventy eight Esquires and six pence apiece for an hundred Archers on Horseback Davis 30 31. and four pence apiece for seventy Archers on foot And James Earl of Ormond had four shillings per diem and two shillings apiece for two Knights and twelve pence apiece for twenty seven Esquires six pence apiece for twenty Hoblers armed four pence apiece for twenty Hoblers unarm'd And Sir John Carew Baneret had four shillings per diem and two shillings for one Knight and twelve pence apiece for eight Esquires and six pence apiece for ten Archers on Horseback And Sir William Windsor had two shillings per diem and for two Knights two shillings each for forty nine Squires twelve pence apiece and for six Archers on Horseback sixpence apiece Upon his coming over Proclamation was made to remand out of England all Men that held Land in Ireland on pain of Forfeiture of their Land because he thought that by his Army 36 Edw. 3. m. 21. and the assistance of the English of Birth he should be able to do great Feats without the assistance of the old English and therefore he also proclaimed That none of the old English should joyn his Army or approach his Camp which gave great offence to those that were the Progeny of the first Conquerors and had hitherto preserved the Kingdom by their Valour However the Duke marched his Army against O Brian but not being acquainted with the Country nor the Manners of the Irish he soon lost an hundred of his Men and thereby found the want of the old experieneed English whom he at first rejected but he timely repair'd his Error by another Proclamation inviting and requiring them to come to him whereupon they united and the Affair proceeded prosperously so that O Bryan was subdued Hereupon the Duke made many Knights as well of Old as New English and some time after he removed the Exchequer to Caterlough and bestowed five hundred Pounds in walling that Town He did many other good Acts so much to the Satisfaction of the whole Kingdom that as well the Clergy as the Layity gave him two Years Profit of all their Lands and Tithes towards the maintenance of the War here He was the first that kept the Army under Discipline so that they were not grievous or burthensom to the Country as they used to be And so having behaved himself very well in Ireland he returned to England on the twenty second of April leaving James Butler 1364. Earl of Ormond Lord Deputy This Lord obtained a Licence from the King to purchase Lands to the value of sixty Pound per annum Lib. CCC non obstante the Statute or Ordinance That no Officer of the King's should purchase within his Jurisdiction But on the eighth Day of December Lionel Duke of Clarence Lord Lieutenant came over again but made a very short Stay before he left the Kingdom and deputed Sir Thomas Dale 1365. Lord Deputy in whose time great Contest arose between the Birminghams of Carbry and the Inhabitants of Meath for the very English were now grown so degenerate that they preyed and pillaged one another after the barbarous manner of the Irish so that Sir Robert Preston Chief Baron who had married one of the Daughters and Coheirs of Sir Walter Birmingham was forced to put a good Guard into his Castle of Carbry to secure his Estate against his seditious Neighbours Hereupon Lionel Duke of Clarente 1367. Lord Lieutenant came over again and held that renowned Parliament at Kilkenny which made that famous Act which is so often cited by the name of the Statute of Kilkenny The Bishops of Dublin Cashel Tuam Lissmore Waterford Killaloo Ossory Leighlin and Cloyne Lib. D. who were present at this Parliament did fulminate an Excommunication against the Transgressors of that Law The Lords and Commons sat together at the making of it and the Statute it self is in French and to be seen at large in the Library at Lambeth libro D. but the effect of it is That the Brehon Law is an evil Custom Davis 112 191. and that it be Treason to use it That Marriage Nursing and Gossiping with the Irish be Treason That the use of Irish Name Apparel or Language be punished with the loss of Lands or imprisonment until the Party give Security to conform That the English should not make War upon the Irish without Order of the State That the English should not permit the Irish to Creaght or graze upon their Land Nor present an Irishman to an Ecclesiastical Benefice Nor receive them into Monasteries or Religious Houses Nor entertain any of their Minstrels Rhimers or News-tellers Nor cess Horse or Foot upon the English Subject against his Will on Pain of Felony And that Sheriffs might enter any Liberty or Franchise to apprehend Felons or Traytors And that four Wardens of the Peace should be appointed in every County equally to assess every Man's Proportion of the publick Charge for Men and Armour But it seems this Statute did not affect the Irish because they were not amesnable to Law for notwithstanding this Act the Irish did always use their Brehon Law until the third Year of King James I. Nevertheless this Law Davis 193. together with the Presence of the King's Son and the Discipline he used did very much reform the degenerate English so that the Revenues certain and casual of Vlster and Connaught were thenceforward accounted for in the Exchequer and the King's Writ did run in both those Provinces and therefore this Statute was revived and confirmed by 10 Hen. 7. cap. 8. It is to be noted Lib. D. That at this time the Price of a Cow was but ten Groats and the Pay of a Foot-Soldier was but two Pence a Day whereof he paid a Penny for his Victuals Nor must it be forgot That about this time it was declared in England That the King could not by Law alienate his Dominions And that King John his Submission to the Pope being contrary to his Coronation Oath and to Law was utterly void But let us return to the Lord Lieutenant who having concluded this Parliament to his Mind went to
discourage the Transportation of Bullion the King shall have twelve Pence Custome out of every Ounce Upon his Return to England the Lord Lieutenant accused the Earl of Ormond of Treason Burlace 78. before the Duke of Bedford Constable of England in the Marshal's Couâ—t but the King abolished the Accusation Richard Talbot 1447. Archbishop of Dublin Lord Deputy he wrote a Tract de Abusu Regiminis Jacobi Comitis Ormondiae dum Hiberniae esset locum tenens Caâ—ton chron And it seems Thomas Fitz-Thomas Prior of Kilmainham was on the Archbishops side for he accused the Earl of Ormond of Treason and the Combat was appointed between them at Smithfield in London but the King did interpose and prevent it Hitherto the English had made but a bordering War in Ireland and that it self but very unluckily and the small Army that was kept on foot was ill paid and therefore more hurtful to the Subject by their Oppression than to the Enemy by their Valour so that it was necessary to send some great Man thither and no Body so fit for it as Richard Duke of York Earl of Vlster March Rutland and Cork Lord of Conagh Clare Trim and Meath for besides his Quality and Valour he had a great Estate in that Kingdom and it answered another Design of the Cardinal of Winchester who did then in effect govern England which was to remove this Duke from the Regency of France to make room for the Duke of Somerset and so he was made Lord Lieutenant of Ireland 1449. and landed at Hoath the fifth of July 1449. But the Duke of York who fathomed their Designs and had other Intrigues of his own would not accept of the Government of Ireland Davis 51. but upon very advantagious Conditions which were reduced to Writing by Indenture betwixt the King and him and are recorded by Act of Parliament in Ireland and were to this effect I. That he should be the King's Lieutenant in Ireland for ten Years II. That to support the Charge of that Country he should receive the whole Revenue certain and casual without Account III. That he should be supplied with Treasure out of England in this manner viz. four thousand Marks the first year whereof he should be imprested two thousand Pounds before-hand and for the other nine years he should receive two thousand Pounds per annum IV. That he might let the Kings Lands to Farm and place and displace all Officers at his Pleasure V. That he might Levy and Wage what Number of Souldiers he thought fit VI. That he might make a Deputy and return at his Pleasure I do not find that this Lord brought over any considerable Forces with him or that he was able to keep any such on foot here not only because his Allowance was but small but also because that small Allowance was ill paid as appears by his passionate Letter to his Brother-in Law the Earl of Salisbury which is to be found Registred by Mr. Campion pag. 99. At his first coming 1450. the Irish were very insolent but he won upon them strangely Lib. M. partly by force and partly by their own Art of Wheedling He held a Parliament at Dublin in October Friday before S. Lukes Day and the Bishops of Leighlin Ossory Down and Limerick were fined for not coming to it This Parliament Enacted many good Laws viz. 1. That no Marcher or other keep more Horsemen or Foot than they can maintain and will answer for and that they give in a List of their Names to the Sheriff c. 2. It suppresseth Coynees Rep. 11. Car. 1. c. 6. Cuddies and Night-suppers and well sets forth the Grievances of those Times 3. That the Accuser shall give Security to pay the Damages of the Defendant if the Impeachment be found untrue 4. That every man may kill Robbers and notorious Thieves and shall have a Penny out of every Plow-land and a Farthing from every Cottage for his Reward 5. That the great Officers of the Kingdom shall not give Protections to any other than their Menial Officers and Attendants This Lord Lieutenant also held another Parliament at Drogheda in April on Friday before S. Mark 's Day which Enacted 1. That if the Remembrancer issue Process against any body that is discharg'd on Record in the Exchequer he shall forfeit his Office and treble Damage 2. That the Chancellor Treasurer and Judges or one of them be present at all Commissions of Oyer and Terminer in the Counties of Dublin Kildare Meath and Vriel 3. That no body shall sell Liquor but by Sealed Measures It seems that some of these Statutes were occasioned by a doleful Letter sent from Cork which the Irish Historians place in the Reign of Henry the Fourth and yet direct it to the Earl of Rutland and Cork and therefore it will be more properly applied to this Time when he was Lord Lieutenant and follows in haec Verba IT may please your Wisdoms to have pity of us Camp 94. the Kings poor Subjects within the County of Cork or else we be cast away for ever for where there was in this County these Lords by Name besides Knights Esquires Gentlemen and Yeomen to a great number that might dispend yearly eight hundred pounds six hundred pounds four hundred pounds two hundred pounds one hundred pounds one hundred Marks twenty pounds twenty Marks ten pounds some more some less to a great number besides these Lords following First The Lord Marquess Carew his yearly Revenues were besides Dorsey-Haven and other Creeks two thousand two hundred pounds sterling The Lord Barnewale of Bear-haven his yearly Revenues were besides Bear-haven and other Creeks sixteen hundred pounds sterling The Lord Uggan of the great Castle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Balram of Emforle his yearly Revenues were besides Havens and Creeks one thousand three hundred pounds sterling The Lord Courcy of Kilbreton his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Mandevil of Barnhely his yearly Revenues besides Havens and Creeks one thousand two hundred pounds sterling The Lord Arundel of the Strand his yearly Revenues besides Havens and Creeks one thousand five hundred pounds sterling The Lord Baron of the Guard his yearly Revenues besides Havens and Creeks one thousand one hundred pounds sterling The Lord Sleynie of Baltimore his yearly Revenue besides Havens and Creekss eight hundred pounds sterling The Lord Roche of Pool Castle his yearly Revenues besides Havens and Creeks one thousand pounds sterling The Kings Majesty hath the Lands of the late young Barry by Forfeiture the yearly Revenues whereof besides two Rivers and Creeks and all other Casualties is one thousand eight hundred pounds sterling And at the end of this Parliament your Lordship with the Kings most Noble Counsel may come to Cork and call before you all these Lords and other Irishmen and bind them in
of an Incestuous Marriage so directly against the Law of God that no Power on Earth could dispense with it Dr. Burnet's Hist Reform 131. And that Marriage was judicially nulled and made void ab initio by the Divorce pronounced between the Parties by the Archbishop of Canterbury so that by consequence the Issue was bastardiz'd and rendred Illegitimate And II. Because the Crown was entailed upon Queen Elizabeth by Name by the Irish Statute of 28 Hen. 8. cap. 2. as hath been already observed and that Statute was not repealed in Ireland to that time It would be a lame Answer to the first Objection to insist upon the English Statute of 35 H. 8. which gave that King Power to dispose of the Crown by his Will for besides what some will alledg against Bills of Exclusion in general every Body will oppose that wild and unjust Method of Exclusion that has no regard to the Faults of the Party rejected nor to the Merits of the Person to be advanced but Exposes the Right of an Innocent to the Figary of an humersom Man Moreover it is a high Point to delegate the Legislative Power in an Instance of that Importance and if allowed would at once destroy all hereditary Right It is necessary therefore that we have recourse to something more solid and which really was the true Reason and it was this That Mary having gained Possession of the Throne in a Hurry by the Surprize and Confusion of the People in general the Easiness and Credulity of the Suffolk-men in particular and the Envy some bore to the Duke of Suffolk and the Malice others entertained against the Duke of Northumberland the Protestants did believe themselves obliged by the Laws of God and Man to obey the Queen de facto and to acquiesce in the Government that was actually over them and therefore the Clergy and the best and holiest of the Protestant Party chose rather to be Refugees and beg their Bread abroad than to be mutinous and disloyal at Home It is not to be doubted but that they did consult and throughly examine both the Laws of God and the Laws of the Land in that Particular and found by both Sanctions that it was not the Duty of the Subject to dispute the Title of the Prince in Possession this were to make the Rabble Judges of the Rights of Princes and to erect a Judicature above the Legislative Power and to introduce an Appeal from the Parliament to the People As to the First viz. The Law of God nothing was more plain than that a Christian peaceable Temper was commanded in General and a Submission to the King de facto in Particular and the Reason is Because the Power that is is of God for Caesar had no Right especially over the Jewish State but both Augustus and Tiberius were Usurpers and yet it was to them that our Saviour and the Apostles preached Obedience and commanded us To render the things that were Caesars And as to the second viz. The Law of the Land it has no regard to any other than the King de facto it is he that is only King within the Statute of Edward the Third of Treasons it is he only that by the Laws of England can grant Pardons Call and Dissolve Parliaments and Confirm their Acts In a Word It is he only that can do all Acts of Government and he is the Person who can and ought to give Protection to the Subjects and consequently is to have Allegiance from them the King de facto can punish Treasons committed against his Predecessor and his Rightful Successor may punish Treasons done against him and the Reason is Because it is the same continuation of the Regal Government and the Person is not regarded in Law any longer than it is cloathed with the Politick Capacity For the Relation that is between King and Subject Protection and Allegiance is reciprocal and the Obligation is mutual as it is betwixt Husband and Wife and therefore whensoever a King totally ceaseth the Exercise of his Royal Office he is dead in his Politick Capacity with which the Relation is and the Subject is at Liberty ad alia vota convolanda to the Successor and whether this happens by Force or Consent is no more to the purpose than it is whether a Man's first Wife was murdered or dyed of a Fever So that it is Plain That Possession of the Throne by the consent of the two Houses of Parliament does give a Right in reference to the Subject and therefore the Words King de jure are but terms of Art as Ens Rationis among the Logicians to signifie an Imaginary Notion they had no other name for and if this were not so there could be no Peace upon Earth since there is not a Crown in Europe to which there are not several plausible Pretenders whose Claims have many warm and furious Abettors and perhaps it would be very difficult for any man to define what Prescription is sufficient to give more Title to a Throne than is gained by the quiet Possession thereof The Case of Henry the Seventh hath been already mentioned wherein the Judges resolved That the Possession of the Crown and of the Regal Government cleared him of all Incapacities Defects and Attainders whatsoever It is necessary to add That the Preservation of the Community is the End and Design of all Laws and that the greatest Solecism that can be in the OEconomy of a Kingdom is to suspend the Government though but for a Moment And in Truth the whole Society would perish by a very short Interval wherein every Man might do what seems good in his own Eyes It is for this Reason there is no interregnum in England And therefore there always is a King to whom the English Subject owes Allegiance exclusively of all others and that can be no other than the King de facto who is trusted by the Law with the executive Power thereof and who alone doth or can give the People actual Protection If it were needful this might be farther urged because every Man is represented in Parliament and their Act is the Act of every individual Person and it is beyond controversie That every one is obliged to obey the Authority himself has owned and consented to And as to the second Objection it is easily answered That Ireland is a subordinate Kingdom to England and part of its Dominions and therefore whoever is King of England is ipso facto King of Ireland as much as of the Isle of Sheppy or of the Isle of Wight and it was so at Common Law and it is explained to be so by the Irish Statute of 28 Hen. 8. cap. 1. wherein it is enacted That the King and his Successors Kings of England shall be Kings of Ireland and that Kingdom is by the same Act united and knit to the Imperial Crown of England And therefore it follows That Ireland must submit to such disposal of the Crown as
proved disadvantagious to the State and that lenity to the Irish Rebels has produced no other Effects than that it has encouraged them to relapse and others to follow their Example And of this Shane O Neal affords us one Instance for notwithstanding this Submission it was not long before he rebelled again and Rory O Connor and Donough O Connor followed the same Copy for though they submitted at Dingen and put in Hostages for their Loyalty yet they rebelled once more and therefore were on the twenty fifth Day of February proclaimed Traytors and at length were slain and their Country wasted 1557. In like manner William Odare O Carol was made Governour of Ely O Carol under certain Conditions one of which was To send a certain number of Soldiers to every Hosting but this Condescention and Kindness could not oblige him but that the ungrateful Traytor rebelled next Year and was routed and Thady O Carol was put in his Place And so we are come to the Parliament which began the nineteenth day of June and on the second day of July was adjourned to the tenth day of November to Limerick and then was adjourned to the first day of March to Drogheda but the Lord Deputy who by the Death of his Father was Earl of Sussex went to England on the fourth day of December and not returning before the first day of March the Parliament by his Absence became dissolved It seems that besides the Statutes that are in Print this Parliament enacted 1. That the Queen was Legitimate 2. That the Royal Power was vested in her 3. That her Issue should inherit the Crown and Kingdoms of England and Ireland 4. That Heresies should be punished and three Statutes to that effect were revived 5. That all Acts against the Pope made since 20 Hen. 8. be repealed 6. That the Grants made by Archbishop Brown be void and cap. 12. that First-Fruits be released But afterwards by the Act of the second of Elizabeth cap. 1. the Act of Repeal was repealed and the revived Statutes against Heresie were suppressed the Jurisdiction of the Pope was abolished and cap. 3. the First-Fruits and twentieth Part were restored to the Crown There was also an Act to give the Queen a Subsidy of thirteen Shillings and four Pence out of every Plow-land for ten Years And another to make it Treason to introduce or receive armed Scots into Ireland or to marry with a Scot without Licence under the great Seal The printed Acts of this Parliament are I. For the Disposition of Leix and Offaly II. For making the King's County and Queens County Shire-Ground and entituling their Majesties thereunto III. For making other Counties into Shire-Ground IV. To explain Poynings Act that new Bills whilst the Irish Parliament sits may be transmitted into England for Approbation as well as if they had been sent before the Parliament met V. That Labourers or Cottiers shall not buy Horses more than is absolutely necessary VI. That the Owners of stolen Goods using their best Endeavours to prosecute the Felon shall be reprized out of the Felons Goods if they cannot get their own again VII That no Body shall make Aquavitae without Licence under the great Seal except Noblemen Gentlemen and Freemen of Towns that send Members to Parliament And it is to be noted That this Act which was designed to spare Corn and prevent a Dearth was necessary at that time Yet now the Kingdom is better improved and consequently abounds in Corn this Act though not repealed is become obsolete and a quite contrary Act viz. To encourage the Making and Exportation of Aquavitae would tend very much to the Advantage of Ireland In July the Lord Deputy made an Expedition against the O Maddens whose Country called Silanchia now the Barony of Longford in the County of Galway was last Year on the Murder of John O Madden divided between Malachy Modhar and the Murderer Brasil Duff the Deputy sent a Summons to the Castle of Melik but the valiant Warders not only boasted how stoutly they would defend it but also believing that every Summons was an Affront and as it were a Suspicion of their Courage they assured the Herald That it should not be safe for him to come with any more such Messages to them It is hardly credible That after all this Ostentation these Men of War should desert the Castle the very next Night however they certainly did so and the Lord Deputy placed a Garrison in it and returned On the tenth of August the Lord Deputy advanced into Vlster Ware 220. being accompanied by the Lords of Kildare Ormond Baltinglass Delvin Dnnboyne and Dunsany his Design was against the Scots but they sheltered themselves in the Woods and Bogs so that he did them no other Mischief than that he took some Preys however some of them were thereby perswaded to submit and Daniel Mac Conel and Richard Mac Guilliam received the Honour of Knighthood On the twenty second Day of October the Lord Deputy made another Journey into Vlster And on the twenty fourth day he came to Dundalk and on the twenty fifth he took a Prey and came to Armagh the Rebels still flying before him on the twenty seventh he burnt Armagh except the Church and marched to Newry and so on the thirtieth day of the same Month returned to Dublin And being ordered to attend the Queen in England he first obliged O Carol O Molloy Macgehogan O Doyne Mac Coughlan the two O Maddens and Fylemy Duff to gives Hostages of their Good Behaviour And then on the fourth of December he set sail for England leaving Hugh Curvin 1557. Lord Chancellor and Sir Henry Sydny Treasurer at Wars Lords Justices by Patent dated at Westminster the twelfth of November after they were censed and sprinkled with Holy Water and Mass was celebrated they were sworn at Christ-Church on Sunday the fifth of December and received the Sword from Sir John Stanly the Marshal with whom it was left to that Purpose and they continued in their Office until Sir Henry Sydny Ware 222. Lord Justice was sworn on the sixth of February by the Queen's Command and by virtue of a Commission bearing date the eighteenth day of January he attacked Arthur O Molloy Chief of Fercalia who was brewing new Treasons and favoured and cherished those that were in Rebellion But the Lord Deputy did soon over-run his Country and made Theobald O Molloy Governour thereof and took his Son for a Hostage of the Father's Fidelity and then by Cess in the Pale the Deputy furnished the Forts of Maryburgh and Philipsburgh with Victuals and returned to Dublin where he made Proclamation That no Corn should be carried out of the Pale In the mean time Shane O Neal invaded Tyrconnel designing to reduce it to the former Tribute and Dependance it paid to his House Calvagh O Donel being too weak to resist by Force betook himself to his Politicks and made an Essay by Night on the
3. To reduce Shane O Neal by force or otherwise 4. To invest the Baron of Dungannon in the Earldom of Tyrone if the Lord Lieutenant think fit 5. To apprehend the O Brians that oppose the Earl of Thomond 6. To make the Clerk of the Council Secretary of State 7. To make a Statute of Uses next Parliament 8. To grant Estates Tayl by Patent to all the Irish that will surrender 9. To reserve the best Rent that was at any time heretofore reserved on the Crown Leases and the Tenant to find a Horseman for every forty Pound Rent and a Footman for every six Pound thirteen Shillings and four Pence and if any Lease be voidable to let the Tenant renew increasing his Rent according to the best Survey 10. To augment the Revenue in granting of Wards and making them sue Livery and to collect and print the necessary Statutes It seems this Lord Lieutenant managed his Affairs well in Vlster 1561. although the Particulars are not recorded any where that I could find Lib. â— for on the sixth day of January Shane O Neal made his Submission to him and thereupon on the twenty second of the same Month he went to England leaving Sir William Fitz Williams Lord Justice 1562. who was sworn on the second Day of February and continued until the twenty fourth day of July and then Thomas Earl of Sussex Lord Lieutenant returned again and finding that the inconstant Shane O Neal had apostatized into Rebellion he prepared as fast as he could to reduce him to Obedience but the Winter approaching so near he was forced to adjourn his Design till the Spring and then on the first day of April he set forward 1563. and on the ninth there hapned a Fray between some Kirne in his Camp to the Slaughter of two or three of them but the Lord Lieutenant by his Authority composed that Matter On the thirteenth of April the English discovered an Ambush laid by Shane O Neal and fell upon them so that one and twenty of the Rebels were killed On the sixteenth the Lord Lieutenant passed over the Blackwater and took a Prey of two hundred Kine And on the twenty sixth he came back to Dundalk On the first of June he advanced again to Dungannon and quartered there and the next day came to Tulloghoge and undestanding that O Neale and his Party were in a Fastness not far off the English attacked them and drove them farther into the Woods And on the third of June the English took eighty Cattle and killed four or five Rebels And on the fourth the Army returned to Armagh And on the sixth day of June they took a Prey of three thousand Kine and one thousand five hundred Garons and Mares which were divided among the Soldiers and so the Army returned to Drogheda Hereupon O Neal being shrewdly terrified Cambden 121 and being also advised by the Earl of Kildare made his Submission to the Lord Lieutenant and promised to do the like in England which he performed in the presence of the Embassadors of Sweden and Savoy and upon his Promise of amendment he was taken into Favour and the Queen gave him some Presents and lent him two thousand five hundred Pound and ordered Sir Thomas Worth and Sir Nicholas Arnold whom she sent Commissioners into Ireland to establish a College at St. Patrick's Church c. to make an Enquiry about a Complaint that O Neal had made That one John Smith had design'd or attempted to poyson him After his Return home he behaved himself civilly and loyally for some time he assail'd the Scots and slew their Captain James Mac Conal and drove them out of Vlster he protected the poor from Injury and was orderly in every thing except his Tyranny over the Lords and Gentlemen of Vlster whom he challenged to be his Vassals Whereupon Macguire and others complained to the Government but O Neal disdaining to have his Princely Claim tried in a Court grows enraged at Macguire for putting the Dilemma upon him either of running into Rebellion again or submitting his Title to the Lord Lieutenant's determination 1564. and in this Fury O Neal invades Fermanagh expels Macguire burns the Cathedral Church of Armagh and besieges Dundalk but the Valour of the Garrison preserved the place till William Sarsfield Mayor of Dublin and a choice Band of Citizens raised the Siege nevertheless O Neal spoil'd and wasted the adjacent Country The Lord Lieut to revenge this proceeded briskly against O Neal Burlace 126. but before he could bring his Designs to perfection he was recalled in his time the Country of Annaly was made Shire-Ground and is called the County of Longford and Connaught was divided into six Counties Clare Galwey Sligo Mayo Letrim and Roscomon he also erected a kind of a Post-Office for the better Correspondence between England and Ireland Holingsh 114. And yet there are some who not without probability attribute these good Works to Sir Henry Sydny On the first of February there hapned a bloody Conflict between the Earls of Ormond and Desmond Lib. P. at Athmean or Affane in the County of Waterford where the latter lost two hundred and eighty of his Men but not long after the Lord Lieutenant was recalled and Sir Nicholas Arnold 1565. Lord Justice was sworn the twenty fifth of May and had an Army or rather a Garrison of fifteen hundred and ninety six Soldiers with which he made a shift to keep what he had but he did not enjoy that Honour long before Sir Henry Sydny Knight of the Garter Lord President of Wales came over Lord Deputy he Landed on the thirteenth of January and was sworn the next Sunday after being the twentieth he was received with great joy being a Person of whose excellent Government that Kingdom had long Experience and when he received the Sword he made an eloquent and pithy Speech to this effect setting forth what a precious thing good Government is and how all Realms Commonwealths Cities and Countries do flourish and prosper Hooker 111. where the same is orderly in quiet Justice and Wisdom directed and governed Secondly What a continual Care the Queens Highness hath had and yet hath not only for the good guiding and ruling of the Realm of England but also of Ireland which she so earnestly desireth and wisheth to be preserved as well in Peace as in War That she hath made great Choice from time to time of the most Grave Wise and Expert Counsellors for the one and the most Valiant Skilful and expert Men of Arms for the other That both in Peace and Wars the publick State of the Commonwealth and every Member therein might be conserved defended and kept in Safety under her Government And for the performance thereof her Majesty over and besides the Revenues of the Crown of Ireland did yearly far above any of her Progenitors expend of her own Coffers out of England great Masses of Money
Dungannon O Connor Sligo O Carol and others When he came to Hampton-Court with two hundred Gentlemen in his Train it hapned that the Queen was looking out at the Window Hooker 118. and seeing such a Multitude she was thereat surprized until she was told it was the Lord Deputy of Ireland and then she replied It was well enough for he had two of the best Offices in the Kingdom And being come in he was well received for the present by the Queen but after a while was told by some of the Courtiers That the Scussle in Ulster was not worthy to be called a War since the principal Rebel Shane O Neal was but a Beggar and an Outlaw However the Earl of Desmond and O Connor were clapt up in the Tower and Sir John of Desmond was sent for and imprisoned in the same place But O Connor Lib. L. by Indenture made his Submission to the Queen Lib. H. and thereupon was enlarged and the next Year viz. the twelfth of July 1568 the Earl of Desmond submitted in most humble manner and laid all his Estate at her Majesties Feet and promised to convey what part she should be pleased to take of it and acknowledges to have forfeited a Recognizance of twenty thousand Pounds which he had formerly made to the Queen as hath been already related But when Sydny went to England he left Doctor Weston Lord Chancellor and Sir William Fitz-Williams Treasurer at Wars Lords Justices by Commission under the Great Seal of Ireland Dated the fourteenth Day of October In their time private Quarrels did swell almost into publick Wars for not only Sir Edmond Butler and Pierce Grace did invade Oliver Fitz Girald's Territories with great Fury but also the O Connors and O Mores who were Proclaimed Traytors did now appear in the Field with a thousand Gallowglasses and threatned to spoil O Carol's Country and to burn Kilkenny and the Defendants being in no good condition to resist did in vain importune the Government for Assistance Moreover Daniel Mac Carty More despising his Title of Earl of Glencar assumed the Title of King of Munster and having confederated with O Sullevan More Mac Swiny and others he invaded the Lord Roche's Country with Banners displayed and destroyed all the Corn together with seven Hundred Sheep and killed many Men Women and Children and carried away fifteen Hundred Cows and an Hundred Garrons Nor was the Contention less between James Fitz Maurice of Desmond and the Lord of Lixnaw And there happened another barbarou accident that was more surprizing than any of the rest for one Maurice Gibbon alias Reagh who was by the Popes Bull appointed to be Archbishop of Cashell had the Confidence to come to James Mac Caghwell who for some time had been Archbishop of that See Ware de presul 172. and to demand Possession which being refused the barbarous Villain stabbed the Archbishop with a Skein but it so happened that the Archbishod recovered and Maurice made his escape into Spain In Vlster Cambden 121. Turlogh Lynogh had assumed the Name of O Neal and in an Encounter with the Scots had killed Alexander Oge but it seems that quarrel was appeased and one Thousand of the Scots took Pay under Turlogh and invaded the Ferny contrary to Articles In Connaught there was a new Broil between Mac William Oughter and O Connor Sligo about a Rent in Eyter Conaught and in Thomond there were great Contests between the Earl and O Shaghaness and in this disorderly and tumultuous Condition stood the Kingdom of Ireland 1568. when in September Sir Henry Sydny Lord Deputy landed at Carigfergus he immediately sent for Turlogh Lynogh who came to him and confessed his Fault and with the greatest Humility begged the Lord Deputies Pardon which with great difficulty he at length obtained but not until the Scots Hostages were first Executed On the twentieth of October the Lord Deputy was Sworn at Dublin and immediately he sent for Sir Edmond Butler who upon several frivolous Pretences refused to come but broke out into Rebellion as shall be related hereafter In the mean time the Proceedings at Council-board will deserve a Paragraph in this History and the rather because a great and memorable Case was at this time agitated there for Sir Peter Carew whose Ancestor had formerly been Marquess of Cork and had great Possessions in several parts of the Kingdom came over well recommended to Ireland Lib. F. Lambeth and resolved to endeavour the recovery of that great Estate which was wrongfully withheld from him and particularly the Barony of Idrone in the County of Caterlogh was detained by the Heirs of those whom one of the Carews had employed as his Steward and had entrusted to mannage that Estate but Sir Peter being advised not to alarum the Irish by beginning with them first he did on the twenty ninth day of October prefer his Petition to the Council-board against Sir Christopher Chivers for the Mannor of Ballymaclethan in the County of Meath and in the Petition he suggested that Chivers was so popular and powerful a Man in his Country that there could be no indifferent Tryal had at Common-Law c. Hereupon Sir Christopher was summoned and when he appeared he pleaded ore tenus to the Jurisdiction of the Council-board in this Matter but Mr. Perriam gave three reasons why they might proceed First Because it was the common Practise to determine Causes at the Council-Table in England and instanced the Case of one Colshul about an Office in the Exchequer Secondly That in cases of Extremity as loss of Evidence want of just Tryal c. A Suit may be commenced before the Lord Chancellor or at the Council-board propter necessitatem ne curia domini Regis desiceret in Justitia exhibenda Thirdly That there are innumerable Presidents of Causes determined at the Council-Table in Ireland upon these reasons the Judges Dillon and Plunket were of Opinion the Board might proceed to determine this Cause and afterwards the two Chief Justices concurred in the same Opinion so that Chivers was forced to put in his Answer in Writing which he did but still it concluded to the Jurisdiction as before and in his Plea he insisted on the Statutes of Magna Carta cap. 11. and cap. 29. 25 Edw. 3. cap. 4. 28 Edw. 3. cap. 3. and 42 Edw. 3. cap. 3. But he likewise set forth his Title by Descent to part of the Lands in question and made some other Title to the rest The Court was angry with the Defendant for repeating his Plea to the Jurisdiction after it had been so solemnly over-ruled however they ordered the Plantiff to reply which he did by abridging his Plaint as to the Lands Descended and by a solid Answer to the rest of the Plea But at length the Parties agreed among themselves and Chivers for a small Consideration had a Release from Sir Peter however Sir Peter afterwards on the like Petition recovered the
Barony of Idrone from the Cavenghs by the Judgment and Decree of the Lord Deputy and Council The Lord Deputy summoned a Parliament which accordingly met at Dublin on the seventeenth day of January 1568. 1568. The Deputy appeared in Robes of Crimson Velvet lined with Ermin and after an Eloquent Speech from the Lord Chancellor Weston in commendation of the Law and her Majesties Government the Commons departed to their House and chose Stainhurst Recorder of Dublin for their Speaker who being approved by the Deputy on the twentieth of January made his Request as is usual First For Priviledge of Parliament that the Members might come and go without Molestation Secondly for Freedom of Speech Thirdly That the Punishment of any Offender should be lest to the House all which were granted and the Houses adjourned to the next Day But the Popish Party were dissatisfied that Sir Christopher Barnwel was not chosen Speaker and therefore began to Mutiny alledging First That several Members were returned from Towns not Incorporated Secondly That certain Sheriffs and Mayors had returned themselves Thirdly That several Members were returned that were so far from being resident according to Law that they did not know the Corporations that chose them And after four days debate and many high Words the matter was referred to the Judges and they approved of the two first Objections but as to the third they said that the return of Non-residents might be Penal to the Sheriffs but did not incapacitate the Member that was returned to sit in the House But the Judges Answer being reported to the House by the Speaker did not at all please the Papists and therefore Sir Lucas Dillon who was Attorney General was sent for to the House to testifie that it was the Judges Opinion and his also that the Non-resident Members might sit in the House Hooker 120. but neither did this satisfie them On the contrary when the Speaker ordered a Bill to be read the Mutineers opposed it in a very dissorderly manner and so it rested till the two Chief-Justices the Queens Serjeant at Law Attorney-General and Solicitor came to the House the next day and affirmed their Opinions and Resolutions as already mentioned Nevertheless the Male contents who were loth to part with their Irish Captainries and exactions continued their endeavours to obstruct the Proceedings of this Parliament and opposed almost every Bill that was read especially that of repealing Poyning's Act pro hac vice and the Bill for an Impost upon Wines but this had been tolerable if their Behaviour had not been unruly and unbecoming the dignity of that great Assembly Hereupon my Author John Hooker Burgess of Athenry stood up Hooker 121. and spoke to the Bill for the impost on Wine and took an occasion to mention the great Charge the Queen was at for the Defence of the Kingdom and the Protection of the Subject and then reflected on the Rebellions and Ingratitudes of the Irish because the former occasioned that vast Expence and the latter hindred that Contribution which ought to supply it he affirmed the Queen might by her Prerogative have imposed Tonnage on Wine but it would be more pleasing to her to receive it by their Consents expressed in an Act of Parliament and concluded with a comparison of the Mutinies of the Irish against the Lord Deputy to that of the seditious Israelites against Moses The discontented Members were hereupon enraged against Hooker and behaved themselves so tumultuously that some of the Protestants found it necessary to guard him Home to Sir Peters Carews House to prevent the violence they suspected or rather perceived to be designed against him and the next day Sir Christopher Barnwell stood up in the House to speak to a Bill but he pretermitted all that was pertinent and instead of that spent his discourse in Reflections upon Hooker affirming that if Hooker's Calumnies had been uttered any where but in that House they would all have died rather than have suffered them but he was at length interrupted by the Speaker and told That if he had any cause of Complaint he should bring in his Impeachment regularly and in writing but it seems he did not think sit to do so and these Heats cooling by degrees the Parliament at length proceeded with good Success and made these following Acts. I. That in lieu of Coin and Livery and for the Queens Assistance she shall have a Subsidy of thirteen Shillings and Four-pence per Plow-land for ten Years for every Plow-land occupied or manured Cross and Clergy-Land included and a Commission to issue to ascertain Plow-lands and Dublin Cork Kingsale and all priviledged Places to be free from Subsidy for the Corporation Lands and certain Gentlemen for their Demean Lands and Coin and Livery Cartings and Carriage to be suppressed II. A limitation of places for Tanning Leather Repealed III. A Confirmation of the Attainders made by Parliament 28. Hen. 8. And of the Estates of the Patentees in the then forfeited Lands IV. That five of the best of every Tribe shall answer for all the Dammages committed by any of their Family and though this Act be since repealed yet it was a very good Law at that time V. To revive the Acts of Forestallers Servants Wages and Jeofails And so being adjourned to the twenty first day of February they then met and Enacted that Statutes concerning the good Governance of the Kingdom and the augmentation of Her Majesties Revenue may be made in this Parliament non obstante Poyning's Act. And on the twenty third of February the Parliament sat again and Enacted I. The attainder of Shane O Neal and the extinguishment of the name of O Neal and that the Queen be entituled to the Country of Tyrone and other Lands in Vlster II. An Act to make Trinity-Term shorter III. An Act to entitle Her Majesty to the Estate of Thomas Fitz Girald Knight of the Glin. IV. An Act for the Preservation of Salmon and Eeel-Fry V. An Act against laying Hemp Flax or Limed Hides in any fresh River or running Water VI. That whereas Persons have been admitted to Ecclesiastical Dignities which had neither Legitimacy Learning English Habit or English Language but were the Issue of unchast and unmarried Abbots Priors Deans Chantors and such like getting into the same Dignities by Force Symony or other undue Means therefore the chief Governor of Ireland shall for ten Years to come have the sole nomination of all Deans Archdeacons Chantors Chancellors and Treasurers of Cathedral Churches in Munster and Connaught those of Waterford Cork Limerick and Cashell excepted and no Man shall be presented unless he be of full Age and in Orders and can read and speak English and will reside VII That no Man take upon him to be Captain of a Territory without a Patent for it or use any sort of Irish Exactions on Pain of an Hundred Pound for a Lord and an Hundred Marks for a Commoner VIII That no Bill
to her Brother Owen O Moriarta al 's Droghbearla and made such piteous Complaint that he resolved to get her her Cattle again if possible wherefore he addressed himself to the English Governor of Castlemange so effectually that he obtain'd 7. Musketteers and 12. Kearne and with them he followed the Tract of the Cattle that night they came to the Wood of Clawniginky four Miles from Traley where they resolved to lodg but about Midnight seeing a Fire they drew towards it and so came to a Cabbin where they found an old Man alone sitting by the Fire the Servants having ran away on their Approach Kolly who led the Soldiers Cambd. Eliz. 290. and was bred by the English altho a Native Irishman struck the old Man with his Sword and almost cut off his Arm whereupon the old Man cried out that he was Earl of Desmond and Kolly would have spared him but finding that he bled so fast that he could not live he immediately cut off the Earls Head which was sent afterwards into England and placed on a Pole on Londonbridge and for this exploit the Family of the Moriarta's are in disgrace amongst the Irish to this Day Sullivan 100. and Mr. Sullivan says the place where his Blood was Spilt doth still continue red Nor had John Burk better Success for he being in Protection did nevertheless make an Attempt upon Adare and endeavoured to Prey and Plunder the Country thereabout but as he passed by a Boy from the Castle discharged his Gun and shot him Dead And thus ended the Rebellion of Desmond Cambden says The Eleventh in the Ruin of Girald the fifteenth Earl of that Family after whose Death the common People did manifest such Desires of living in Peace that the Forces of Munster were reduced to 200. And not long after a Commission issued to Sir Henry Wallop Sir Valentine Brown and others to take a Survey of all such Lands as had been forfeited within the four years last past And in Vlster Lib. C. Sir Nicholas Bagnall Sir Lucas Dillon and James Dowdall Commissioners of Vlster on the 22d day of October 1583 in the presence of the Baron of Dungannon and the Agents of Turlogh Lynogh and O Donell and by their Consent made these Orders between them 1. That the Truce between them be continued till the 17th of March next 2. That on the 2d day of December each of them shall put in Pledges at Dundalk to keep the Peace towards the Queen and each other 3. That the Controversies between the said Parties shall then be determined 4. That if either Injure the other during the Truce the Queen shall assist the Sufferer and Punish the Delinquent 5. That they shall chuse indifferent Arbitrators to examine Witnesses and determine the Differences between them if they can and if not then to Report the State of the Case to the Commissioners And in Leinster things were so quiet that two of the O Conners determined a Controversy in a form of Justice which being a matter extraordinary shall be related at large Teig Mac Gilpatrick O Connor was accused by Connor Mac Cormâ—ck O Connor Septemb. 1583. before the Lord Deputy and Council for Killing and Murdering his Men being under Protection Teig answered That they had since the Protection confederated with the Rebel Cahill O Connor and therefore were also Rebels and that he was ready to justify his Assertion by Combal Connor accepted the Motion and the Weapons which were Sword and Target being chosen by the Defendant the next day was appointed for the Battle and Patrons were assigned to each of them to introduce them into the Lists the Day being come and the Court sat the Combatants were likewise seated on two Stools one at each end of the Inner Court of the Castle of Dublin most of the Military Officers were present to render this Action the more Solemn and then the Pleadings being read the Combatants were stript to their Shirts and searched by Secretary Fenton and then each of them took a corporal Oath that his Quarrel was true and that he would justify the same with his Blood and then at the Sound of the Trumpets they began the Fight with great Resolution but at length Conner was twice wounded in his Leg and once in his Eye and thereupon design'd to close with his Adversary but Teige being too strong for him pummell'd him till he loosned his Murriâ—n and then he easily Stunn'd him and with Conner's own Sword cut off his Head and brought it to the Lords Justices But Mr. Sullevan Sullevan 108. who exclaims against this barbarous way of Tryal commits three Mistakes in this one Story First he says That this happened in Sir John Perot's time And 2dly That he forced the Parties to the Combat and that they were asham'd to refuse it And 3dly That it was in a Controversy about Lands in Ophaly But to proceed The Viscount Ballinglass that great Incendiary of Leinster was so totally dismayed at the News of the Death of the Earl of Desmond that he also privately Embarked for Spain where not long afterwards he died for grief So that the Kingdom being thus quieted the publick Revenue for the year 1583. Lib. M. amounted unto 23565 l. 12 s. Sir John Perrot Lord Deputy was Sworn the 26th of June 1584. his Commission was as usual during Pleasure 〈◊〉 make War and Peace Caballa of Letters 336. and to punish Offences or 〈◊〉 them Treason against the Queen's Person or Counterfeiting Money only excepted to make Orders and Proclamations to Impose Fines and Dispose of Rebels Estates to exercise Martial Law and to Assemble the Parliament with her Majesties Privity to confer all Offices except Chancellor Treasurer three Chief Judges and Master of the Rolls and to collate and confer all Spiritual Promotions except Arch-Bishops and Bishops to do all things relating to Justice and Government that the Queen could do if present The Lord Deputies Instructions were as followeth I. To Assemble and Consult the Council how the Government may be managed that Justice may take place the Charge lessened the Revenue increas'd and the Subject not oppressed II. To reduce the Army and the Pay as formerly especially in the Countries not wasted and to prevail with the Country to contribute as Carbury heretofore hath done III. To keep the Army in Discipline that they do not oppress the Subject and that the Companies be kept Compleat and Full. IV. To consider how Munster may be Repeopled and how the forfeited Lands in Ireland may be disposed of to the Advantage of Queen and Subject but first they must be Surveyed by Commissioners now sent over to that purpose and for the Encouragemennt of the Undertakers and to avoid Fraudulent Conveyances by the Rebels let there be a Parliament in a proper Season to pass Acts of Attaindure of fraudulent Conveyances and of Qualifying Uses V. That where Leases have been made without usual Reservation of
Nobility and Lords of Countries do not only in their hearts affect this plausible Quarrel and are divided from us in Religion but have an especial Quarrel against the English Government because it limiteth and tieth them who have ever been and ever would be as absolute Tyrants as any are under the Sun the Towns being inhabited by men of the same Religion and Birth as the rest are so carryed away with the Love of gain that for it they will furnish the Rebels with all things that may arm them or inable them against the State or against themselves The Wealth of the Kingdom which consisteth in Cattel Oat-meal and other victuals is allmost all in the Rebels hands who in every Province till my coming have been masters of the Field The expectation of these Rebels is very present and very confident that Spain will either so invade your Majesty that you shall have no leisure to prosecute them here or so succour them that they will get most of the Towns into their hands e'er your Majesty shall relieve and reinforce your Army so that now if your Majesty resolve to subdue these Rebels by force they are so many and so fram'd to be Soldiers that the War will certainly be great costly and long If your Majesty will seek to break them by factions amongst themselves they are covetous and mercenary and must be purchased and their Jesuits and practising Priests must be hunted out and taken from them which now do sodder so fast and so close together If your Majesty will have a strong party in the Irish Nobility and make use of them you must hide from them all purpose of Establishing English Government till the strength of the Irish be so broken that they shall see no safety but in your Majesties Protection If your Majesty will be assured of the Possession of your Towns and keep them from supplying the wants of the Rebels you must have Garisons brought into them able to command and make it a capital Offence for any Merchant in Ireland to trade with the Rebels or buy or sell any Arms or Munition whatsoever for your good Subjects may have for their money out of your Majesties Store that which shall be appointed by order and may serve for their necessary defence whereas if once they be tradable the Rebels will give such extreme and excessive Prices that they will never be kept from them If your Majesty will secure this your Realm from the danger of Invasion as soon as those which direct and manage your Majesty's Intelligences give notice of the preparations and readiness of the Enemy you must be as well armed and provided for your Defence Which Provision consists in having Forces upon the Coast enroll'd and train'd in having Megazines of Victuals in your Majesties West and North-west Parts ready to be transported and in having Ships both of War and Transportation which may carry and waft them both upon the first Allarm of a Descent the enrolling and training of your Subjects is no charge to your Majesties own Coffers The providing of Megazines will never be any loss for in using them you may save a Kingdom and if you use them not you may have your old Store sold and if it be well handled to your Majesties Profit The arming your Majesties Ships when you hear your Enemy arms to Sea is agreeable to your own Provident and Princely Courses and to the Policies of all Princes and States of the World But to return to Ireland again As I have shewed your Majesty the danger and disadvantages which your Servants and Ministers here shall and do meet withall in this great Work of reducing this Kingdom so I will now as well as I can represent to your Majesty your Strengths and Advantages First These Rebels are neither able to force any wall'd Town Castle or House of strength nor to keep any that they get so that while your Majesty keeps your Army and Vigour you are undoubtedly Mestriss if all Towns and Holds whatsoever by which means if your Majesty have good Ministers all the Wealth of the Land shall be drawn into the hands of your Subjects your Soldiers in the Winter shall be with ease lodg'd and readily supplyed of any wants and We that command your Majesties Forces may make the War offensive and defensive may fight and be in safety as occasion is offered Secondly your Majesty's Horsemen are so incomparably better than the Rebels and their Foot are so unwilling to fight in Battel or gross howsoever they be desirous to skirmish and loose fight that your Majesty may be allways Mistress of the Champion Countries which are the best parts of this Kingdom Thirdly Your Majesty victualling your Army out of England and with your Garisons burning and spoiling the Country in all places shall starve the Rebels in one Year because no place else can supply them Fourthly Since no War can be made without Munition and Munition this Rebel cannot have but from Spain Scotland or your Towns here if your Majesty will still continue your Ships and Pinaces upon the Coast and be pleas'd to send a printed Proclamation That upon pain of Death no Merchant Townsman or other Subject do traffick with the Rebel or buy or sell in any sort any kind of Munition or Arms I doubt not but in short time I shall make them bankrupt of their own Store and I hope our Seamen will keep them from any new Fifthly Your Majesty hath a rich store of gallant Collonels Captains and Gentlemen of Quality whose Example and Execution is of more Vse than all the rest of your Troups whereas the best Men of Quality among the Rebels who are their Leaders and their Horse-men dare never put themselves to any hazard but send their Kerne and their Hirelings to fight with your Majesty's Troups so that although their common Soldiers are too hard for our new Men yet are they not able to stand before such gallant Men as will charge them Sixthly Your Majesty's Commanders being advised and exercised know all Advantages and by the Strength of their Order will in great Fights beat the Rebels for they neither march nor lodge nor fight in order but only by the benefit of Footmanship can come on and go off at their pleasure which makes them attend a whole Day still skermishing and never engaging themselves so that it hath been ever the Fault and Weakness of your Majesty's Leaders whensoever you have received any Blow for the Rebels do but watch and attend upon all gross Oversights Now if it please your Majesty to compare your Advantages and Disadvantages together you shall find that though these Rebels are more in number than your Majesty's Army and have though I do unwillingly confess it better Bodies and perfecter use of their Arms than those Men which your Majesty sends over yet your Majesty commanding the walled Towns Holds and Champion Countries and having a brave Nobility and Gentry a better Discipline
charge for Gallowglasses number and time certain viz. Meat and Drink one day in a Fortnight Soroheen more was an equivalent for the other in Quirrens of Butter and Srones of Oatmeal South alias Tax or Tallage is a Contribution towards the payment of the Lords Debts or any other extraordinary occasion vide Cuttings Stanihurst a Treatise in Latin of the Conquest of Ireland by Richard Stanihurst Sullevan the Catholick History of Ireland written in Latin anno 1621. by Philip O Sullevan Siurirupes Carig ni shure alias Carrick in Com' Typerany T. Termon-lands are Lands belonging to the Church and were priviledg'd from Taxes and it seems the Termon was the Clergy-mans Tenant or Servant Turbarii Kernes Irish Foot-Souldiers lightly arm'd Tagh of Land is 60 acres Tuethia the Territory of Mac Swiny na doo in Com' Donegall Tirconell the County of Donegall Tybrach a Castle within two miles of Carrig and not Typerary as is by mistake supposed pag 40. Trowses are Britches and Stockings made to sit as close to the Body as can be Tate is sixty Irish acres V. Vriell is the County of Louth Vallis Juncosa Slevelogher the Mountain between the Counties of Cork and Kerry W. Ware Sir James Ware 's Annals of Ireland Ware de Presul the same de praesulibus Hiberniae Ware de Antiq. the same de Antiquitatibus Hiberniae ERRATA APparatus pag. 1. read 150 of the same miles broad p. 26. read Squaleing Engine Pag. 9. line 16. read irrita p. 11. l. 24. r. Birne p. 13. l. 11. r. next day p. 18. l. 41. r. inheritance p. 20. l. 28. r. Army was p. 23. l. 7. r. Tuam p. 27. l. 35. r. extirpate p. 37. l. ult r. and he without delay p. 44. l. 33. r. extraordinary p. 52. l. 44. r. Combatants l. 46. r. Nor the strong p. 57. l. 2. r. beholding to Ireland p. 63. l. 3. r. fideli p. 69. l. 38. r. Carbry p. 73. l. 46. r. and tho' the Britton had p. 109 l. 23. r. by methods p. 111. l. 20. r. Lucy p. 117. l. 7. r. and the King by his Patent p. 121. l. 17. r. Custodium p. 129. l. 5. r. and wounded the Earl p. 153. l. 34. r. Athy p. 157. l. 34. r. Heir Male p. 183. l. 21. r. Xeesh p. 190. l. 15. r. from his Journey p. 200. l. 16. r. in the world p. 208. l. 16. r. Clogher p. 211. l. 39. r. blows p 213. l. 19 r. repostum l. 42. r. James p. 234. l. 8. r. sixteen hundred p. 260. l. 9. r. quieted p. 261. l. 1. r. Finin O Driscoll l. 37. r. at four p. 271. l 40. r. if they prove p. 321. l. 43. r. 1565. p. 324. l. 5. r. Alexander Oge p. 325. l. 3. r. by Affane p. 329. l. 13. r. offenders in Parliament p. 367. l. 43. r. Thomas Butler alias Becket p. 368. l. 18 r. combat p. 370. l. 8. r. at wars p. 399 l. 30 r. aspersions p. 417. l. 20. r. gap p. 418. l. 19. r. root p 420. l 8 r. at loose fight p. 421. l. 15. r. O Birnes p 422. l. 9. r. figary l. 31. r. he deposed p. 425. l. 30 r. Barret l. 44. r. hereupon p. 426. l. 32. r. disown'd a Truce I do hereby License a Book written by Mr. Richard Cox intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland to be Printed and Published Given at the Court at Whitehall the 18 th day of February 1689-90 Shrewsbury Let this Book intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland be Printed Nottingham Febr. 18. 1689-â—â— HIBERNIA ANGLICANA OR THE SECOND PART OF THE HISTORY OF IRELAND From the CONQUEST Thereof by the ENGLISH To this Present Time By the Author of the First Part. ΕΙΚΩΠΒΑΣΙΛΙΚΗ 61. Indeed that Sea of Blood which hath been cruelly and barbarously shed in Ireland is enough to drown any Man in eternal both Infamy and Misery whom God shall find the malicious Author or Instigator of its Effusion Earl of Clarendon against Cressy 71. Was not the Rebellion begun and carried on by the King's Roman Catholick Subjects Was there one Man but Catholicks that concurr'd in it And did they pretend any other Cause for it but Religion In the SAVOY Printed by Edward Jones for Joseph Watts at the Angel in St. Paul's Church-yard Matthew Gillyflower in Westminster-hall Charles Harper in Fleet-street and Samuel Crouch in Cornhill MDCXC TO THE KINGS Most Excellent MAJESTY GREAT SIR IT is noted by the Lord Bacon in the Life of the Wise and Victorious Prince King Henry the Seventh That it was his Custom to be First or Second in all his Warlike Exploits and that it was his Saying when he heard of Rebels That he desir'd but to see them What Your Majesty has lately published to the Two Houses of Parliament is of the same Spirit and Policy But This is not the only Parallel between Your Majesty and that Great King for He also came from Abroad yet with this Distinction that His Coming was only to assert his Particular Claim whereas the Coming of Your Majesty was of Vniversal Concern it being to free us all who were at the Brink of Idolatry and Bondage To whom then GREAT SIR should I Dedicate this Second Part of the History of Ireland but to Your Majesty who now Dedicates Your Self to the Redemption of Ireland and being thus far in Possession of the Subject I am already preparing to Record all Your Majesty's Glorious Atchievements and am in certain expectation of a greater Theme than ever that Kingdom could hitherto boast 'T is true Your Majesty hath herein the Power of Two Kings to Oppose but 't is no ill Symptom that by what you have already done the One of them has been constrained to send his Plate and the Other his Cannon to the Mint Nor ought we to think better of Irish Armies or Irish Courage than is thought by those who judge Both well paid for when but rewarded with Copper 'T is certain The Bulk of that Nation are already surfeited with the Stratagem of that Imaginary Coin they feel the Fruits of contending for a French Interest by the Slaughter Sickness and Defolation of the Year past so that 't is possible Humane Nature may at length be too hard for the Priest and the Politician too and that when by Your Majesty's Presence they behold their Ruin at hand they may give more Exercise to Your Mercy than to Your Sword It was truly observed by Your Majesty in Your late Gracious Speech That in the speedy Recovery of Ireland the Place and Honor of England did consist and that hereby alone Taxes could cease So that as Your Majesty is now willing to expose Your Person for those Great Ends 't is not to be feared but the Nation will second Your Majesty with such Royal Supplies as may make it a short and not a lingring Work for not only in This but
the preposterous Courses they took For they were taught That the Pope was by Divine Right Universal Monarch and Governor of the World P. W. Remonstrance in Preface 6 7. and had Independent Sovereign Authority over Kings and Subjects in Temporal as well as Spiritual Concerns That he might Deprive and Dethrone Kings and had Power of both Swords to which every Soul upon pain of eternal Damnation was bound to give Obedience That he had power to absolve from all Oaths and that those who are slain in the Quarrel of the Church against an Excommunicated Prince die true Martyrs of Christ and their Souls fly to Heaven immediately So that it is no wonder that a People for the most part abounding in Ignorance and Bigotry tempted by the Hopes of Profit in the Plunders and Success of the War and stimulated by a National Malice against the British should be guilty of all that Cruelty and Treachery which they thought Meritorious and was in their Opinion conducive to their main Design of Extirpating the Protestants This tedious and bloody War which was at first begun by the Papists against the Protestants to support the King's Prerogative and suppress the Puritans as they pretended met with such prodigious Turns and Vicissitudes in the Progress of it that the most virulent Faction of the Papists joyn'd with the Puritans and fought for them against the King and against one another and all the Parties in the Kingdom which were * King Ormond Parliament Cooâ— Covenanters Lord of Ardes Supreme Couucil Preston Nuncio Owen Roe Five did one time or other in the War fight against the Faction it had formerly sided with But because this War was on the King's part managed by the Marquis since Duke of Ormond first in the Quality of Lieutenant General and afterwards as Lord Lieutenant it is necessary that according to my former Method I give some Account of Him which perhaps cannot be better done than from a MS. I accidentally met with wherein there are some short memorable Strokes of Him and his Family not unfit to be communicated to the Reader and therefore I have transcribed it as followeth 1. He was born at Clerkenwell in London on the Ninteenth of October 1610. and died at Kingstonhall in Dorset-shire on the 21th of July 1688. This was the 78th Year of his Age in which time he had seen Four Kings and served Three of them for 57 Years with an unshaken Zeal to the Crown 2. That he had seen Three Generations above him as maâ—â—ely his Father Thomas Viscount Thurles his Grandfather Walter Earl of Ormond and his great great Uncle Thomas Earl of Ormond who being a Black Man was commonly called by the Irish Thomas Duff This Thomas who was also Earl of Ossory was a Man of high Courage and Endowments and much favoured by Queen Elizabeth as being also Kinsman to her Mother He was Knight of the Garter Lord Treasurer of Ireland and General of the Army there He lived to the Age of Eighty seven Years and in the Reigns of Five Kings and Queens and died in 1614. So also had his Grace seen Three Generations below him as namely his Son Thomas the Renowned Earl of Ossory his Grandson James the present Duke and his great Grandson Thomas who was playing in the Room before him but a few Hours before his Death 3. That he had for some Years sat with Two of his Sons the said Thomas Earl of Ossory and Richard Earl of Arran in the House of Peers in England and his eldest Son was Knight of the Garter at the same time with Himself 4. That if the Siding and Partaking with the House of Lancaster in the Ancient Quarrels with the House of York which divided and at one time or other involved the whole Nation may pass for nothing it will not appear in all the Records that any Staln of Disloyalty was ever imputed to any that were the Chief Branch of this Family for Five hundred Years 5. That his Grace not to count what Titles they had before was the Twelfth Earl of Ormond and the Seventh of that Name of James He who was the Second James and styl'd The Noble Earl as being by his Mother de Bohun Great Grandson to King Edw. I. was thrice Lord Justice of Ireland And the Fifth James being by Hen. VI. made also Earl of Wiltshire Knight of the Garter and Lord Treasurer of England was Five times made Lord Deputy and Lord Lieutenant of Ireland and had a Patent of it for Twelve Years His late Grace the Seventh James was Lord Lieutenant Four times which in all took in about Twenty four Years And if we shall reckon how many of this Family and how often they have been concern'd in that Government it thus appears That from the 31 Hen. 3. 1247. when Theobald Butler Lord of Carrick was made one of the Lords Justices to 1 Jac. 2. 1684. that his Grace was dismist from being Lord Lieutenant there have in the space of Four hundred thirty seven Years been Ten of this Family who have Seven and twenty times been either Lords Justices Lords Deputies or Lords Lieutenants of that Kingdom These Instances are perhaps sufficient to give the Reader some farther Curiosity to know by what Steps this Great Man grew up into the World who had a various and difficult Part in those Revolutions that befel Three Kingdome and the Monarchs thereof And inasmuch as they seem to reflect some Light on part of the following Story I will venture to add what I also found in the same Manuscript as followeth That the said Thomas Duff having no other Issue than his Daughter the Lady Elizabeth he first married her to his Nephew Theobald Viscount Tullough who was a Protestant as well as himself But he soon dying Childless and the young Widow being made very considerable in her Fortune by the Father's Indulgence there came Sir Richard Preston a Scotchman who being much favoured by King James and fortified by His Credentials he obtain'd the Lady and was made thereupon Lord Dingwell in Scotland and Earl of Desmond in Ireland This Earl soon began to stretch and enlarge his Pretensions to the Estate But Earl Walter the Heir at Law opposed him King James was pleased to take upon Him the Arbitration between them but did it with such partiality as Earl Walter thought that he chose rather to be thrown into the Fleet as for Contempt than to submit There he lay a Prisoner for Eight years together his whole Estate Sequestred and Extended his County Palatine of Tipperary which had been Three or Four hundred years in the Family seised by Quo Warranto into the King's Hands and he reduced to a shameful Want The Duke of Buckingham was active in this Oppression but the Cry of it grew so lowd at last that the King relented for what he had done In these Troubles it was that his Grace's Father Thomas Viscount Thurles coming over to prosecute in
what little jealousie he had of it was seasonably imparted to the Lords Justices by the Letter mentioned Page 65. as his surprize at that unexpected Rebellion is expressed in his Letter to the Earl of Ormond recited Appendix 49. The next thing in Dispute The Sixth Question is The Number of those that were Massacred which Sir William Petty computes not to exceed 37000 Not the twentieth part of what is reported says the Earl of Castlehaven not exceeding some hundreds says P. W. not above 400 says the Author of the Settlement and Sale of Ireland not above 4000 says R. S. in his Collection of Murders To which I answer That by Depositions upon Oath it does appear that many thousands of British were murdered and many more came to untimely Deaths by the Cruelty of the Irish and this is an undeniable way of Arguing That all the British that did not escape did perish by that Rebellion and though the Difficulty still remains to ascertain the number of those that escaped yet it is certain they could not be half of what were in the Kingdom because the Towns that were left for their Refuge were not capable to Receive or Entertain so great a number and even those that did escape to Towns did perish in heaps by reason of the ill usage they had received from the Irish And indeed Sir W. Petty does allow this method of Calculation but his mistake is occasioned by leaving out an Item that I conceive should have been added and that is the number of those born in Ireland and transported thither out of England and Scotland during the interval between 1641. and 1652. for his Compution runs thus British in Ireland anno 1641. 266550 British alive anno 1652. 150000 Ergo there perished in the War but 116550 Whereof one Third in the first Year of the Rebellion and the rest from thenceforward But he should have added That in those ten Years from 1641. to 1652. there were born in Ireland and there came thither out of England and Scotland in all about 300000 Souls and he should have added a proportion of that number to the other and then he had been near the Computation which other Judicious Men have made in that matter But others well knowing that the greatest part of the British that were in Ireland did really perish in the first year of that Rebellion do deny that there was any such Number there as is pretended to have been Massacred and one of them is so vain to say That the Irish were a hundred to one But whoever considers that the British Plantations in Munster had been setled forty years before and that of Vlster almost thirty years that half the Kingdom was the Propriety of Protestants that there were no less than 100000 Scots as the Earl of Strafford affirmed upon his Tryal that the Earl of Cork alone had above 10000 Protestant Souls upon his Estate that all the Officers of State War and Justice and most of the Mechanicks were British will find no Grounds for that Objection However I will not pretend to determine the Number but this I will say That it was great enough to draw the Curse of God and the Revenge of Man upon the infamous Authors of that Massacre as it afterwards did The next Objection is The Seventh Question That the Rebellion was not General but was begun by a few desperate Persons in the North and therefore the Popish Members of Parliament did readily agree to a Protestation against it Review 31. in a Session of Parliament on the 16th of November Quidam nobiles in Vltonia conspirant says Mr. Beling Page 2. To which I answer That the beginning of all Rebellions is by a few or at least there do but few appear in them at first but never any Rebellion in the world increased faster or became more General than this whereby it is manifest that the Design and Conspiracy was Universal and so Rory Macguire told his Brother-in-Law Colonel Awdly Mervin on the 27th of October That all Ireland was by that time in their hands and those that are Ingenious of that Party do confess it to be so P. W. Pref. to Remonstrance 12. their own Procurator P. W. does acknowledge That it was an Vniversal Rebellion and that all the Irish Papists a very few excepted P. W. Letters 54. that it was the National Sin of the whole Catholick Party by Participation were concerned in it O Reylye's Wife said The Lords of the Pale were the Ringleaders and Colonel Planket affirmed That all the Popish Lords had contracted before-hand and Patrick O Bryan testified the same upon Oath and named the Lord of Gormanstown particularly The Lord Macguire confessed That those of the Pale were privy to the Plotting of the Rebellion and Macmahon declared That all the Popish Lords and Gentlemen in Ireland were Engaged in the Plot and that twenty out of every County were to be detached for the Surprize of the Castle of Dublin There was not one County shall I say a Catholici intra Dublinium numero hereticis superiores paratissimi erant ad Vrbis deditionem concurrere vindiciae eversae 91. Temple 46. City in the Kingdom exempt from the Rebellion and in the Province of Vlster only there were 30000 Irish-men in the Rebellion by the 5th of November and I must do Father Ponce the Right to acknowledge That he is more just than to shelter his Party under this pitiful and false Subterfuge and therefore he frankly confesseth That they were all in the b Faedus initur ab omnibus vindiciae eversae 6. Conspiracy and that not the Great Men only but the c Non proceres modo sea eujusâ—bet conditionis per universum Râ—gnâ—m Cathoâ—â—â— Catholicks of all Conditions throughout the whole Kingdom were concerned And certainly it is Incumbent upon these Advocates to shew that those whom they would clear from this Rebellion did publish any Protest or Manifesto against it or d As the Marquis of Clanâ—ickard and some few others did fight against the Rebels or assist the Assaulted English but on the contrary it is manifest by the Decrees of the Assembly That they would suffer no Neuters amongst them But what need any more to be said than that a few could not have perpetrated the Murders and Robberies they have committed The Irish were not so stout nor the British so tame to be served so by a few It appears by Dr. Jones his Examination that the Conspirators at Multifernam computed their Number to be 200000 Men and the Event shewed they had no less but I will close all with the Expression of the Congregation at Kilkenny in May 1642. viz. There is the Vnanimous Consent and Agreement of almost the whole Kingdom in this War and Vnion And the saying of the King to the Protestant Agents at Oxford Anno 1644. when they offered to prove that it was a General Conspiracy and Rebellion
Twenty six before they came to Ireland and Fifty one in Ireland whereof Twenty four were Monarchs and Thirty three in Scotland and so succeeded by Hereditary Right from his Illustrious Irish Ancestors Now I say that they have gotten such a Rightful Hereditary King Analecta Hiberniae the Reader must not expect to hear of any more Irish Rebellions but on the contrary that their peaceable and Loyal Deportment will distinguish between Rightful and Usurping Princes Consanguinei Regis analecta Hib. 208. and that now theâ—â— own Kindred is restored to them we may expect to find that they will take pleasure and delight and a conscionable Pride as they phrase it to be Ruled and Commanded by their own Relations Ib. 276. Germen Hibernorum spes seminis jubar sanguinis and that their great Endeavours for the Kings of England of that Line to whom they are tyed by the Bond of * Cui obligati sumus vinculo sanguinis Consanguinity will be the Work of a Simpathy of Blood if there be any Truth in the Reports or Flatteries of the late Irish Historians or in the Speech of the present Recorder of Kilkâ—nny But alas these thin Pretences which in Ireland are thought Stratagems are easily seen through in England where it is believed that there is something more Criminal in Heresie then can be expiated by Extraction and therefore they expect that the Royal Family of the Stuarts whilst it continues Protestant must have their share of opposition and disturbance even from their own Irish Country-men and with as malicious Circumstances as any other Protestant Princes have had and how far they were in the right of it is Summarily related in my Epistle to the Reader but shall here be more at large explained JAMES VI. King of Scotland 1602. Succeeded the Deceased Queen Elizabeth on the Throne of England by unquestionable Right Ir. Stat. 2. Jac. 1. cap. 1. I say unquestionable notwithstanding the Book published against his Title and Right of Succession by Parsons the Jesuit under the name of Doleâ—an for the material Allegations of that Author are notoriously false and which is worse himself knew that they were so as Peter Walsh hath assured us Letter to the Bishop of Lincoln p. 212. and it is manifest to all the World that the King was the only Son of Mary Queen of Scots Daughter of King James the Fifth Son of James the Fourth by Margaret his Wife who was the eldest Daughter of Henry the Seventh by Elizabeth Heiress of the House of York and so was Heir to both the Families of York and Lancaster And was therefore Proclaimed King without any opposition Secretary Cecill himself reading his Title as also Queen Elizabeth's Will at Whitehall Gate on the 24th day of March 1602. And as to Ireland CHARLES Lord MOUNTJOY continued Lord Deputy 1603. and was afterwards made Lord Lieutenant of that Kingdom and having received Letters from the Council of England with a Proclamation of the new King he first Signed the Proclamation and all the Council did the like in Order and then with great Solemnity they published and proclaimed the same in Dublin on the Fifth of April and about the same time he received kind and gracious Letters from the King then in Scotland by one Mr. Leigh whom therefore the Lord Deputy Knighted The Earl of Tyrone who was brought to Dublin in Company with the Lord Deputy on the 4th day of April could not refrain from Tears on the News of Queen Elizabeths Death nor can we blame him for it for besides the unsecurity of the Pardon or Protection he relyed on being derived from a Princess that was Dead and an Authority that was determined before it was executed He had also lost the best opportunity in the World either of continuing the War with advantage or of making a profitable and meritorious Submission to the new King nor did he want Pretences and Circumstances that would have made his free Submission highly valuable and exceeding honourable however since he had missed the Season of doing better he thought it prudent to do the best for himself that his Circumstances would permit and to secure the Protection and Estate that were promised him and accordingly the 6th day of April the Lord Deputy did not only renew his Protection in King James his Name but soon after gave him Liberty to return to Ulster to settle his Concerns but first the Earl put in his Hostages and also renewed his Submission in a set Form of Words wherein he abjured all foreign Power and Jurisdiction in general Morison 279. and the King of Spain's in particular and renounced the Vraights of Ulster and the name of O Neal and all his Lands except such as should be granted to him by the King and he promised future Obedience and to discover his Correspondence with the Spaniard And at the same time he wrote to Spain for his Son Henry but without effect for he was afterwards found strangled at Brussels no Body knows how and on the 15 th day of April O Rourk in like manner by his Letters humbly offer'd to submit to his Majesties mercy which Offer was accepted These Great men having thus submitted and the Kingdom but especially Ulster being so wasted and destroyed that the Famine encreased to the degree of eating one another as I have already mentioned in my former Part. And the number of the Irish being exceedingly lessened by their many tedious and obstinate Rebellions and those that remain'd except Cities and Towns being so poor that the very estated Men had not wherewithal to stock or cultivate their Land nor had any improvements left upon their Estates Bello peste inedia fatigati Analecta Hib. 207. except perhaps a dismal Castle and a few pittiful Cabins One might expect that this miserable Condition which required a long interval of Rest and Peace to amend it would oblige these People to live peaceably and Loyally under this new King of their own Lineage And perhaps it might have done so if the Universities of Salamanca and Validolid had not about this time sent over their Determination of that knotty Point that Vexata Questio Whether an Irish Papist may obey or assist his Protestant King Which they resolved in the Negative by two Assertions Sullevan's Cath. History 203. 1. That since the Earl of Tyrone undertook the War for Religion and by the Pope's Approbation it was as meritorious to aid him against the Hereticks as to fight against the Turks And 2. That it was mortal Sin any ways to assist the English against him and that those that did so can neither have Absolution nor Salvation without deserting the Hereticks and repenting for so great a Crime But this New Declaration of two such famous Universities and the Impatience of their busie Priests set them a madding again so that they wanted nothing but Power to make a more general and formidable
Agents MY LORDS THese Noblemen and Gentlemen of Ireland are called hither this day to hear my Conclusion and Determination in a Cause of great consequence Lib. C. which hath depended long in Trial. Thus far it hath had Formality for it is a Formality that Kings hold in all Processes of importance to proceed slowly to give large Hearings and to use long Debate before they give their Sentence These Gentlemen will not deny that I have lent them my own Ear and have shewed both Patience and a Desire to understand their Cause at full It resteth now that we make a good Conclusion after so long Debate It is a good Rule to observe Three Points in all weighty Businesses Long and curious Debate Grave and mature Resolution and Speedy Execution The First is already past the Second is to be perform'd this day and the Last must follow as soon after as conveniently may be I promis'd to these Noblemen and Gentlemen of the Recusant Party of Parliament Justice with Favour let them see whether I have perform'd my Promise Sure I am but for performance of that Promise I should not have given such a patient Hearing nor made such a curious Search into the Causes of their Complaints neither should I make such a Conclusion as I am now like to make of this Business In the Search tho' I doubted not of the Honour and Justice of the Lord Deputy's Government yet I dealt not with him as with my Servant not as with one the most unreprovable Governor that ever was in that Kingdom as some of your selves have acknowledg'd him to be to my self but as with a Party But after the Commissioners had heard all that could be alledged I found him indeed a faithful Servant by their Certificate which was Conclusio in Causa The Gentlemen I sent were such as no Exception could be taken against them Some were never there before some so long sithence that rerum facies fuit mutata since they lived in that Kingdom It rests in me now to set down my Conclusion but before I declare my Judgment I will speak of some things offered by you the Recusant Half-body which are called Parliament-Becusants I have heard of Church-Recusants but not of Parliament-Recusants this Difference was never before heard of First The Letter you sent unto me in the beginning of the Parliament was full of Pride and Arrogance wanting much of the Respects which Subjects owe to their Sovereign Now if I should do you Justice I should take you at your Word lay together your Offer in your Letters and the Articles which my Attorney laid open unto you then shall you see your Case For you made offer That if you failed to prove any one Point of that which was contained in your Complaint you would renounce my Favour in all ☞ yet have you scarce proved a Word true but on the other side almost every Point hath been proved contrary Of Fourteen Returns whereof you complain but Two have been proved fâ—lse and in the Government nothing hath been provad faulty except you would have the Kingdom of Ireland like the Kingdom of Heaven But commonly Offenders are most bold to make Offers of their Innocency for they being in passion begin in heat and continue in heat but when they see themselves in the Glass of their own Vanity they find their Error And this I have found in my own Experience in Scotland and since my coming hither Now I will divide my Speech into Two Parts touching the Offences done by you and your Complaints against the State and Government To the First An unusual Favour was offer'd you by my Deputy for he sent for you and advised you to consider what Laws were fit to be propounded for that Commonwealth and offer'd to concur with you Your Answer should have been Humble Thanks on your Knees but you neglected that Favour and answered by your Agent in the name of the rest That you would first be made acquainted with such Bills as the Deputy and Council there had resolv'd to transmit Before the Parliament there was sent to me by a few Men a Letter rash and insâ—lent That nothing should be pursued in Parliament but you should be acquainted with it and withal threatning me with Rebellion in a strange fashion with Similitudes unsavoury and unmannerly and unfit to be presented to any Monarch and after that you did nothing but heap Complaint upon Complaint till the Parliament was sat down The Parliament being sat you went on with a greater Contempt There were in the Lower House Two Bodies and but One Head a greater Monster than Two Heads upon One Body And whereas you should have made an humble and dutiful Answer to the Commendation which I made of a Speaker you the Recusant-party being the fewer when the greater Number went out to be numbred shut the Door and thrust one into the Chair as a Speaker manu forti After this the Recusants of both Houses depart from the Parliament The like was never heard of in France Spain or any other Kingdom of Christendom Then come Petitions to the Deputy of a Body without a Head a Headless Body You would be afraid to meet such a Body in the Streets A Body without a Head to speak nay half a Body what a Monster were this a very Bughear Methinks you that would have a Visible Body Head of the Church over all the Earth and acknowledge a Temporal Head under Christ ye may likewise acknowledge my Viceroy or Deputy of Ireland Then did the Deputy give you warning to come to the Parliament to pass the Bill of Recognition but that you put it off with Tricks and Shifts which thing I will urge no farther but why should the Lords refuse to come they had no colour of Absenting themselves having nothing to do with the Orders or Disorders of the Lower House the Lords here and the Lower House are as great Strangers in those Matters as the Parliament Houses of Spain and France neither had the Recusants of the Lower House any just Cause of Defection since an Indifferent Committee was offered to them This was such an ill Example and such a Crime to refuse to appear at the King's Summons as if you shall advise with Lawyers upon it I know not what it may import After this hither you came and only your Appeal to me hath inclined me to Mercy yet I speak not this to encourage your Complaints to be brought hither when the Deputy and State may determine them though this being a Matter of Parliament was fit for the King 's Hearing and your Appeal hath been heard and heard usque ad Nauseam And whereas it should have wrought Humility and Thanks the Fruit hath been that I will not say in a preposterous but in a Rebellious manner you have heaped Complaints upon Complaints and Petitions upon Petitions not warranted with any Truth to make the more noise whereas you should have look'd back to
your own Miscarriages Then I sent Commissioners to examine as well the By as the main Business which you first presented to be the Cause of your Appealing to me but in stead of Thanks for that Favour there came yet more new Complaints which because the Council here have already answered I will not speak of Now if you look back to your own Miscarriage and my Lenity you shall find that your Carriage hath been most Undutiful and Unreasonable and in the next degree to Treason and that you have nothing to fly to but to my Grace The Lower House here in England doth stand upon its Privileges as much as any Council in Christendom yet if such a Difference had risen there they would have gone on with my Service notwithstanding and not have broken up their Assembly upon it You complain of Fourteen false Returns Are there not many more complained of in this Parliament yet they do not forsake the House for it Now for your Complaints touching Parliament Matters I find no more amiss in that Parliament than in the best Parliament in the World Escapes and Faults of Sheriffs there may be yet not them proved or if it had been proved no cause to stay the Parliament all might have been set right by an ordinary Course of Tryal to which I must refer them But you complain of the new Boroughs therein I would fain feel your Pulse for yet I find not where the Shoe wrings For First you question the Power of the King Whether he may Lawfully make them And then you question the Wisdom of the King and his Council in that you say There are too many made It was never before heard that any good Subject did dispute the King's Power in this point What is it to you whether I make many or few Boroughs my Council may consider the fitness if I require it but what if I had made Forty Noblemen and Four hundred Boroughs the more the merrier the fewer the better Chear But this Complaint as you made it was preposterous for in contending for a Committee before you agreed of a Speaker did put the Plough before the Horse so as it went on untowardly like your Irish Ploughs but because the Eye of the Master maketh the Horse fat I have used my own Eyes in taking a view of those Boroughs and have seen a List of them all God is my Judge I find the new Boroughs except one or two to be as good as the old comparing Irish Boroughs new with Irish Boroughs old for I will not speak of the Boroughs of other Countries and yet besides the necessity of making them like to encrease and grow better daily besides I find but few erected in each County and in many Counties but one Borough only and those erected in fit Places near Forts or Passages for the Safety of the Country Methinks you that seek the good of that Kingdom should be glad of it I have caused London also to erect Boroughs there and when they are throughly planted will be a great Security to that part of the Kingdom therefore you quarrel with that which may bring Peace to the Countrey for the Persons return'd out of those Boroughs you complain they have no Residence if you had said they had no Interest it had been somewhat but most of them have Interest in the Kingdom qui habent interesse are like to be as careful as you for the Weal thereof I seek not Emendicata Suffragia such Boroughs as have been made since the Summons are wiped away at one word for this time I have tryed that and done you fair Play but you that are of a contrary Religion must not look to be the only Law-makers you that are but half Subjects should have but half Privilege you that have an Eye to me one way and to the Pope another way the Pope is your Father in Spiritualibus and I in Temporalibus only and so have your Bodies torn one way and your Souls drawn another you that send your Children to the Seminaries of Treason strive henceforth to become FULL Subjects that you may have Cor unum and vlam unam and then I shall respect you all alike but your Irish Priests teach you such grounds of Doctrine as you cannot follow them with a safe Conscience but you must cast off your Loyalty to your King Touching the Grievances whereof you have complain'd I am loath to spend Breath in them if you charge the inferiour Ministers of the Country all Countries are subject to such Grievances but if you charge the Deputy and State nihil probatur Indeed I hear not from you but from others there is one thing grievous to the Country that notwithstanding the Composition establish'd in the Provinces the Governours there do send out their Purveyors who take up their Achates and other Provision upon the Country if this had been complain'd of to the Deputy or to me it had been reformed the Deputy himself at Dublin doth not grieve the Country with any such â—urden Another thing there is that grieveth the People which is that in the Country where there is half Peace and half War the Sheriffs and Soldiers in their passage do commit many Extortions For these Grievances I my self will call the Deputy unto me and set down such Orders in this time of Vacation as these Abuses shall be redressed and clear taken away and if any such disorder he sufferd hereafter it shall be only for fault of Complaining and because the meaner sort will perhaps fear to complain I would have such Gentlemen of the Country as are of best Credit to present Complaints which they may do in such manner as the Parties who prefer the Complaints may not be known There is a double cause why I should be careful of the welfare of of that People First as King of England by reason of the long Possession the Crown of England hath haâ— of that Land and also as King of Scotland for the ancient Kings of Scotland are descended of the Kings of Ireland so as I have on Old Title as King of Scotland therefore you shall not doubt to be relieved when you Complain so as you will proceed without Clamour Moreover my Care hath been that no Acts should be prefer'd that should be grievous to that People and to that end I perused them all except one that I saw not till of late that is now out of Door for I protest I have been more careful for the Bills to be past in that Parliament then in the Parliament of England Lastly For Imputations that may seem to touch the Deputy I have found nothing done by him but what is fit for an honourable Gentleman to do in his Place which he hath discharged as well as any Deputy did and divers of you have Confessed so to me and I find your Complaints against him and the State to be but causeless Expostulations To conclude my Sentence is That in the
went into England to give his Majesty a full account of his happy and successful Administration of the Government for I find he was created Lord Baron of Belfast on the 23th of February 1615 and perhaps then made Lord High Treasurer THOMAS JONES Archbishop of Dublin Lord Chancellor Sir JOHN DENHAM Lord Chief Justice of the King's Bench were Sworn Lords Justices on the 11th of February 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland which were Lett for Five hundred Pounds the first Year and before his Death which happened the 6th of January 1638 they were improved to that degree that they were farmed at Fifty Four thousand Pounds per Annum But the Papists beginning again to grow very insolent it was necessary to hasten the new Lord-Deputy thither and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN afterwards Viscount Grandison 1616. was sworn Lord-Deputy he behaved himself briskly against the Papists who were at that time very high in Ireland Mr. Sullivan says He was a Bloody Man and that he swore he would in two Years banish all the Priests and that he levied 600000◠from the Papists for Fines and Forfeitures for not going to Church and that in Dublin only he imprisoned Ninety Citizens for denying the King's Supremacy all which is notoriously 〈◊〉 And about the same time a most Scandalous lying Book was published Entituled Annalecta Hiberniae written by David Rooth Vicar Apostolick at the Instigation and Charge of the Lord M And stuffed with innumerable Lyes and malicious Accusations of the King's Government in Ireland and yet dedicated to the Prince of Wales which is a high strain of Impudence and Folly to dedicate to the Son Reflections and Scandals upon the Father and as if that Author intended to mock the Son as well as to abuse the Father and that his Dedication to him should pass for nothing he has added another Dedication by way of Appeal to all Foreign Emperors Kings and Princes wherein he avers That the Irish look for nothing but that the King would use them like a King i. e. not like a Tyrant and when I have added that he compares the King to Julian the Apostate and Cajus Caligula and the English-men to Dogs and Wild-Beasts I have said enough of the Spirit and design of that malicious Author The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done and two things were resolved on to humble them one was to banish all their Regulars which did in great numbers swarm almost every where in that Kingdom And the other was to suffer no Magistrates or Officers but what should take the Oath of Supremacy according to Law and in order thereunto there did issue a Proclamation against the Popish Clergy on the 13th of October 1617. Anno Dom. 1617. And afterwards on the 5th of March 1617 Donogh Earl of Twomond Lord President of Munster and Sir William Jones Lord Chief Justice of Ireland did by Virtue of a Commission under the Great Seal bearing date the 23d of January 1617 seize on the Liberties of Waterford and all their Rent Rolls Ensigns of Authority and their publick Revenues which amounted to Three Hundred and Four Pounds Ten Shillings per Annum and kept Assizes in the City for the County of Waterford The cause of this Seizure was because Nicholas White who from Michalmas 1615. to the 20th of October then next following did exercise the Office of Mayor of Waterford did on the 20th day of October 1615. refuse the Oath of Supremacy being then tendered to him by the Lord President by Virtue of a special Commission to that purpose and that upon his refusal the City Elected John Skiddy who Acted as Mayor till the 1st of May 1616. and then refused the same Oath being tendred to him by the Lord President whereupon the City chose Alexander Cuffe and swore him Mayor on the 27th of May who likewise on the 8th of July refused the aforesaid Oath of Supremacy before the Lords Justices whereupon he forbore to Act any farther in the Mayoralty and so it stood till the 1st of April 1617. at which time Walter Cleer was sworn Mayor and so continued Moreover the City had no Recorder since the Death of Nicholas Walsh Anno 1615 and yet in January 1616 there was a Goal Delivery held before the said John Skiddy without any Recorder and one William Person was then Condemned before him and afterwards by his Order executed for Felony And it appeared that the Statute of Elizabeth of Uniformity had not been given in Charge in their Sessions at Waterford for Two years past and all this was found by Inquisition taken the 5th day of September 1617. In the mean time there were sharp Contests between several great Families in Ireland about their Inheritance Lib. F. F. F. 199. the one was between Katherine Lady Power who was Heir General to the Deceased Lord Barry and the then Lord Barry Viscount Buttivant and that was happily Compos'd by the Kings Mediation and the Marriage of the Lord Barry with the Lady Power 's Daughter and the other was between Walter Earl of Ormond and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond who died Anno 1614. Their Case is to be found the very last Case in my Lord Hobert's Reports and was refer'd to the King who Anno 1618. made his Award and divided the Estate between the contending Parties but the Earl of Ormond thought that Distribution so unequal that he refused to submit to it and therefore endured a long Imprisonment and many other Hardships from the Court but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond with the sole Daughter and Heir of the Lady Dingwell and that happy Couple improved that divided and shattered Estate to be the greatest and best belonging to any Subject in the Kings Dominions and are well known to the World by the Names of the first Duke and Dutchess of Ormond In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath and not long after there arose a Dispute between the Archbishop of Armagh and the Bishop Elect of Clogher about the Exercise of Jurisdiction before Consecration but after some Expostulations the Controversie was peaceably Compos'd The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose and in the same Year Thomas Viscount Thurles Father of the first Duke of Ormond was drowned It was in this Year that the King to mortifie some of the most active Members of the House of Commons that had fallen under his
Name of THE CASE OF TENURES and was excellently reported in Print by Baron Barry afterwards Lord Chief Justice of Ireland and Baron of Sautry This Grand Inquisition was counted so great a Master-piece of the Lord Deputies and so beneficial to the King and advantagious to the English Interest That some Persons who went to England to complain of it were there not only discountenanced but imprison'd and afterwards sent back to be dealt by as the Lord Deputy should think fit which it seems produced their Submission And not long after the Lord Deputy having first received Orders to Grant the Impropriations belonging to the King to the use of the Clergy and to Grant to Trinity Colledge near Dublin Lands equal in value to the Pension they had from the Crown of 388 l. 15 s. per Annum went to England to give his Majesty a Triumphant Account of his glorious Successes in Ireland which he performed to Admiration First to the King in a private Audience and afterwards publickly at the Council-board He there told the King and Council That he had found the Irish Exchequer of Paper but he had made it of Treasure and that he had not only improv'd the Patrimony of the Church of Ireland but had also brought it to be Conformable to that of England both in Doctrine and Government by the Acceptance of the Thirty Nine Articles there That before his going to Ireland the Lord Justices wrote That the Expence exceeded the Income 24000 l. per Annum and they had no ways to raise it but by the Levying Nine pence a Sunday on Papists for not coming to Church but that now it was far otherwise without that Persecution And he advis'd That the Army should rather be encreased than diminshed it being an excellent Minister and Assistant in Execution of the Kings Writs and the great Peace-maker between the British and the Natives and the best security of past and future Plantations That by the Statutes of Wills and Uses there will more advantage arise to the Crown of England than by the six Subsidies because thereby the insant Heirs of all great Families in the Kingdom will unavoidably come under the Guardianship of the King whereby they will be bred Protestants and of what Consequence this Superintendency is doth in part appear in the Person of the Earl of Ormond formerly the Kings Ward who if bred under the Wing of his own Parents had been of the same Affections and Religion with his other Brothers and Sisters whereas he is now a firm Protestant and like to prove a great and able Servant to the Crown and a great Assistant as well in inviting others to be of his Religion as in the Civil Government it being certain That no People are more apt to be of the Religion of their great Lords than the Irish are That by the Statute of fraudulent Conveyances the Irish are prevented in their cunning Disigns by secret and sleeping Conveyancies so that the King will have his Forfeitures and Wardships and the English be encouraged to purchase of them That before his time the Pirates infested the very Harbours and a Ship was fired by them in the Port of Dublin in sight of his Majesties Castle and the Pirates were robbing the Ship two days together without opposition the Reason was because our Sea-guard for want of Money did not come till August before which time the mischief was done but now they are well Paid and come in March and that now the Exportation is double to what is imported into the Kingdom That he discourag'd Woollen and encourag'd the Linen Manufacture and had sow'd 1000 l. worth of Holland-Flax Seed and set up six or seven Looms and doubts not Success because the Irish can under-sell France or Holland Twenty per Cent. And then he laments That the English of Ireland are treated as Aliens First In the Imposition of 4 s. per Tun on Coal Secondly In the Prohibition to transport Horses or Mares hence without excessive Custom Thirdly In the Imposition of 3 s. and 4 d. per Head for every live Beast exported thence and afterwards he procur'd a Privy Seal to supersede these pro tempore Lastly That tho' he was represented more like a Basha of Buda than the Minister of a Pious Christian King yet severity was not natural to him but assumed because it was necessary for the Restoration of a Despoyled Crown Church and People from the Claws of those that had been used to the Paths of an uncontroled Liberty and Oppression But to proceed ADAM LOFTUS Viscount ELY 1636. Sir CHRISTOPHER WANDESFORD Master of the Rolls were Sworn Lords Justices on the 3d. day of July 1636. and immediately some Fryars notwithstanding the former Proclamation had a publick Meeting and passed unpunish'd for the Lord Deputy wrote over That he held it not convenient to rub upon that Sore till they were provided for a thorough Cure These Lords Justices had Orders to call upon Corporations for a return of their pretended Priviledges to issue Money to finish the Fort of Galway to suspend the Lord Courcyes Pension to quicken the Admeasurement in Conaught and not to let any Soldiers be Transported But on the 23d of November THOMAS Viscount WENTWORTH returned Lord Deputy and then the aforesaid Case of Tenures was argued but the Judgment That the Letters Patent were void Husbands Collections 2 Part 245. did so Alarm the whole Nation that it was found necessary to delay the Execution for a time and afterwards Anno 1640. on private Conference with the Irish Committee then in England for it was not made an Article amongst the Grievances publickly complain'd of the King quitted the benefit and advantage thereof and so the vast Expence of this Grand Office and Inquisition which amounted to at least 10000 l. was in effect lost and this terrifying Bug-bear did not add one Acre to the Possessions of the Crown nor one English Plantation to the Kingdom as was at first design'd In the Year 1636 1636. John Atherton was preferred to the Bishoprick of Waterford and Lismore by a Symoniacal Contrivance as was believed says the Writer of Bishop Bedells Life pag. 144. but that is not probable because that Bishoprick was then so Poor that it was too small a Temptation to so great a Sin it is more likely that being a bustling Man of active Parts and a bold Spirit he was thought a fit Instrument of State to promote some Designs that were then on Foot and as proper for the Recovery of the ancient Possessions of his See as any Body that could be pitcht upon and accordingly we find him a fierce Adversary to the Earl of Cork and a severe Prosecutor of the Bishop of Killalla which last nevertheless lived to be his Successor And tho' Atherton did answer the Expectation of his Benefactors for a time yet his Tragical end by the hands of the Common Executioner on the 5th of December 1640. for a Crime
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
conceived they were greatly distressed and wished That he could use Means whereby they might be eased Hence he discoursed with Trueman who was but a silly Fellow and got from him Words whereby he discovered a Good-will to the Scotch Nation and some Discourse about the Castle of Carigfergus insomuch that he got Trueman's Letter to recommend him into Scotland whither he pretended a Desire to go to serve under their Command Upon this Giles produced the Letter in Evidence against him and so he was condemned and executed And this I take to be the Substance of what was offered for or against the Earl of Strafford On the Eleventh of May the Irish Parliament sat again 1641. and the Colonels John Barry Taaf Garret Barry and Porter having Orders from England to transport Four thousand of the Irish Forces to Spain some of the Popish Members of the Lower House did urge divers Arguments to hinder that Design As First That the Irish might gain Experience abroad and return to be evil Instruments at home Secondly That Ireland wanted Men for Husbandry Thirdly That Spain was an Hereditary Enemy to England and therefore might infect these Men with dangerous Principles concluding That they did not know how soon those very Regiments acquainted with every Creek in the Kingdom might be returned on their own Bowels having naturally a Love to their Religion which such an Incendiary as Spain might inflame with the highest prejudice So shamelesly did they cloak their Designs ' of stopping these Soldiers to assist in the following Rebellion under these Cobweb pretences of the Publick Good However their Project succeeded to their mind and notwithstanding the Contract with the Spanish Ambassador for their Transportation the Soldiers were from time to time delay'd and Garret Barry and his whole Regiment and most of the rest did afterwards joyn in the Irish Rebellion This Session of Parliament was spent by the Papists who were the most numerous Party in the House in fruitless Declarations and Protestations private Petitions and Votes upon needless Queries These last together with the Judges Answers to them are to be found at large Burlace Append. 1. 2. I shall only recite one of them viz. Quere 15. Whether the issuing of Quo Warranto's against Burroughs that anciently and recently sent Burgesses to Parliament to shew Cause why they did so be Legal And if not What Punishment ought to be inflicted upon the Occasioners Procurers and Judges of and in such Quo Warranto's To which the Answer is That the Proceedings in such Quo Warranto's are coram non Judice illegal and void and the Right of sending Burgesses to Parliament is questionable in Parliament only and the Occasioners Procurerâ— and Judges in such Quo Warranto's and Proceedings are punishable as in Parliament shall be thought consonant to Law and Justice Moreover some Members of this Parliament who had the following Rebellion in their Design did in order to inform themselves of the Quantity of the Stores Ammunition and Provisions and the Place where they were deposited suggest That there was a Plot by some of the Lord Stafford's discontented Servants to destroy the Parliament and therefore procured a Committee of both Houses to be appointed to search the Rooms under the Place where they sat which they did but sound no Powder there Then they desired to see where the Stores were but the Lord Justice Burlace who was Master of the Ordnance denied them that Request which they took very ill The Popish Party did also oppose the Disbanding of the new Army raised by the Earl of Strafford however it was at length effected on the Tenth day of * Rather July quaere August and the Arms and Ammunition were carefully brought into His Majesty's Stores In the mean time it being convenient to give the Members a short Recess to attend their Harvest and their other Occasions and there being no sudden expectation of the Irish Committee's Return from England the Parliament by their own Consent was on the Seventh of August adjourn'd to the Ninth of November which for want of greater cause of Complaint was afterwards reckon'd amongst their Grievances But contrary to all Mens expectation the Irish Committee of Parliament in the latter end of August return'd loaden with Graces and Favours for that Kingdom particularly in reference to the Customs especially of Wooll and Tobacco whereof the Lords Justices sent immediate notice to the several Ports of the Kingdom and in this short Interval of Parliament busied themselves in framing such Bills to pass the next Session as the Committee had obtain'd His Majesty's Consent unto And in this quiet and serene Condition was the Kingdom of Ireland not suspecting the least Disturbance from the Papists who were not under any Persecution upon the account of Religion their Clergy exercising their Functions as safely and almost as publickly as the Protestants They were obliged to the King by the easiest of Governments and the Graces and Concessions he had lately vouchsafed unto them and they were fastned to the English by all the Ties of Interest Friendship Marriage and which is more in their esteem Gossipping and Fostering And they were engaged to propagate the Publick Peace by their own happy free and flourishing Condition for now the Papists without taking the Oath of Supremacy freely enjoyed the Offices of Sheriffs of Counties Magistrates of Corporations c. But all this was over-ballanced by their Bigotry and National Malice which opened one of the bloodiest Scenes that ever was seen in the World For on Saturday the Twenty third of October 1641. being a Day dedicated to St. Ignatius Temple 16. a fit Patron for such a Villany broke out a most desperate and formidable Rebellion an universal Defection and general Revolt wherein not only all the mere Irish but almost all the Old English that adher'd to the Church of Rome were openly or secretly involved The Conspirators pitched upon the Day because it was Market-day at Dublin and therefore a Concourse of People would the less be perceived or suspected and they chose the time of Year because Harvest was in and the Half-years Rent generally in the Tenants Hands and because the Season of the Year would hinder Relief from England until the next Spring before which time they hoped to have effected all their Designs It was a premeditated Rebellion Lord Justices and Councils Letter foretold by Sir Henry Bedingfeild a Roman Catholick of Norfolk in April before and suspected by the King as appears by Sir Henry Vane's Letter ante pag. 64. And it was in contrivance partly at home and partly abroad before the Troubles either of England or Scotland began Memoirs 22. It was communicated to the English Papists by the Popish part of the Irish Committee then in England Husbands 2. part 247. And it was finally concluded and resolved on at the Abby of Multifernam and the * Dr. Jones's Examination Appendix 9. Scheme of the Government
thousand five hundred Pounds yet for the better furthering of the Service we desire Ten thousand Pounds if it may stand with your Convenience 6. That their Pay which was condescended unto from the Eighth of December be presently advanced to the Eighth of February next against which time we are confident they shall be ready to march 7. That a Man of Wâ—r or some Mâ—rchants Ships be sent from Bristol Westchester or Dublin to 〈◊〉 for a Safe Convoy and Guard of the Passage because they 〈…〉 Boats may be subject to Inconveniences from the Enemy 〈…〉 we hear are towards that Coast 8. That the sending 〈…〉 thâ—se Men be without prejudice to the Proceeding of the Treaty which we desire may go on without any delay Westm 24. Jan. 1641. JA. PRYMROSE Which Proposals were approved of by Both Houses but the King disliked the Third Article as appears by His Answer viz. His Majesty having perused and considered these Eight Propositions presented by the Scots Commissioners doth willingly consent to them all except only the Third which His Majesty doth not approve and wisheth the Houses to take that Article again into Consideration as a Business of very great Importance which His Majesty doubts may be prejudicial to the Crown of England and the Service intended And if the Houses desire it His Majesty shall not be unwilling to speak with the Scots Commissioners to see what Satisfaction he can give them therein And the next day they waited upon him and told him That since it was only Matter of Trust that was in debate they hoped that he who was their Native King would not shew less Confidence in them than the English Nation had done Whereupon His Majesty consented rather than the necessary Supplies for Ireland should be delay'd And on the Fourteenth of February a Committee of Both Houses went with a Message to the Spanish Ambassador to this effect That the Parliament were informed Husbands 79. That some Vessels in Dunkirk laden with Arms and Ammunition were designed for Ireland and that if they or any such Ships were suffered to go thence it should be interpreted a Breach of the Peace between England and Spain To which the Ambassador answered That he would be careful to continue the League between both Crowns and did assure them that those Ships were not bound for Ireland And on the same Fourteenth day of February His Majesty sent a Message to Both Houses in which are these Words For Ireland in behalf of which His Majesty's Heart bleeds as His Majesty hath concurred with all Propositions made for that Service by His Parliament so He is resolved to leave nothing undone for their Relief which shall fall within His possible Power nor will refuse to venture His own Person in that War if His Parliament shall think it convenient for the Reduction of that miserable Kingdom And in the same Month the Parliament knowing that the Sale of the Rebels forfeited Estates was the best way to prevent future Rebellions by English Plantations in Ireland and to raise Money for suppressing of this did vote as followeth viz. THe Lords and Commons taking into their serious Considerations Husbands 84. as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience as also the great Sums of Money that the Commons of this Realm have of late paid for the Publick and Necessary Affairs of the Kingdom whereof the Lords and Commons are very sensible and desirous to embrace all good and honorable Ways tending to His Majesty's Greatness and Profit the Setling of that Realm and the Ease of His Majesty's Subjects of England And whereas divers Worthy and Well-affected Persons perceiving that many Millions of Acres of the Rebels Lands of that Kingdom which go under the name of Profitable Lands will be confiscate and to be disposed of and that in case Two Millions and a half of those Acres equally taken out of the Four Provinces of that Kingdom may be allotted for the Satisfaction of such Persons as shall disburse any Sums Money for the Reducing of the Rebels there it would effectually accomplish the same have made these Propositions ensuing 1. That Two Millions and a half of those Acres may be assigned allotted and divided amongst them after this Proportion viz. For each Adventurer of 200 l. 1000 Acres in Ulster 300 l. 1000 Acres in Conaught 450 l. 1000 Acres in Munster 600 l. 1000 Acres in Leinster all according to English Measure and consisting of Meadow Arable and profitable Pasture the Bogs Woods and barren Mountains being cast in over and above These two Millions and a half of Acres to be holden in free and common Soccage of the King as of his Castle of Dublin 2. That out of those two Millions and a half of Acres a constant Rent shall be reserved to the Crown of England after this Proportion viz. Out of each Acre thereof in Ulster 1 d. Conaught 1 ob Munster 2 q. Leinster 3 3. That for the erecting of Mannors settling of Waste and Commons maintaining of Preaching Ministers creating of Corporations and regulating of the several Plantations one or more Commissions be hereafter granted by Authority of Parliament 4. That Monies for this great Occasion may be the more speedily advanced all the Undertakers in the City of London and within 20 Miles distance thereof shall under-write their several Sums before the Twentieth day of March 1641. and all within Sixty Miles of London before the First day of April 1642. and the rest of the Kingdom before the First day of May 1642. 5. That the several Sums to be under-written shall be paid in at four Payments viz. one fourth part within ten days after such under-writing and the other three parts at three Months three Months and three Months all to be paid into the Chamber of London 6. That for the better Securing of the said several Sums accordingly every one that doth so under-write shall at the time of his Subscription pay down the twentieth part of the Total Sum that shall be by him then under-written And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same within the ten days before limitted then such Party shall not only forfeit the twentieth part of the Sum total formerly deposited but so much more of his first fourth Payment to be added thereunto as shall make up the one Moyety of the said first Payment And if the same Person shall fail in any other of the three Payments he shall then Forfeit his entire first fourth and all the Benefit of his Subscription which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers The Lords and Commons upon due and mature Deliberation of these Propositions have approved of them and given their consent unto the same and will become humble Petitioners to His Majesty for His Royal Approbation thereof and
that hereafter he will be pleased upon the humble Suit of both Houses of Parliament to give His Royal Assent to such Bills as they shall tender unto him for the setling of those Propositions and all other things necessarily conducing thereunto Ibid. 86. And on the Twenty fourth of February His Majesty returned His Gracious Answer in Approbation of these Votes in haec verba viz. That as he hath offered and is still ready to venture His own Royal Person for the Recovery of that Kingdom if His Parliament shall advise him thereunto so He will not deny to contribute any other Assistance he can to that Service by parting with any Profit or Advantage of his own there and therefore relying on the Wisdom of His Parliament doth consent to every Proposition now made to him without taking time to examine whether this course may not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into Grace if they shall return to their Obedience It would be too tedious to relate all that was done in this Affair of the Adventurers and therefore all that I shall mention here upon that Head is That these Votes produced several Acts of Parliament in Confirmation of them and raised the Sum of 400000 l for the Irish War But on the 9th day of March in the Declaration presented to the King at Newmarket Husbands 97. the Parliament inserted this Article viz. That the Rebellion in Ireland was framed and contrived here in England and that the English Papists should have risen about the same time we have several Testimonies and Advertisements from Ireland and that is a common Speech amongst the Rebels wherewith concur other Evidences and Observations of the suspicious Meetings and Consultations the tumultuary and seditious Carriage of those of that Religion in divers parts of this Kingdom about the time of the breaking out of the Irish Rebellion the Deposition of O Conally the Information of Master Cole Minister the Letter of Tristram Whitcombe the Deposition of Thomas Crant and many others which we may produce do all agree in this the publick Declaration of the Lords Gentlemen and others of the Pale That they would joyn with the Rebels whom they call the Irish Army or any other to recover unto His Majesty His Royal Prerogative wrested from him by the Puritan Faction in the House of Parliament in England and to maintain the same against all others as also to maintain Episcopal Jurisdiction and the lawfulness thereof these two being Quarrels upon which His Majesties late Army in the North should have been incensed against us To which His Majesty Answers thus Ibid. 106. If the Rebellion in Ireland so odious to all Christians seems to have been framed and maintained in England or to have any countenance from hence We conjure both Our Houses of Parliament and all Our loving Subjects whatsoever to use all possible means to discover and find such out that we may joyn in the most exemplary Vengeance upon them that can be imagined But We must think Our self highly and causelesly injured in Our Reputation if any Declaration Action or Expression of the Irish Rebels any Letter from Count Rosettie to the Papists for Fasting and Praying or from Tristram Whitcombe of strange Speeches uttered in Ireland shall beget any Jealousie or Misapprehension in Our Subjects of Our Justice Piety and Affection it being evident to all Understandings That those mischievous and wicked Rebels are not so capable of great Advantage as by having their false Discourse so far believed as to raise Fears and Jealousies to the Distraction of this Kingdom the only way to their Security And we cannot express a deeper sense of the Sufferings of Our poor Protestant Subjects in that Kingdom than We have done in Our often Messages to both Houses by which We have offered and are still ready to venture Our Royal Person for their Redemption well knowing That as We are in Our own Interest more concerned in them fo We are to make a strict Accompt to Almighty God for any Neglect of Our Duty or their Preservation And on the 15th of March 113. from Huntington the King sent this Message viz. That he doth very earnestly desire that they will use all possible Industry in expediting the business of Ireland in which they shall find so chearful a Concurrence by his Majesty that no Inconvenience shall happen to that Service by his Absence he having all that Passion for the reducing of that Kingdom which he hath expressed in his former Messages and being unable by words to manifest more Affection to it than he hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by his Parliament therefore if the Misfortunes and Calamities of his poor Protestant Subjects there shall grow upon them tho' His Majesty shall be deeply concerned in and sensible of their Sufferings he shall wash his hands before all the World from the least Imputation of Slackness in that most necessary and pious Work Whereupon the Parliament Voted the next day Ibid. That those Persons that advise His Majesty to absent himself from the Parliament are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourers of the Rebellion in Ireland Resolved c. 1642. That those Persons that advised His Majesty to this Message are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourers of the Rebellion in Ireland The Year 1642. began with Sir Symon Harcourt's Expedition against Carrickmain in the County of Dublin on the Twenty sixth of March which proved fatal to him nevertheless his Lieutenant-Colonel Gibson took the Castle and put all within it to the Sword refusing to give Quarter to those obstinate Rebels that had slain his beloved Colonel And about the same time all the Popish Priests that could be found in Dublin were by the Lords Justices sent in French Bottoms to France In the beginning of April 1642. Doctor Jones afterwards Bishop of Meath and Seven other Divines who by Virtue of a Commission dated the 23d of December 1641. had taken many Examinations about the Rebellion and the Murders Plunders and Robberies committed by the Irish did out of their Depositions form a Remonstrance and being recommended by the Lords Justices and Council they did Present it to the Commons House of Parliament in England It set forth That the Rebellion was occasioned by the ancient Hatred which Papists bear to Protestants and by their Surfet of Freedom and Indulgence in that Kingdom That the Design was to eradicate the Protestant Religion and the Professors of it that the Rebellion was general and of a long Contrivance that sometimes they pretended the Kings Commission and sometimes spoke Contemptibly of his Majesty that they designed to extirpate all of English Extraction even the very Papists that they kicked Bibles up and down and
consent upon whatsoever Pretence to a Toleration of the Popish Profession there or the Abolition of the Laws now in force against Popish Recusants in that Kingdom His Majesty hath further thought fit to advertise His Parliament That towards this Work He intends to raise forthwith by His Commissions in the Counties near Westchester a Guardâ— for His own Person when he shall come into Ireland consisting of Two thousand Foot and Two hundred Horse which shall be Armed at Westchester from His Magazin at Hull at which time all the Officers and Soldiers shall take the Oaths of Supremacy and Allegiance The Charge of Raising and Paying whereof His Majesty desires His Parliament to add to their former Undertakings for that War which His Majesty will not only well accept but if their Pay be found too great a Burthen to His Subjects His Majesty will be willing by the Advice of His Parliament to sell or 〈◊〉 any of His Parks Lands or Houses towards the Supplies of the 〈◊〉 of Ireland with the Addition of these Levies to the former of English and Scots agreed upon in Parliament he hopes so to appear in this Action that by the Assistance of Almighty God in a short time that Kingdom may be wholly reduced and restored to Peace and some measure of Happiness whereby he may chearfully return to be Welcomed home with the Affections and Blessings of all His good English People Towards this good Work as His Majesty hath lately made Dispatches unto Scotland to quicken the Levies there for Ulster so he heartily wishes That His Parliament here would give all possible Expedition to thâ—se which they have resolved for Munster and Conaught and hopes the Encouragement which the Adventures of whose Interest His Majesty will be always very careful will hereby receive as likewise by the lately signing of a Commission for the Affairs of Ireland to such Persons as were recommended to Him by Both Houses of Parliament will raise full Sums of Money for the doing thereof His Majesty hath been likewise pleased out of His earnest desire to remove all Occasions which do unhappily multiply Misunderstandings between Him and His Parliament to prepare a Bill to be offered to them by His Attorney concerning the Militia whereby He hopes the Peace and Safety of this Kingdom may be fully secured to the general satisfaction of all Men without violation of His Majesty's just Rights or prejudice to the Liberty of the Subject If this shall be thankfully received He is glad of it if refused He calls God and all the World to judge on whose part the Default is One thing His Majesty requires if this Bill be approved of That if any Corporation shall make their Lawful Rights appear they may be reserved to them Before His Majesty shall part from England He will take all due Care to entrust such Persons with such Authority in His absence as He shall find to be requisite for the Peace and Safety of this Kingdom and the happy Progress of this Parliament To which the Parliament returned the following Answer May it please Your Majesty YOur Majesty's most Loyal and Faithful Subjects Husbands 141. the Lords and Commons in Parliament have duly considered the Message received from Your Majesty concerning Your Purpose of going into Ireland in Your own Person to prosecute the War there with the Bodies of Your English Subjects lâ—vied transported and maintained at their Charge which You are pleased to propound to us not as a Matter wherein Your Majesty desires the Advice of Your Parliament but as already firmly resolved on and forthwith to be put in Execution by granting out Commissions for the Levying of Two thousand Foot and Two hundred Horse for a Guard for Your Person when You shall come into that Kingdom Wherein we cannot chuse but with all Reverence and Humility to Your Majesty observe That You have declined Your Great Council the Parliament and varied from the usual Course of Your Royal Predecessors That a Business of so great Importance concerning the Peace and Safety of all Your Subjects and wherein they have a special Interest by Your Majesty's Promise and by those great Sums which they have disbursed and for which they stand ingaged should be concluded and undertaken without their Advice Whereupon we hold it our Duty to declare That if at this time Your Majesty shall go into Ireland You will very much endanger the Safety of Your Royal Person and Kingdoms and of all other States professing the Protestant Religion in Christendom and make way to the Execution of that cruel and bloody Design of the Papists every where to root out and destroy the Reformed Religion as the Irish Papists have in a great part already effected in that Kingdom and in all likelihood would quickly be attempted in other Places if the Consideration of the Strength and Union of the Two Nations of England and Scotland did not much hinder and discourage the Execution of any such Design And that we may manifest to Your Majesty the Danger and Misery which such a Journy and Enterprize would produce we present to Your Majesty the Reasons of this our humble Opinion and Advice 1. Your Royal Person will be subject not only to the Casualty of War but to Secret Practices and Conspiracies especially Your Majesty continuing Your Profession to maintain the Protestant Religion in that Kingdom which the Papists are generally bound by their Vow to extirpate 2. It will exceedingly encourage the Rebels who do generally profess and declare That Your Majesty doth favour and allow their Proceedings and that this Insurrection was undertaken by the Warrant of Your Commission and it will make good their Expectation of great Advantage by Your Majesty's Presence at this time of so much Distraction in this Kingdom whereby they may hope we shall be disabled to supply the War there especially there appearing less Necessity of Your Majesty's Journy at this time by reason of the manifold Successes which God hath given against them 3. It will much hinder and impair the Means whereby this War is to be supported and increase the Charge of it and in both these respects make it more insupportable to Your Subjects And this we can confidently affirm because many of the Adventurers who have already subscribed do upon the knowledge of Your Majesties Intention declare their Resolution not to pay in their Money and others very willing to have subscribed do now profess the contrary 4. Your Majesties Absence must necessarily very much interrupt the Proceedings of Parliament and deprive Your Subjects of the Benefit of those further Acts of Grace and Justice which we shall humbly expect from Your Majesty for the Establishing of a perfect Union and mutual Confidence between Your Majesty and Your People and procuring and confirming the Prosperity and Happiness of both 5. It will exceedingly increase the Jealousies and Fears of Your People and render their Doubts more probable of some force intended by some evil
Counsels near Your Majesty in opposition of the Parliament and favour of the Malignant Party of this Kingdom 6. It will bereave Your Parliament of that advantage whereby they were induced to undertake this War upon Your Majesties Promise that it should be managed by their Advice which cannot be done if Your Majesty contrary to their Counsels shall undertake to Order and Govern it in Your own Person Upon which and divers other Reasons We have resolved by the full and concurring Agreement of both Houses that We cannot with discharge of our Duty Consent to any Levios or raising of Soldiers to be made by your Majesty for this your intended Expedition into Ireland or to the Payment of any Army or Soldiers there but such as shall be employed and governed according to Our Advice and Direction and that if such Levies shall be made by any Commission of your Majesty not agreed too by both Houses of Parliament We shall be forced to interpret the same to be raised to the Terror of your People and disturbance of the publick Peace and hold our selves bound by the Laws of the Kingdom to apply the Authority of Parliament to suppress the same And We do further most humbly Declare That if your Majesty shall by ill Counsel be perswaded to go contrary to this Advice of your Parliament which We hope your Majesty will not We do not in that Case hold Our selves bound to submit to any Commissioners which your Majesty shall chuse but do Resolve to preserve and govern the Kingdom by the Counsel and Advice of Parliament for your Majesty and your Posterity according to Our Allegiance and the Law of the Land Wherefore We do most humbly Pray and Advise your Majesty to desist from this your intended Passage into Ireland and from all Preparations of Men and Arms tending thereunto and to leave the managing of that War to your Parliament according to your Majesties Promise made unto Us and your Royal Commission Granted under your Great Seal of England by Advice of both Houses in Prosecution whereof by God's Blessing We have already made a prosperous Entrance by many defeats of the Rebels whereby they are much weakened and disheartened and have no probable means of Subsistence if Our Proceedings shall not be interrupted by this Interposition of your Majesties Journey but that we may hope upon good Grounds that within a short time without hazard of your Majesties Person and so much dangerous Confusion to your Kingdoms which must needs ensue if you should proceed in this Resolution We shall be enabled fully to vindicate your Majesties Right and Authority in that Kingdom and punish those horrible Outragious Cruelties which have been committed in the murthering and spoiling so many of your Subjects and bring that Realm to such a Condition as may be much for the advantage of your Majesty and this Crown the Honour of your Government and the Contentment of your People For the better and mâ—re speedy effecting whereof We do again renew Our humble Desires of your Return to your Parliament and that You will please to reject all Counsels and Apprehensions which may any way derogate from that Faithfulness and Allegiance which in Truth and Sincerity We have always born and professed to your Majesty and shall ever make good to the uttermost with our Lives and Fortunes To this Answer The King made the following Reply We are so troubled and astonished to find the unexpected Reception and mis-understanding of our Message of the Eighth of April concerning our Irish Journey that being so â—â—ch disappointed of the Approbation and Thanks we looked for to that Declaration We have great cause to doubt whether it be in Our Power to say or do any thing which shall not fall within the like Interpretation but as we have in that Message called God to witness the Sincerity of the Profession of Our only Ends for the undertaking that Journey So We must appeal to all our good Subjects and the whole World whether the Reasons alledged against that Journey be of weight to satisfie Our understanding or the Counsel Presented to disswade Us from it be full of that Duty as is like to prevail over Our Affections For Our Resolving of so great a business without the Advice of Our Parliament We must remember you how often by Our Messages We made the same offer if you should Advise Us thereunto To which you never gave Us the least Answer but in your late Declaration told Us That ye were not to be satisfied with Words So that we had Reason to conceive you rather avoided out of regard to our Person to give Us Counsel to run that hazard than that you disapproved the inclination And what greater Comfort or Security can the Protestants of Christendom receive tâ—â—n by seeing a Protestant King venture and engage his Person for the defence of that Profession and the Suppressing of Popery to which We Solemnly protested in that Message never to Grant a Toleration upon what Pretence soever or an Abolition of any of the Laws there in force against the Professâ—rs of it And when We consider the great Calamities and unheard of Cruelties Our poor Protestant Subjects in that Kingdom have undergone for the space of near or full Six Months the growth and increase of the Strength of those barbarous Rebels and the evident Probability of foreign Supplies if they are not speedily suppressed the very slow Succours hitherto sent them from hence That the Officers of several Regiments who have long time been allowed Entertainment from you for that Service have not raised any Supply or Succour for that Kingdom That many Troops of Horse have long lain near Chester untransported 〈◊〉 the Lord Lieutenant of Ireland on whom We relyed principally for the Conduct and managing of Affairs there is still in this Kingdom notwithstanding our Earnestness expressed that he should repair to his Command And when We consider the many and great Scandals raised upon Our Selves by report of the Rebels and not sufficiently discountenanced here notwithstanding so many Professions of Ours And had seen a Book lately Printed by the Order of the House of Commons Entituled A Remonstrance of divers remarkable Passages concerning the Church and Kingdom of Ireland Wherein some Examinations are set down which how improbable or impossible soever may make an impression in the Minds of many of Our weak Subjects And Lastly when We duly weigh the Dishonour which will perpetually lye upon this Kingdom if full and speedy Relief be not dispatched thither We could not nor cannot think of a better way to discharge Our Duty to Almighty God for the defence of the true Protestant Profession or to manifest Our Affection to Our Three Kingdoms for their Preservation than by engaging Our Person in this Expedition as many of Our Royal Progenitors have done even in Foreign parts upon Causes of less Importance and Piety with great Honour to themselves and advantage to this Kingdom and
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
Cessation pretending that they were just then come to hand and that he was sorry they did not come sooner 2. By the like Action in continuing the Siege of Castle Coot after notice of the Cessation as aforesaid 3. By Publishing the Pope's Bull after the Cessation which was an Encouragement to the Rebels to persist in their Rebellion and did seduce others of the Papists that were not then engaged in it 4. By taking 369 Head of Cattel from the Suburbs of Dublin on the 18th of September 5. By seizing on the Black Castle of Wicklow and murdering the Protestants there And 6. In not sending any formed Troops or Regiments to the King's Assistance as they promised to do And lastly In not paying the 30800 l. according to Agreement But if we are curious to know what was done in England in reference to the Affairs of Ireland we may find That on the 5th of May Sir Robert King Mr. Jepson and Mr. Hill waited on His Majesty with a Bill For a speedy Payment of Moneys subscribed towards the Reducing the Rebels in Ireland Husbands 2. Part. 161. which yet remains unpaid which they prayed Him to pass into an Act but His Majesty desired first to be satisfied how the rest of that Money was disposed of and how he should be secured that what is yet unreceived shall not be misemployed and whether it be fit to compel voluntary Subscribers by a greater Penalty than was at first made known to them viz. The loss of what they have already paid and whether the Power given by this new Bill to Warner Towse and Andrews whose Integrity he has no assurance of be not too great and whether Purchasers and Creditors may not be prejudiced by the Extents mentioned in this new Act. And on the 16th of June both Houses issued a Declaration purporting That the Kingdom of Ireland is in a sad condition but that the Papists are in as much want as the Protestants and therefore if the later were well supplied the former would be easily subdued that their Ambition to be independent from England and their inveterate Hatred against the Protestant Religion Ibid. 217. have been the causes of their Barbarousness to the English that they have been assisted by the Catholicks of other Countries And can it be say they that God's Enemies should be more violent and indefatigable for restoring Idolatry in a Kingdom foreign to theirs than we zealous in propugning God's Truth in our own against Barbarous Traytors and Monstrous Idolaters Shall the common Incendiaries of both Kingdoms strip themselves of all they have to accomplish our Destruction by devouring that rich and fruitful Island And shall the good People of this Nation of the same Blood and Religion with them think any thing too dear to redeem them seeing thereby we secure our selves by preventing the Rebels from coming hither We will therefore even in this distracted time assess 200000 l. on the Kingdom of England to be paid in two Years which will give credit for the present Relief of the Starving condition of Ireland and shall be reprized to the several Counties in the nature of the Adventurers for Land in Ireland Therefore we cannot doubt of chearful Submission hereunto since we cannot expect that God should bless us if we be wanting to our distressed Brethren and indeed to our selves for the malice of the Rebels is such that if they can root us out of that Kingdom they will not despair of extirpating us out of this and therefore we recommend all well-affected persons to a liberal Contribution to such a pious and commendable Work And on the 14th of July they issued another Declaration Ibid. 233. for the farther encouragement of Adventurers And on the 25th of July the Parliament publish'd their long Declaration which deduces the Affairs of Ireland historically from the beginning of the King's Reign and concludes that the Irish Rebellion was projected and incited by those Councils then prevalent with the King and that the Queen and her Priests and the Papists of all the three Kingdoms have been principal Actors and Sticklers therein And on the 5th of September they made an Ordinance That no man upon pain of losing his Ship do transport any Person out of Ireland into England without license c. And on the 18th they made an Ordinance for a Collection for the Clergy of Ireland and on the 18th of October they made a Weekly Assessment for the Support of such Forces in Ireland as oppose the Cessation and on the 24th they order That no Irish man or Papist born in Ireland shall have Quarter in England and in November they ordered That the Solemn League and Covenant should be taken in Ireland But the Cessation being confirmed by Patent under the Great Seal the Lieutenant General pursuant to His Majesty 's repeated Orders was busie in sending Forces to the Kings Assistance in England and because the Soldiers were generally very unwilling to fight against their own Country men whilst the Irish Rebels would insult over their distressed Companions and Relations that should be left behind there was an Oath of Fidelity contrived Sâ—e it Burlace 133. which every one of them were forced to take and several Penal Edicts were published against those who should desert or return and so in January the Regiments of Sir Michael Ernly Sir Richard Fleetwood Colonel Monk Colonel Gibson Colonel Warren c. were sent from Leinster as Sir William Saintleger and Colonel Myn were from Munster and though most of the former met with their Destiny at Nantwich and the later at the Siege of Glocester yet the arrival of these and other Forces out of Ireland did influence the Parliament to consent to the Treaty at Uxbridge which nevertheless did not produce that happy effect which all good men desired And little more than this was done in Ireland except Contests about setting out of Quarters and other Executions of the Articles of Cessation which shall be mentioned in each Province apart and the Preparations for the Treaty at Oxford which shall also be taken notice of in our account of that matter until the 21th day of January at which time JAMES Marquis of ORMOND was sworn Lord-Lieutenant at Christchurch in Dublin and took the following Oath Viz. You shall swear That you shall faithfully and truly to your power serve our Sovereign Lord the King's Majesty in the Room and Authority of Lord Lieutenant and Chief Governor of this His Realm of Ireland you shall maintain and defend the Laws of God and the Christian Faith you shall to your power not only keep His Majesty's Peace amongst His People but also maintain His Officers and Ministers in the Execution and Administration of Justice you shall defend His Majesties Castles Garisons Dominions People and Subjects of this Realm and repress His Rebels and Enemies you shall not consent to the Damage and Disherison of His Majesty His Heirs nor Successors neither shall you
agreed against the Common Enemy and in their Abhorrence and Mistrust of the Irish so that the Privy Council represented to his Excellency That they had deserved as well of the King as Subjects possibly could either by Doing or Suffering and therefore they hoped he would not expose them to the Mercy of their cruel and hereditary Enemies ☞ who by their late Perfidiousness had made themselves incapable of Trust and therefore they desired him again to Treat with the Parliaments Commissioners who would at least perform the Conditions they promise which could not be relied on from the Irish And it is said That his Excellency did rather incline to this Advice because he knew that the Design of many in this Irish Rebellion was intirely to alienate the Kingdom of Ireland from the Crown of England P. W. Remonstrance 583. and to extirpate not only the Protestants but also all the English tho' Catholicks That the Nuncio-Party design'd to separate it from England and to put Ireland under the Protection of some Foreign Prince unless they could advance one of the Old Irish Families to the Throne And accordingly Mr. Anthony Martin in the last General Assembly did propose to call in some Foreign Prince for Protection And so the Lord Lieutenant and Council being reduced to so great straits that they had but Seventeen Barrels of Powder leâ—t and no Magazins either of Stores or Victuals nor any Money either to buy more or to pay the Army did agree to resign the Kingdom to the Parliament for these Reasons 1. It was observed ☜ That no Exercise of the Protestant Religion was so much as tolerated where the Confederates had the Command and that if all the Churches in His Majesty's Quarters should be given or suffered to be taken to the Use of the Romish Religion it would too much countenance the Reproaches of His Majesty's Inclinations to Popery and might be dangerously applied by those who had His Majesty's Life in their Power 2. That it could not be for His Majesty's Honor to have those Subjects and Servants who had stuck to His Cause after all besides was lost in His Three Kingdoms to be at last subjected to the Tyranny of those who then ruled among the Irish whose Persidy was so manifest and their Malice so great as to give Rest to the Parliament Forces and to unite all their Power against those only who had carried Peace to their very Doors Lastly It was known how many Agents the Irish had employed abroad and what Publick Ministers had Reception with them as from the Pope the Kings of France and Spain That if the Garisons now held were put into the Hands of the Two Houses of Parliament they would revert by Treaty or otherwise whenever His Majesty should in England recover His Rights but if either given or left to these Confederates there was little hopes of Restitution while any Foreign Prince should think his Affairs secured or advanced by consuming the Blood and Treasure of England in this Dispute And so on the Fifth of February they made an Act of Council which recites their sad Condition and impowers the Lord Lieutenant to renew the Treaty with the Parliament for the Surrender of Dublin and quitting the Government And accordingly his Excellency did the next day write to Wharton and Salway two of the Parliament Commissioners That he was now satisfied in the Point he scrupled at viz. the King's Orders and therefore was willing to surrender the Government on the Terms formerly propos'd and desir'd that Succors might be sent immediately Hereupon the Parliament did order 3 March That if Ormond would give one of his Sons Hostage for Performance together with the Earl of Roscomon Colonel Chichester and Sir James Ware that then Coot's Regiment of Horse and Monroe's and Fenwick's Regiments of Foot at that time in Ulster should march to his Assistance and that the Lords of Insiquin and Ardes should give the Enemy Diversion And accordingly the Lord Richard Butler afterwards Earl of Arran was sent Hostage to Chester and the aforesaid Three Regiments were received in Ormond's Garisons and the Lord Insiquin sent his Excellency Twenty Barrels of Powder and half a Tun of Match and on the Seventeenth of March the Earl of Roscomon Colonel Arthur Chichester and Sir James Ware were sent to the Committee at Derby-house to be Hostages for Performance of the Agreement with the Parliament and to solicit That Papists always adhering to the King and Papists that got out of the Rebels Quarters as soon as they could and Papists remaining in the Rebels Quarters that have shewed constant good Affections c. may be indemnified That Ormond may have leave to wait on the King and that the other Lords and Gentlemen may have Posses to go through England That Ormond may have leave to transport as many Papists to foreign Service as will go with him for which Liberty he will remit Ten thousand Pound That no Oaths other than those of Fidelity may be imposed on any Protestant and that the Common Prayer and their respective Imployments may be continued to them But they were told by the English Committee That they were Hostages and not Commissioners And on the same 17th day of March the Parliament of Ireland which had before made an Address to the Parliament of England for Protection quod vide Burlace 178 did remonstrate their Gratitude to the Marquiss of Ormond in the following Address signed by the Speakers of both Houses The Remonstrance of the Lords Spiritual and Temporal and Commons in Parliament assembled declaring the Acknowledgment of their hearty Thankfulness to the most Honourable James Marquiss of Ormond Lord Lieutenant General of Ireland His Excellency VVE the Lords and Commons assembled in Parliament in Our whole Body do present Our selves before your Lordship acknowledging with great Sense and feeling your Lordships singular Goodness to Us the PROTESTANT PARTY and those who have faithfully and constantly adhered unto them who have been preserved to this day under God by your Excellencies Providence and Pious Care which has not been without a vast Expence out of your own Estate as also to the hazarding of your Person in great and dangerous Difficulties And when your Lordship found your Self with the Strength remaining with you to be too weak to resist an insolent and upon all Advantages perfidious and bloody Enemy rather than we should Perish You have in your Care transferred Us into their hands that are both able and willing to preserve Us and that not by a bare casting Us off but by complying so far with Us that you have not denied our Desires of Hostages and amongst them of one of your most dear Sons All which being such a free Earnest of your Excellencies Love to our Religion Nation and both Houses do incite Us here to come unto you with Hearts filled with your Love and Tongues declaring how much We are obliged to your Excellency
Professing our Resolutions are with all real Service to the utmost of our Power to manifest the sincerity of our Acknowledgment and Affections unto you and to perpetuate to Posterity the Memory of your Excellencies Merits and our Thankfulness We have appointed this Instrument to be entred into both Houses and under the Hands of both Speakers to be Presented to your Lordship 17th die Martii 1676. Intr. per Vaâ— Savage Dep. Cler. Parl. Rich. Bolton Canc. Maurice Eustace Speaker Int. 17th die Martii 1676. per Philip Fernely Cler. Dom. Com. To which his Excellency returned the following Answer My Lords and Gentlemen VVHAT you have now Read and Deliver'd hath much surprized me and contains matter of higher Obligation laid upon me by you than thus suddenly to be answered yet I may not suffer you to depart hence without saying somewhat to you And first I assure you that this Acknowledgment of yours is unto me a Jewel of very great Value which I shall lay up amongst my choicest Treasures it being not only a full Confutation of those Calumnies that have been cast upon my Actions during the time I have had the Honour to serve His Majesty here but likewise an Antidote against the Virulency and Poison of those Tongues and Pens that I am well assur'd will be busily set on Work to traduce and blast the Integrity of my present Proceedings for your Preservation And now my Lords and Gentlemen since this may perhaps be the last time that I shall have the Honour to speak to you from this Place and since that next to the words of a dying Man those of one ready to banish himself from his Country for the good of it Challenge Credit give me leave before God and you here to protest that in all the time I had the Honour to serve the King my Master I never received any Command from him but such as spake him a Wise Pious Protestant Prince zealous of the Religion he professeth the Welfare of his Subjects and industrious to promote and settle Peace and Tranquillity in all his Kingdoms and I shall beseech you to look no otherwise upon me than upon a ready Instrument set on Work by the Kings Wisdom and Goodness for your Preservation wherein if I have discharged my Self to his Approbation and yours it will be the greatest Satisfaction and Comfort I shall take with me where-ever it shall please God to direct my Steps And now that I may dismiss you I beseech God long to preserve my Gracious Master and to restore Peace and Rest to this aifflcted Church and Kingdom But it is necessary to cast an Eye upon the rest of the Provinces and first on Munster where we shall find that the Castle of Bunratty was surpriz'd by the English in the close of the last Year and that the Earl of Glamorgan with Three thousand of the Men design'd for England was gone to recover that place he possed himself at Six-mile-bridge and made that his Camp and his Magazine but in the beginning of April the Garison sallyed and killed Captain Magrah and many of the Thomond Men aud beat their Party and not only burned Six-mile-bridge but scowred the whole Country to within Three mile of Limerick Hereupon Glamorgan appointed a Rendezvouz at Clonmel designing to make a Second Attempt but whilst he was contriving to impeach and imprison the Lord Muskery that Lord by his Interest and Diligence was too hard for him and obtained the Command of the Army which he presently conducted to the Siege of Bunratty nevertheless that place held out Six weeks after he came before it and at last surrendered upon honourable Articles The Supream Council removed to Limerick to Countenance this Siege and Insiquin to divert it ravag'd over all the Country to the very Gates of Limerick until the Earl of Castlehaven in pity to the Confederates gathered 1000 Horse whereby Insiquin being hindred from farther Preying the Country was oblig'd to return to his Garisons and in the mean time the Lord Broghill took the Lord Muskrye's strong Castle of Blarny which was more than a Counterpoise for his Success at Bunratty And what was done the rest of the Summer in Munster I do not any where find saving that the Lord of Insiquin took the Castle of Piltown but that on the Twentieth of February the Lord Lisle the Parliaments Lord Lieutenant arrived at Cork with 30000 l. in Money seven Pieces of Battery 1000 Muskets and 100 Barrels of Powder He did his utmost to amend whatever he found in disorder and in March visited Tallow Lismore Formoy and Youghall and had Knockmone delivered unto him but when he returned to Cork he began to be jealous of Insiquin and spent some of his time in fruitless Endeavours to displace him And in Ulster I find nothing more done than what hath been already related of the Battel of Bemburb saving that the Commissioners in the later end of October whilst Owen Roe was at the Siege of Dublin and to divert him from it sent out Seven hundred Horse and Dragoons from Lisnegarvy and they ravag'd over the Counties of Cavan Monaghan Louth and Westmeath and destroyed Owen Roe's Quarters and burnt many of his Villages and abundance of Corn and demolished Carickmacross and after a Fortnights stay abroad they brought home as many Cattle and as much other Plunder as they could drive or carry As also That the Lagan and Eniskilling Forces being joyned met Owen Roe near Clownish and gave him a small Defeat And as for Conaught it seems that General Preston took Roscomon about Midsummer and reduced most part of that Province for on the Tenth of December Mr. Annesly Sir Adam Loftus Sir John Temple and Sir Hardress Waller being then in England made a Report of the State of Ireland to the Parliament as followeth viz. That all Leinster opposes the Parliament and so doth Conaught except Sligo and five or six Castles wherein the Parliament hath Six Hundred Horse and Fourteen Hundred Foot but that in Munster the Parliament hath Cork Kinsale Youghall and Bandon and in them Four Thousand Foot and Three Hundred Horse and that all Ulster is theirs except Charlemont Dunganon and Montjoy which the Irish have and Newry and Greencastle which Ormond hath and in that Province the Parliament have Eight Thousand Foot in seventeen Regiments whereof Three Thousand Five Hundred Scots and Five Thousand old British and Eight Hundred and Fifty Horse in seventeen Troops and that the Irish are well supplied with Horse Arms Ammunition and Men and have Twenty Thousand Foot and Two Thousand Five Hundred Horse in Arms. But since we have related what the Confederates did at home it is fit that we should also enquire what they did abroad which we may give a shrewd Guess at by the following Papers the first being an Extract of a Letter sent to the Queen by the Bishops of Dublin Cashel and Elphin in the name of the Congregation on the Fifteenth of August 1646.
the Management of Affairs of greatest consequence will we doubt not added to other the reasons proposed by us induce you to embrace this Advice as proceeding from our Pious Intentions that look only on the Preservation of the Catholick Religion the Support of his Majesty's Authority and the Estates Liberties and Fortunes of his Subjects of this Kingdom Which we humbly offer as August 13th 1650. Your Excellency's Most Humble Servants Fr. Ol. Dromore Char. Kelly Upon receipt of this Message his Excellency imparted it to the Commissioners of Trust who were very much surprized at it and desired his Lordship not to answer that point but rather to propose a Conference with them at Loghreagh on the 26th of August which accordingly he did and in expectation to meet them there he travelled to Loghreagh but they did not vouchsafe to come or to send any body to confer with his Excellency upon that Subject but they appointed the Bishops of Cork and Clonfert to attend him there and receive his Answer whereupon his Excellency on the last day of August sent them the following Letter An Answer to the Message delivered to Vs by the Bishop of Dromore and Dr. Charles Kelly Dean of Tuam from the Prelates met at Jamestown by vertue of their Letter desiring us to give full Credence to the said Bishop and Dean Dated at Jamestown the 10th of August 1650. The Substance of which Message may be reduced to these Particulars I. THe Message or Advice which is For our speedy Repair to his Majesty to procure Supplies for the Relief of this Kingdom leaving the King's Authority in the hands of some person or persons faithful to his Majesty and trusty to the Nation than which they say they can find no other Expedient or Remedy for the Relief of this Gasping Nation and Preservation of his Majesty's Interests therein or to prevent the Ruine and Desolation of all II. The reason of this Advice which is That through the Trust reposed in Us by his Majesty and Our own Interest in Fortune Alliance and Kindred in the Nation they hope those Supplies may more easily and speedily be obtained by Our Mediation than by any other means III. The Prelates promise undertaking That in the mean time which we understand to be during Our absence they will do what lieth in their power to assist the person or persons that shall be entrusted with the King's Authority Whereunto we answer That as the principal Motives inducing Us through some Hazards and many Difficulties to come into this Kingdom were the Obedience we owe to his Majesty's Command and our earnest desire to preserve this Nation in their Allegiance to Him wherein we always have and ever shall place our Interest and the Interest of such Kindred and Allies as will be guided by our Advice and Example so we shall always readily expose ourself to the like or greater Hazards and Difficulties to remove out of the Kingdom when We receive his Majesty's Command for it or shall be convinced that our Removal tends more to His Service and the Preservation of the Nation than our stay We confess that observing the Destructive Disobedience and Obstinacy of divers Persons and Places We were once of opinion that we might have done Our King and Country better Service by withdrawing Ourself than by continuing here by how much there would then have been less ground for Division when the Nation should be governed by one or more of their own Religion And sure we wereâ— that the stronger the Resistance were that should be made against the Rebels under what Conduct whatsoever the better it would be for the King and for the Nation And though We hold it not fit for Us even in point of Honour in flat terms to propose Our Removal which might have met with as great Misinterpretation as other Actions and Propositions of Ours intended for the good of the People have done yet in a Discourse had with many of the Prelates first at Limerick and afterwards here We did in a manner lead them to the Proposition they have now made And We freely acknowledge that if they and the Nobility and Gentry here met in April last had not in Writing and in Discourse given Us assurance that they not only desired Our stay but would endeavour to procure such Obedience to Us as might enable us with Hope and Success to have gone on in the War We should have made use of the Liberty given Us or Command then laid upon Us by his Majesty to have freed Ourself from the Vexation We have since endured and the Dishonour We foresaw We should be subject unto for want of that Power without which as we then told the said Bishops c. We should be able to do nothing considerable for the King or Nation Those Assurances We have transmitted to his Majesty as also Our Resolution to attend the Effects of them But those Disobediences still continuing We have again acquainted Him with the state of His Affairs here and do daily expect His pleasure upon the Representation We have made to Him without which unless forced by inevitable Necessity We cannot answer Our Removal out of the Kingdom Which is Our first and Principal reason why We might not comply with the Advice given Us. Another reason is That We plainly observe that though the Division is great in the Nation under Our Government yet it will be greater upon Our Removal For which in a free Conference We should have given such pregnant Evidence as We hold not fit this way to declare The Third is That though since the Meeting here where we were assured of such effectual Endeavours to procure Obedience to the King's Authority placed in Us the particular Disobediences We then instanced have continued and been improved by many other Affronts yet it hath pleased God to raise His Majesty Affairs elsewhere to so hopeful a Condition that may occasion His Majesty's sending us such Commands as we should be sorry should not find us upon the place In the last place it is most certain that no Meditation of ours will prevail with his Majesty for sending Relief and Supplies hither as the Representations We desire to be enabled to make of the Dutifulness and Obedience of the People where unto to dispose them We do again call upon You to make use of all the means within Your power Given at Loghreagh the 13th of August 1650. ORMOND But all this Labour might have been saved if his Excellency had known what these Prelates had done for on the very same day the aforesaid Message was delivered to the Lord-Lieutenant by the Bishop of Dromore and Doctor Kelly viz. the 12th of August and without expecting any answer to it they issued the fatal and bloudy Declaration and Excommunication at Jamestown against the Lord-Lieutenant and all his Adherents recited at large Appendix 47 wherein the Bishop of Ferns says they were Unanimous and boasts that this Rejection of the
own Subjects and hazard the Quiet of their Kingdoms or States To these we have answered elsewhere We cannot sufficiently wonder that Men having no Spleen or Malice to our person have yet been so transported by their desire to have a Governour to their mind as to asperse us with so many Untruths as they have been detected of in this Discourse Or why if their Charity be such as they speak of they choose not rather to deal freely with us in private when we so often provoked them to it than to joyn with others to keep us here against our inclination as if it were on purpose to send us away irrecoverably blasted in Honour and Reputation by their publick Declaration As to the Commissions here mentioned to be given by us against Limerick the many Provocations Disobediences affronts and Challenges of Dues by the Commissioners applotted on them required much more at our hands than we did Which you will find by the ensuing Discourse though therein we are necessitated to re-assume in part what we formerly said of the demeanor of that City That we having for a long time observed the great Disadvantage his Majesty's Service in the Conduct of the War hath been subject unto for want of Garrisoning the Army in the principal Cities and Towns of this Kingdom whereby the Army could not but be undisciplined and unfit for Action the Country where we have been forced to Quarter them at large burthened and destroyed and the said Cities and Towns on the Defence whereof depended the Preservation of the Kingdom with the Lives Liberties and Fortunes of all his Majesty's good Subjects therein in apparent hazard of being lost upon the approach of an Enemy as by sad Experience hath been verified in the loss of some Places of importance for the want of the seasonable admitting into them of fitting Governours and Garrison Souldiers We did on the 14th of January last propose unto the Commissioners authorized by us in pursuance of the Articles of Peace that then immediately Limerick and other Places should be strongly Garrison'd and Fortified and in pursuance of the said Articles we offered unto them the Names of three Persons of the Roman Catholick Religion that out of them they might choose one for the Command of Limerick But the Plague increasing at Kilkenny together with the necessity of dissolving the Meeting then there and for other important reasons the Election of a Governour of the said City of Limerick was deferred to the end that at our coming thither we might in the manner prescribed by the Articles of Peace make Choice of such a Person and Garrison as might be at once fit for so important a Charge and beyond all possiblity of being lyable to just Exception from that Corporation We leave it to the Commissioners and others that then attended us to witness what pains we there took to satisfie those of that City in the necessity of their speedy receiving a Governour and Garrison in relation to all the Interests that can be of value with any People What our Patience was in passing by many Disrespects and Marks of an Unworthy Distrust put upon us there as particularly the Officer commanding the City Guards neither came to us for Orders nor imparted any to us that no Officer of the Army nor any other Person could without special leave and that hardly obtained from the Mayor be admitted to come to us to receive our Commands and Directions for resisting the Rebels than by this means prevailing in the County of Limerick and other places and that the Lord Viscount Kilmalloc a Peer of the Realm and an Officer of the Army was we being upon the place restrained of his Liberty ☜ for no other reason than for Quartering by our Orders for one night some few Horse under his Command in the Liberties of the City When through such their Deportment we despaired of perswading them to the ways leading to their proper Safety and also judged it far beneath the Honour of our Master to remain any longer in a Place where such Affronts were put upon his Authority intrusted with us we determined to remove from thence to Logreogh appointing the said Commissioners and as many of the Roman Catholick Bishops as were within any convenient distance to meet us there on the 9th of March Where being met we declared unto them the necessity of Garrisoning that City and gave them some notice of our resentment of our Usage there yet sparingly in hope that by their means they might be brought to consent to what was so necessary for their own Preservation and in time to a better understanding of their Duty to his Majesty's Authority Whereupon the said Commissioners by two of their Number directed very pressing and rational Letters to that Corporation to the effect proposed by us offering them their Choice of five Persons for the Martial Government of that City all of the Roman Catholick Religion of considerable Interest in the Kingdom and of unblemished Reputation And the Bishops do affirm That they accompanied those Letters with others from themselves perswading that Obedience should be given to what was required by us with the Advice and Consent of the said Commissioners To all which they returned Answers to these employed to them wherein in direct Violation of the Articles of Peace whereunto they were obliged and which was proclaimed in that City they presumed to propose the raising of new Forces of their own choosing what Men to receive how and whence they should be supported by whom their means should be raised and collected into whose hands it should be put and in short wholly omitting to declare any thing concerning a Governour assumed to themselves all the Power in that City that by his Majesty is placed in us and by the Articles of Peace in the Commissioners These Propositions coming to us before our meeting with the Commissioners at Athlone we directed our Letter of the 9th of April to those employed to them with direction to impart it to the Corporation In these our Letters we manifested our dislike to such parts of their Presumption as tended to a dangerous Distinction and Dividing of the Nation and to the Diminution of his Majesty's Power even as the same is for a time in some things limited by the Articles of Peace and added to their Choice of Government the Lord Marquess of Clanrickard But in their Propositions which might be understood to proceed only from a fear of being over-burthened for the want of the punctual Payment of the Men that should be admitted we gave them assurance of Satisfaction as far as in us lay And the Commissioners being at Athlone and made acquainted with their Answers did again propose unto them some things nearer to their own sence But all their Forbearings Condescentions and mild Perswasions have produced in them no other effect than an obstinate and peremptory Persistance in their Disobedience with an Aggravation of it by their rejecting
into my hands they have violated the Trust reposed in them by having cast off and declined the Commission and Instructions they had from me in the King my Master's behalf and all other Powers that cou'd by any other means be derived from him and pretend to make an Agreement with your Highness in the Name of the Kingdom and People of Ireland for which they had not nor could have any warrantable Authority and have abused your Highness by a counterfeit shew of a private Instrument fraudulently procured and signed as I am informed by some inconsiderable and factious Persons ill-affected to His Majesty's Authority without any knowledge or consent of the generality of the Nation or Persons of greatest Quality or Interest therein and who under a seeming zeal and pretence of Service to your Highness labour more to satisfie their private Ambition then the advantage of Religion or the Nation or the prosperous Success of your Highness's generous Undertakings and to manifest the clearness of mine own Proceedings and make such deceitful Practices more apparent I send your Highness herewith an Authentick Copy of my Instructions which accompanied their Commission when I imployed them to your Highness as a sufficient evidence to convince them And having thus fully manifested their breach of Publick Trust I am obliged in the King my Master's Name to protest against their unwarrantable proceedings and to declare all the Agreements and Acts whatsoever concluded by those Commissioners to be void and illegal being not derived from or consonant to His Majesty's Authority being in Duty bound thus far to vindicate the King my Master's Honour and Authority and to preserve his just and undoubted Rights from such deceitful and rebellious Practices as likewise with an humble and respective Care to prevent those prejudices that might befal your Highness in being deluded by counterfeit shews in doing you greater Honour where it is apparent that any Undertaking laid upon such false and ill-grounded Principles as have been smoothly digested and fixed upon that Nation as their desire and request must overthrow all those Heroick and Prince like Acts your Highness hath proposed to your self for God's Glory and Service the Restauration of oppressed Majesty and the Relief of his distressed Kingdom which would at length fall into intestine Broils and Divisions if not forcibly driven into desperation I shall now with a hopeful and cheerful importunity upon a clear score free from those Deceits propose to your Highness that for advancement of all those great Ends you aim at and in the King my Master's behalf and in the Name of all the Loyal Catholick Subjects in this Nation and for the preservation of those important cautionary Places that are Security for your Highness's past and present Disbursements you will be pleased to quicken and hasten those Aids and Assistances you intended for the Relief of Ireland and I have with my whole Power and through the greatest Hazards striven to defend them for you and to preserve all other Ports that may be at all times of Advantage and Safe-guard to your Fleets and Men of War having yet many good Harbours left and also engage in the King my Master's Name for whatsoever may prove to your Satisfaction that is any way consistent with his Honour and Authority and have made my Applications to the Queen's Majesty and my Lord-Lieutenant the King being in Scotland further to agree confirm and secure whatsoever may be of advantage to your Highness and if the last Galliot had but brought 10000 l. for this instant time ☜ it would have contributed more to the Recovery of this Kingdom than far greater Sums delayed by enabling our Forces to meet together for the Relief of Limerick which cannot but be in great distress after so long a Siege and which if lost although I shall endeavour to prevent it will cost much Treasure to be regained And if your Highness will be pleased to go on chearfully freely and seasonably with this great Work I make no question but God will give so great a blessing thereto as that myself and all the Loyal Subjects of this Kingdom may soon and justly proclaim and leave recorded to Posterity that your Highness was the grâ—â—t and glorious Restorer of our Religion Monarch and Nation and that your Highness may not be discouraged or diverted from this generous Enterprize by the Malice or Invectives of any ill-affected it is a necessary Duty in me to represent unto your Highness that the Bishop of Ferns who as I am informed hath gained some Interest in your favour is a Person that hath ever been violent against ☜ and malitious to His Majesty's Authority and Government and a fatal Instrument in contriving and fomenting all these Divisions and Differences that have rent asunder this Kingdom the Introduction to our present Miseries and weak Condition And that your Highness may clearly know his Disposition I send herewithal a Copy of part of a Letter written by him directed to the Lord Taaf Sir Nicholas Plunket and Jeffery Brown and humbly submitted to your Judgment whether those expressions be agreeable to the Temper of the Apostolical Spirit and considering whose Person and Authority I represent what ought to be the Reward of such a Crime I must therefore desire your Highness in the King my Master's behalf that he may not be countenanc'd or intrusted in any Affairs that have relation to His Majesty's Interest in this Kingdom where I have constantly endeavoured by all possible Service to deserve your Highness's good Opinion and obtaining that Favour to be a most faithful Acknowledger of it in the Capacity and under the Title of Your Highness's Most Humble and Obliged Servant CLANRICKARD Athenree 20th Octob. 1651. These Letters were as pat to the Duk 's purpose as could be for it justified him in not sending Succours until there should be a New and more Authentick * Null is suppetias missurus antequam alius tractatus concluderetur Vindiciae Eversae 139. Treaty and it also justified his Answer not to Treat any farther with the Agents without his Majesty's †Progredi in tractatu noluit donec de regis voluntate constaret Ibid. Approbation Which being made known to his Majesty he sent the Lord Goring with Letters of the 6th of February from Paris to thank his Highness for refusing farther Treaty with the Irish Agents and to propose to enter into a new Treaty with him about the Relief of Ireland but the Duke by this time had finished his Intrigue at Rome and therefore gave a very short answer That his Majesty had nothing in Ireland to treat for The Year 1651 1651. could not well be otherwise than successful for on the one side the Irish were distracted and divided and on the other side the English Army was rendered Immortal by those constant and seasonable Supplies both of Men and Necessaries that were sent them from England so that notwithstanding their frequent Expeditions
compared with the Certificates here Also prevent the abuse in Coyning Vending annd Vttering small Moneys 14thly Endeavour to bring all to a Conformity in the Religion by Law Established and acquaint us with what difficulties you meet with therein 15thly Inspect our Forts Castles Magazines and Stores and endeavour to make Salt-Petre 16thly We are informed That small Profit hath heretofore come to our Exchequer by Castle-Chamber Fines tho Misdemeanors proper for punishment in that Court were many we would therefore have you look into the reasons thereof and to resettle and uphold the Honour and Jurisdiction of that Court for the repressing exorbitant Offences wherein our Learned Council are to do their Duty faithfully 17thly The Vice-Treasurer or his Deputy to receive all Money 18thly Reduce the Moneys there to the condition of Sterling and establish a Mint there 19thly Finding some Propositions of the Duke of Ormond recorded in the Register of Council-Causes 1662. fit to be observed we have renewed them with reference to your Government therefore observe them Lastly Several Popish Clergy since the return of the Duke of Ormond hither have exerâ—â—ed their Jurisdictions to the great grief of the Remonstrants If so execute the Laws against the Titular Archbishops Bishops and Vicar-Generals that have threatned or excommunicated the Remonstrants and that you protect such Remonstrants as have not withdrawn their Subscriptions These were the publick Instructions but the Administration of the Government seem'd to have another Foundation for now the Mystery of Iniquity began to appear and the Papists were publickly countenanc'd and indulg'd in Ireland many of them got into the Commission of the Peace and it was attempted also to bring them into the Army but Matters not running so smoothly as the Lord Lieutenant expected he returned to England for new Instructions and left the Government in the Hands of the Lord Chancellor and Sir Arthur Forbus Lords Justices who were Sworn on the 12 th of June and continued in that Office until his Excellency's return which was on the 23 d day of September 1671. In the mean time on the 21 st of February 1670. Collonel Richard Talbot Petitioned His Majesty in the behalf of His most distressed Subjects of Ireland who were outed of their Estates by the late Vsurped Powers which Petition was referr'd to a Committe of the Council to Examine and Report and a State of their Case was given to the Committee in Writing Whereupon on the 28 th of January the Kings Solicitor attended the Committe at the Council-Chamber His Majesty being present and there the Petition and Talbot's Commission from the Irish the State of their Case and the Paper of Instances were read On the 1 st of February the King being present Sir George Lane was call'd in and the first Instance being the Case of Mr. Hore was objected against him but Sir George baffled the Petitioners in that Matter and having prov'd an Agreement with Mr. Hore which His Majesty was pleased to say He remembred That Affair was clear'd to the satisfaction of the King and the Committee much contrary to the Expectation of the Petitioners who perhaps had prevail'd with the King to be there that he might be an Ear-witness of the Wrong that was done them But the King being weary of such Debates did on the 4 th of February in Council appoint the Lords Buckingham Anglesy Hollis and Ashley and Secretary Trevor or any three of them to be a Committee to Peruse and Revise all the Papers and Writings concerning the Settlement of Ireland from the first to the last and to take an Abstract of the State thereof in Writing And accordingly on the 12 th of June 1671. they made their Report at large which was the Foundation of a Commission dated the 1 st of August 1671. under the great Seal to Prince Rupert the Dukes of Buckingham and Lauderdale Earl of Anglesy Lords Ashley and Hollis Sir John Trevor and Sir Thomas Chichly to Inspect the Settlement of Ireland and all Proceedings from first to last in Order thereunto And this was followed by another Commission of the 17 th of January 1672. to Prince Rupert Earl of Shaftsbury the Lord Treasurer Clifford and others amongst whom the Dukes of Ormond was one to inspect the Affairs of Ireland viz. the Acts of Settlement and Explanation and the Execution of them and the disposing of Forfeited Lands and the State of His Majesties Revenue c. But how specious soever the Pretences were for these Commissions the secret Design was to unravel the Settlement and to humble the Duke of Ormond upon whom they always fell when the Popish Interest prevailed for otherwise the pretended Grievances if they had been really true were few and small and it were much better for the publick That even greater Irregularities than were complain'd of should remain unremedied than that the great and common Security of the Nation should be shaken And of this Opinion was the Parliament of England who always concern'd themselves effectually for the English Interest and the Protestant Religion in Ireland and accordingly on the 9th day of March 1673 they Address'd to His Majesty as followeth And this Address occasion'd that the aforesaid Commission of Inspection was Superseded on the 2d of July 1673. WE Your Majesties most Loyal Subjects the Commons in this Present Parliament Assembled taking into Consideration the great Calamities which have formerly befallen Your Majesties Subjects of the Kingdom of Ireland from the Popish Recausants there who for the most part are profest Enemies to the Protestant Religion and the English Interest and how they make use of Your Majesties Gracious Disposition and Clemency are at this time grown more Insolent and Presumptuous than formerly to the apparent Danger of that Kingdom and Your Majesties Protestant Subjects there the consequence whereof may likewise prove very fatal to this Your Majesties Kingdom of England if not timely prevented And having seriously weighed what Remedies may be most properly applied to those growing Distempers do in all Humility present Your Majesty with these our Petitions 1. That for the Establishment and Quieting the possessions of Your Majesties Subjects in that Kingdom Your Majesty would be pleased to maintain the Act of Settlement and Explanatory Act thereupon and to recall the Commission of Enquiry into Irish Affairs bearing date the 17 th of January last as containing many new and extraordinary Powers not only to the Prejudice of particular Persons whose Estates and Titles are thereby made liable to be questioned but in a manner to the overthrow of the Acts of Settlement and if pursued may be the occasion of great Charge and Attendance to many of Your Subjects in Ireland and shake the Peace and Security of the whole 2. That Your Majesty would give order that no Papist be either continued or hereafter admitted to be Judges Justices of the Peace Sheriffs Coroners or Mayors Sovereigns or Portreeves in that Kingdom 3. That the Titular Popish Archbishops
whereupon he this Examinant came to Connaught on Wednesday night last and finding the said Hugh come to Dublin followed him thither he came hither about Six of the Clock this Evening and forthwith went to the Lodging of the said Hugh to the House near the Boot in Oxmantown and there he found the said Hugh and came with the said Hugh into the Town near the Pillory to the Lodging of the Lord Mac-Guire where they found not the Lord within and there they drank a Cup of Beer and then went back again to the said Hugh's Lodging He saith that at the Lord Mac-Guire's Lodging the said Hugh told him that there were and would be this Night great Numbers of Noblemen and Gentlemen of the Irish Papists from all parts of the Kingdom in this Town who with himself had determined to take the Castle of Dublin and to possess themselves of all his Majesties Ammunition there to Morrow Morning being Saturday and that they intended first to Batter the Chimneys of the said Town and if the Citizens would not yield then to Batter down the Houses and so to cut off all the Protestants that would not joyn with them He further saith That he the said Hugh told him that the Irish had prepared men in all parts of the Kingdom to destroy all the English Inhabiting there to Morrow Morning by Ten of the Clock and that in all the Sea-Ports and other Towns in the Kingdom all the Protestants should be killed that night and that all the Posts that could be could not prevent it And farther saith That he moved the said Hugh to forbear executing of that business and to discover it to the State for saving of his own Estate who said he could not help it but said that they did owe their Allegiance to the King and would pay him all his Rights But that they did this for the Tyrannical Government that was over them and to imitate Scotland who had got a Priviledge by that course And he further saith that when he was with the said Hugh in his Lodging the said Hugh swore that he should not go out of his Lodging that Night but told him he should go with him the next Morning to the Castle and said if this matter were discovered somebody should die for it Whereupon this Examinant fained some necessity for his Easement went down out of the Chamber and left his Sword in Pawn and the said Hugh sent his Man down with him and when this Examinant came down into the Yard and finding an opportunity he this Examinant leaped over a Wall and Two Pales and so came to the Lord Justice Parsons October 22. 1641. Owen O Conally William Parsons Thomas Rotheram Robert Meredith Appendix III. A Copy of a Letter directed to the Lord Viscount Costilough from the Rebels of the County of Longford in Ireland which he presented to the State in their behalf Nov. 10. 1641. Our very Good Lord OUr Allyance unto your Lordships Ancestors and your self and the tryal of your and their performance of Trust unto their Friends in their greatest Adversity encourageth us and engageth your Honour to our fruition of your future Favours the fixion of our confidence in you before any of the Peers and Privy Counsellors of the Kingdom doubleth this obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the Reading of which we most humbly pray and the Manner of it First The Papists in the Neighbouring Counties are severely Punished and their Miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on Fire And we and other Papists are and ever will be as Loyal Subjects as any in the Kings Dominions for manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it receiv'd indelible impression in our Hearts shall be Sign'd with our Hand and Seal'd with our Blood Secondly There is an Incapacity in the Papists of Honour and the Immunities of true Subjects the Royal marks of Distributive Justice and a disfavour in the Commutative which raised Strangers and Foreigners above those whose Valour and Vertue was Invincible when the old Families of the English and the major part of us the meer Irish did Swim in Blood to serve the Crown of England and when Offices should call Men of Worth Men without Worth and Merit obtain them Thirdly The Statute of 2 Eliz. of force in this Kingdom against us and they of our Religion doth not a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real intention for confirming our Estates his Broad Seal being the Pawn betwixt his Majesty and his People Fifthly The Restraint of Purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their Posterities doth more discontent them than that Plantation Rule for they are brought to that Exigent of Poverty in these late times that they must be Sellers and not Buyers of Land And we conceive and humbly offer to your Lordships consideration principiis obsta that in the beginning of this Commotion your Lordship as it is Hereditary for you will be a Physitian to cure this Disease in us and by our examples it will doubtless beget the like auspicious success in all other parts of the Kingdom for we are of opinion it is one Sickness and one Pharmach will suffice Sublata causa tollitur effectus and it will be recorded that you will do Service unto God King and Country and for salving every the aforesaid Sores your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general Pardon without Restitution or account of Goods taken in the time of this Commotion a Liberty of our Religion a Repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way a Charter-free Denizen in ample manner for meer Irish all which in succeeding Ages will prove an Union to all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetuity for an imminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and quae sunt Dei Deo and it was by the Poet written though he be prophane in other matters yet in this Prophetically Divisum Imperium cum Jove Caesar habet All which for this present we leave to your Honourable care and we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farral James Farral Bryan Farral Readagh Farral Edmond mac Cael Farral John Farral in Carbuy Garret Farrel Lisagh mac Conel Farral
Bryan mac William Farral John mac Edmond Farral John Farral Roger mac Bryne Farral Barnaby Farral James mac Teig Faral his Mark. Morgan mac Carbry Farral Donough mac Carbry Farral Richard mac Conel Farral William mac James Farral James Farral Taghna mac Rory Farral Cormack mac Rory Farral Conock mac Bryne Farral Readagh mac Lisagh Farral Connor oge mac Connor Farral Edmond mac Connor Farral Cahel mac Bryne Farral Appendix IV. A Letter from the Lords Justices and Council to King Charles the First to prevent a Peace with the Irish May it please your Most Excellent Majesty WE your Majesties Justices on the 30 th of January last Receiv'd your Majesties Letter of the 11 th of the same We being then in Council at this Board which Letters we then immediately communicated to the Council as we always do in all matters of Importance concerning your Majesties Affairs here By those Letters your Majesty declared that you had sent a Commission to our very good Lord the Lord Marquess of Ormond and others Authorizing them to receive in Writing what the Petitioners Catholicks of Ireland mentioned in those Letters would say or propound and to return the same to your Majesty And by the same Letters your Majesty Commanded us your Justices to give those Commissioners our best assistance and furtherance as there shall be occasion wherein as in all things else we have always done and shall ever do we shall most readily obey your Majesties Royal Commands with all humble Duty and Submission having nothing more in our Care and Endeavours in these perplexed times than to advance your Service and to preserve your Soveraign Rights and Interests here where so dangerous Attempts have of late been made against them by so Aniversal a Conspiracy of the Papists of this Kingdom We do with much Joy of heart Comfort our selves to see your Majesties gracious inclination to hear your Subjects whatsoever they be in themselves and as therein we behold your goodness so we to whose Care and Circumspection your Majesty hath committed the great Trust of this your Kingdom cannot but esteem it a great breach of Duty and Faith in us to be silent in such things as may give light in this important business and which cannot come to your Majesties knowledge but by your Ministers These Petitioners do affirm That they had recourse to Arms for Preservation of your Royal Rights and Prerogatives which if it were true we should be subject to the full Tax of Treachery if we should not with all Zeal and hearty Affection have joined with them And if that had been the true ground of their entring into quarrel with us it should cost little Mony or Blood to the Kingdom of England to reconcile us They well know that before this Rebellion in the Parliament held here and formerly we opposed them several times where we found them vehemently labour to abridge those Prerogatives and antient Rights of the Crown here and to derogate from your Royal Authority in many Parts thereof as by particulars will appear But we must upon full observation of their Courses and Actions since the First breaking out of this unnatural Rebellion unfeignedly affirm That they do but take up this for an excuse of their most odious breach of Faith and Duty to your Most Sacred Majesty their inward intent being as since hath appeared to deprive your Majesty of all those Prerogatives they spake of and even of your Crown and Kingdom resolving also to destroy and extirpate out of this Island as well the true Protestant Religion as also your Majesties most Loyal Brittish Subjects whom they hate chiefly because they Religiously love your Majesty and your Children and in that love were such leaders of them in all their late seeming Acts of Bounty and Duty towards your Majesty as without shameful bewraying their evil hearts they could not shun the same whereat they often shewed much reluctancy as appeared in reducing the subsidies and other things In Vlster where the Rebellion first broke forth it is testified upon Oath by a Gentleman that was a Prisoner amongst the Rebels that he heard one of the Rebels a man of Note amongst them say That if he had your Majesty where he than spake that he would flea you quick but they would have the Kingdom and their will of you Others there said that they had a King of their own in Ireland Others said that they would have an Irish King and regarded not King Charles the King of England Others that they had a new King and had Commission from him for what they did Others that Sir Phelim O Neal should be their King and that they would give a great sum of Mony to have King Charles his Head these Speeches were uttered in several Counties in that Province and by several Parties also those in Vlster devis'd false Prophesies and dispers'd and publish'd them and amongst others things so devis'd by them one Prophesie is said to be that Tyrone or Sir Phelim O Neal should drive your Majesty with your whole Posterity out of England and that You and your Posterity shall be hereafter Profugi in terra aliena in aeternum to which Phelim O Neal Regal Attributes have been given by some of the Rebels and he hath written in a Regal Stile and did Seal Letters with a Seal whereon there was a Regal Crown which we have seen When the Rebellious Lords and Gentry of the Pale and Leinster and after them those of Munster and Conaugh and the Irish in Leinster rose in Rebellion who appeared not in Arms until those in the Pale brake out those in the Pale declared to Assault your Majesties Castle and City of Dublin where reside your Officers of State and where are the Ensigns and Ornaments of your Royal Authority and Soveraignty here and all the Records of your Revenues and Interest which they purposed to Seize and by holding that Place to take away the means for arrival of English here other than by main force to which intent they Assembled in great numbers near this City within two or three Miles round about it having then also strongly Besieg'd your Majesties Port Town of Droghe da as a step to the gaining of this City presuming all this while that no succour should come out of England and all this done not only by the barbarous Rebels of Vlster but also by the degenerate ungrateful Lords and Gentry of the Pale and when by Gods blessing and your Majesties tender care of the remanant of your poor People left yet undestroyed in sending Forces hither we were enabled by your Majesties Forces to beat off those Multitudes and to raise the Siege of Drogheda then as well the Old English as the Irish all Papists and now Rebels which drew themselves farther off and finding that they had not so ready a way to rent the Kingdom out of your Majesties hands as they at first supposed they then found it necessary to fall
here These things most Dread Sovereign are of so great and important consideration towards securing the future Peace and Safety of your Sacred Majesty your Royal Posterity your Kingdoms and good Subjects as we could not without breach of Faith and Loyalty to your Majesty forbear thus truly and plainly to represent them and howsoever the Rebels are pleased unjustly to traduce and calumniate us and our proceedings without any cause given on our parts other then our Faithfulness to you our most Dear and Gracious Lord and Master which Reproaches from them we are content for your sake to bear as we are ready to Sacrifice our Lives for you Yet we humbly beseech your Majesty to give us leave with the freedom of Faithful Servants to affirm to your Majesty in the presence of God to whom and to your Majesty we are accountable for uprightness in all our Councils and Actions that we fall upon no Expressions herein out of any hatred to the Persons of them or any of them or out of any sinister ends of advantage to our selves but only out of necessary duty to God and to your Majesty for whom we hope God hath reserved the high honour of that great work of full settlement and reformation of this your Kingdom to which none of your Royal Ancestors could attain although your Royal Father King James of Blessed memory made a fair entrance towards it by a sweet and peaceable way which glorious beginning of his the Rebels have quite overturned and defac'd And now having clearly and in zealous duty laid open our hearts to your Royal Majesty we in all humility submit and intirely depend on your Majesties Commands whether for Peace or War and shall with all fervency imploy our Bodies and Minds to execute whatsoever you shall in your high Wisdom prescribe humbly beseeching the Almighty Guider of all Humane Councils to grant you his Divine Assistance from the Wisdom which is ever about his Throne And so we humbly remain from your Majesties Castle of Dublin the 16th day of March 1642. Your Majesties most Loyal and most Faithful Subjects and Servants William Parsons Jo. Borlace La. Dublin Cha. Lambart Ad. Loftus Ge. Shurley Ger. Lowther J. Temple Tho. Rotheram Rob. Meredith Appendix V. An Abridgement of the Irish Remonstrance of Grievances THAT they being necessitated to take Arms for the Preservation of their Religion the Maintenance of His Majesties Rights and Prerogatives the natural and just Defence of their own Lives and Estates and the Liberties of their Country have often attempted to present their humble Complaints to His Majesty but were prevented therein by the Power and Vigilancy of the Lords Justices c. Who by the Assistance of the Malignant party now in Rebellion in England the better to accomplish the Extirpation of their Religion and Nation have hindred their Access to the Kings Justice which might have prevented much mischief and having notice now of a Commission to hear their Proposals in which are these words albeit we do extreamly detest the odious Rebellion which the Recusants of Ireland have without Ground or Colour raised against us our Crown and Dignity they conceive them to have proceeded from the misrepresentation of their Enemies and do protest they have been therein traduced to the King for that they never entertained any Rebellious thought against His Majesty his Crown or Dignity but are his faithful Loyal Subjects and desire to be owned so and as such they present the ensuing Grievances and Causes of the then present Distempers 1. That the Catholicks whom neither Reward nor Persecution could tempt from their Religion these 1300 Years are by the Statute of 2 Eliz. made incapable of Places of Honour or Trust their Nobles are become contemptible their Gentry debar'd from Learning in the Universities or Publick Schools and their younger Brothers for want of imployment are forced to live in Ignorance and Contempt at home or to their great discomfort and impoverishing of the Country to seek Education and Fortune abroad Misfortunes made incident to the Catholicks only their Number Quality and Loyalty considered of all the Nations in Christendom 2. That Men of mean Condition and Quality for the most part were placed in all Offices of Trust and Honour who being to begin a Fortune built it on the Ruines of the Catholicks and to ingratiate themselves scandalized the Papists and rendered them suspected and odious in England whereby arose the Opposition to the Graces promised or intended to the Natives by His Majesty or his Father and the false Inquisitions on feigned Titles against many Hundred years Possession and no Travers or Petition of Right admitted thereunto nor any Bar to it except Letters Patents which when produced were also declared void so that 150 of them were avoided in one Morning so little regard was had to the great Seal which is the publick Faith of the Kingdom And the Jurors were forced even by infamous Punishments to find such Inquisitions against their Consciences 3. That the Graces granted by the King and his Father were rendered unprofitable and fruitless to the Natives by the immortal Hatred of Sir William Parsons and the impeached Judges and their Adherents so that the publick Faith involved in those Grants was violated 4. That by the many wilful and erronious Decrees in the Court of Wards the Heirs of Catholicks were cruelly dealt with destroyed in their Estates and bred in Dissolution and Ignorance their Parents debts unsatisfied their Brothers and Sisters unprovided for Mesne Tenures unregarded Conveyances for valuable consideration avoided against Law and the whole Kingdom filled with Swarms of Escheators Feodaries Pursivants e. 5. That the Catholicks have without Reluctancy or repining contributed to all the Subsidies Loans and extraordinary Grants made to His Majesty amounting to Well near One Million of Pounds over and above his Revenue and thereunto were the most forward and thereof bore nine parts of Ten yet their Adversaries by the Opportunity of their continual Addresses to His Majesty to increase their Reputation in getting in of those Moneys and their Authority in distribution thereof to His Majesties great Disservice assumed to themselves to be procurers thereof and represented the Catholicks as obistnate and refractory 6. That the Army raised here with great charge was disbanded by the pressing importunity of the Malignant Party in England because they said it was Popish and therefore not to be trusted and although that Malignant Party did invade his Majesties Prerogative and Sir William Parsons and Sir Adam Loftus did declare that an Army of Ten Thousand Scots would come to Ireland to force the Catholicks to change their Religion and that Ireland would never do well without a Rebellion to extirpate the Remainder of the Natives and though Wagers were laid at the Assizes that within a Year no Catholick should be left in Ireland and though they saw the Irish Parliament unjustly incroach'd upon by the Acts and Orders of the Parliament of
even this was sent to the Lord Lieutenant and His Majesties Directions were prayed therein and the like was done by a Paper of Grievances sent by the Lord Mountgarret to the Earl of Ormand at the same time and in August 1642. the Remonstrants sent to the Earl of Ormond a Petition directed to His Majesty which accordingly the Lords Justices transmitted to him That the Lords Justices did endeavour to stop the spreading of the Rebellion and to reduce the Rebels to Obedience by fair means Viz. by their Proclamations of 23 d. of October and 1 st of November promising Mercy to all that should desist from force by imploying a Committee of Parliament to treat with them but they scornfully rejected the Message and contemptuously tore the Committees Letter and the Order of Parliament and by imploying Doctor Cale and some of their own Clergy to treat with them whom they likewise abused and by authorizing the Lord Moor and afterwards Sir Richard Barnwall and Patrick Barnwall to perswade them to Submission and by giving Commissions to the Lord Gormanstown and other of the Remonstrants but whilst they found Success they were deaf to all Perswasions and now that they are baffled they forge Causes of Complaint so that His Majesty is not misinformed nor the Remonstrants unjustly traduced nor misrepresented to the King To the first Article they say that it is too general and generally untrue that Popery is a New Religion midwived into the World by the Council of Trent which ended 1563 and therefore could not be professed by the Remonstrants nor their Ancestors for 1300 Years that the Irish were at first Protestants as Bishop Vsher hath proved at large and in Henry the Eight's Reign were averse to the Papal Usurpations and consented to Laws to suppress them and generally came to Church until 13 Eliz. some of them flew off upon the Bull of Piut V. and 30 Eliz. upon the Arrival of some Spaniards shipwrackt on the Coast of Ireland the Apostasie became more common however the Recâ—sancy of coming to Church was not general until about the middle of King James his Reign But however that be this is certain that the Papists were so far from being persecuted that all Laws against them were suspended and they enjoyed a Connivance little differing from a Toleration so that even their Ecclesiastical Heirarchy publickly executed their Functions and the Clergy swarmed to that Degree that Paul Harris wrote to Pope Vrban 8ht That it was as difficult to number the Friers in Dublin as to reckon the Frogs in the second Plague of Egypt That notwithstanding the Statute of 2 Eliz. there have been ten chief Judges successively and all the inferior Judges of Irish Birth and Education that the first English Judge that came over after that Statute was Sir Robert Gardiner 29 Eliz. That several Irish Papists had commands in the Queen's Army and were Governors of Counties as the Earl of Thomond Clanrickard c. And even now at the Time of the Insurrection Papists were admitted to be High Sheriffs of Counties Justices of Peace Magistrates of Corporations Marshals upon Occasion Councellors at Law Doctors of Physick Clerks Attornies and Sollicitors c. so that none go abroad but for their Improvement as the Gentry of all Countries do or to Seminaries to become Clergymen And these Popish Natives have had their share of His Majesties Favour in dispensing of Honour several of them having been made Lords Baronets and Knights and such as were capable of it by Conformity and Education were preferred in the Church and even those that were unfit for it and were Papists were nevertheless upon an external and partial Conformity only continued in their Spiritual Dignities by Queen Elizabeth notwithstanding the Statute of 2 Eliz. Their Nobility had all the respect and priviledge which good manners and the Law gives to their Quality and by the industry and improvements of their English Tenants lived more Regularly Plentifully and Gentilely than any of their Ancestors ever did or could and that the Popish Youth were never denied admittance into any Free-School nor into the University nor any Question made about their Religion only when they come to be Graduates they must then conform to the Laws of the Land and the Statutes of the Colledge and the Answerers think that the Remonstrants have small reason to complain whilst they enjoy those Liberties and Favours which are denied to the Popish Natives of England who though less in number are much superior to the Remonstrants in Quality Loyalty and Riches But if the Laws of the Land do exclude Recusants from Offices of Trust and Honour they ought to have patience till his Majesty shall think fit to consent to a Repeal of them nay if their Oppressions were without Law their proper Remedy were by Supplication and Petition to the King and not by Murther Rebellion and Depredation To the Second they say it is an aspersion on the King for the ill choice of his Officers and is so undutiful that no Person of Honour will appear in it it was devised by the Popish Clergy and the Jesuited Lawyers who are the Firebrands of these horrible Flames which have almost consumed the Kingdom and it is notoriously false for the chief Government hath been placed either in Men of Nobility or great Estate or in Men of great Merit and in a high Station none of which ever built their Fortune on the Ruine of the Kings Subjects but some of them have been undone by the unjust clamour of the Irish who never endure long any English Governor that endeavours their legal obedience to the Crown So that of One and Twenty chief Governours successively Thirty Privy Councellors Twelve chief Judges and several inferior Judges sent out of England since the Statute of 2 Eliz. not one of them left any Estate there nor were enriched by that Service and even the Earl of Strafford paid great Sums of Mony for what he bought there whereas such of the Natives of that Kingdom as were Judges have left great and visible estates whereby it will appear who built most upon the Ruines of the Natives That the Natives became suspected and odious in England not by any scandals cast upon them but by their degeneracy and frequent Rebellions whereby Ireland whilst managed by them was always in disorder and so poor that it was a continual charge to England whereas since the management of it by English the dependancy of the People is placed in the Crown Legal Properties are secured the Irish pernicious Customs abolished Civility introduced the Kingdom improved so that it was better able to give Ten Subsidies now than one in former times Trade and Commerce increased the Revenue advanced from 8000 to 85000 l. per Annum the Laws duly administred Religion propagated the Army maintained without oppressing the Subject and a Navy kept to guard the Coasts the People are grown Rich and Numerous the breed of Cattle bettered and
increased Usury reduced to Ten per Cent. which was formerly at Twenty and Thirty and every thing mended whereby it is manifest that the English spent their time in improving the Kingdom and not in building their Fortunes on the Ruines of the Catholickâ— nor in hatching Rebellions That the English were so far from malicious differences with the Irish that they endeavoured to unite with them and had done so if the Popish Clergy and Lawyers envying their happy condition had not sowed discord between them the former by publishing that the Protestants were Hereticks that it was meritorious to destroy them and that they would have immediate passage to Heaven that should dye in that action and that the Pope was of that opinion as appear'd by his Bull Appendix 15 which the Irish published even after the Cessation and the Lawyers by alledging Grievances which either were of no Importance or were redressed as fast as the Government possibly could and by declaring that men killed in Rebellion could not forfeit their Lands and by reflecting on the illegal Jurisdiction assumed by the Council Board which nevertheless those Lawyers promoted and encouraged for the advantage of their own Practice and to heap up matters of Complaint And after all there are less Grievances in Ireland than in most other Kingdoms of Europe and so their own Parliament declared Anno 1634. As to the Graces most of them have been performed to them only one Warrant of Assistance was granted to the Bishop of Down which was soon called in and the enrolling the Surrenders of Conaught and the grant of those Lands and Tenures were stopt for a time and the limitation of his Majesties Title to Sixty Years was not setled but Bills for these and some other of the Graces were sent to England and returned back approved and would have past the next Session if the Rebels had had patience And whereas it was one of the Graces that all distinctions between British and Irish should be abolished which was desired by the Protestants and Thirteen old Statutes against the Irish were Repealed to that Purpose yet it is manifest the Remonstrants desired no such thing for they have done their utmost to extirpate the Protestants and have thereby entailed an everlasting difference between both Nations And as to Traverses to Inquisitions they were admitted according to Law in particular Inquisitions but in general Inquisitions found for Plantations because the chief Governour and Council and the Kings Council and other chief Officers were present and the Jurors were always the Prime Men of each Territory and the Offices publickly found mostly by consent and all Parties fully heard and the Parties had neither Title nor evidence to countenance a Traverse nor could an indifferent Tryal easily be had in these Cases and for these Reasons Traverses were not admitted to these Grand Offices but upon cause shewn nor was any Jury Punished for not finding these Inquisitions except one in the County of Galway which was willful and obstinate against full evidence as their own Lawyers afterwards confess'd That the allegation that an Hundred and Fifty Patents were avoided in a Morning is a notorious untruth what was done was promoted by James Cusack one of the Kings Council and Clerk of the Commission for defective Titles now a Remonstrant the manner thus A Committee of some Judges and Kings Council were appointed to consider the Patents produc'd and the Patentees Council were heard and if they confessed the Patent void it was so declar'd if they contested it was referred to a Tryal at Law which being done to avoid needless trouble and charge was a favour and not a grievance and was done to Protestants as well as Papists and had been so formerly and in imitation of it the Remonstrants sent Queries to the Judges not long before the Insurrection and if they had half so much regard to the great Seal and the publick Faith as the Protestants have they would never have entred into this Unnatural and horrid Rebellion especially since this Grievance if it was one was by his Majesties orders redressed before the War broke out In the Third Article the Remonstrants unwittingly confess the goodness of his Majesty and his Father and how gracious both those Kings have been to them which should have obliged them to returns of duty and obedience but instead of that they return Complaints and without cause against the Kings best Officers and such as have done more good to the Kingdom of Ireland than the Remonstrants either offered or could do But their desperate hatred against Protestants in general ☞ and English Governors and Officers in particular is the cause of all this but if those Officers would have joyned with the Remonstrants in setting up Popeâ—y and diminishing his Majesties Prerogative then they should have had the good word of the Remonstrants In the mena time they can be charged with no particulars except that of detesting the Cruelty and Persidy of the Rebels and if the Ministers of State had been faulty what is that to the Innocent common People certainly the Robbery and Murther of them proceeded from a National Antipathy which is no new thing in Ireland but was often cruelly exercised even in and before the Reign of Edward the Third To the Fourth Article that it is untrue and the Remonstrants would have instanced particular cases if there were any to be found for the Decrees of the Court of Wards have been Regular and Just and the execution moderate above Two Hundred Wardships have been granted to Friends in trust for the Heirs to pay Debts support Younger Children c. and none were granted to Strangers but by his Majesties immediate Warrant except in some few Cases where the Party neglected or was obstinate and in all cases care hath been taken of the Evidences Marriage and Education of Wards And as for the Swarms of Officers complained of there are but Five Escheators and Eight Feodaries and Two Pursivants in the whole Kingdom and all of them Men of Judgment Moderation and Integrity so that the Remonstrants have not cause to complain of these things but their real grievances are that the Wards are bred Protestants and the Tanist hindred from intruding into the Estate and the great Lords deprived of their Dependancies and his Majesties Revenue duly Collected and their Licentious Appetites restrained To the Fifth Article they say that all that was given made his Majesty never the Richer for it was spent again upon themselves in defraying the publick charge of the Kingdom and particularly in paying the new Army which was mostly Papists however the Catholicks were so far from being the most forward in granting the Tax that it was first moved by the Protestants and mainly opposed by the Papists both in England and Ireland as his Majesty may remember and they paid it with Luctation and Clamour and never rested till in lieu of it they obtained more Graces from his Majesty than their
contribution was worth And the Subsidies were not only First proposed by the Protestants but would never have been consented to by the Papists if they had not found the number of the Protestant Members sufficient to out-vote them and therefore when several of the Protestants were absent with the new Army near Carrigfergus and upon several pretences excluded and Popish Members chosen in their Room so that the Popish Party was most numerous Then the Subsidies which before were One and Forty Thousand Pound apiece were by them reduced to Twelve Thousand Two Hundred Pound apiece whereby the forwardness they boast of sufficiently appears to be untrue And as to Proportion the Protestants besides what the Clergy contributed paid above a Third part of the whole and how it was disposed of appears by the Accounts of the Officers and very much contrary to what the Remonstrants have scandalously suggested And if they were as well devoted to the Crown as the Protestants are his Majesty would soon reap considerable profit out of so fruitful and Flourishing a Kingdom to be disposed of as he should think fit To the 6 th that there was an absolute necessity of Disbanding the new Army there being neither Victuals nor Mony left for them and the charge being too great upon the Kingdom as the Remonstrants declared in Parliament when they were moved to contribute towards it however the Lords Justices did not Disband them without his Majesties Warrant for it and they had also the Kings approbation when it was done And now the Reason is manifest why some of the Remonstrants who were engaged in the Conspiracy were so loath to have that Army disbanded viz. because they saw themselves disappointed of such a help and those Arms with a more full hand to execute their Bloody Design upon the Protestants wherein many of that Army concurred and for the same reason they opposed the Transportation of any of those Forces to Spain and the Priests disswaded the Soldiers from going else certainly they would not be backward to rid the Country of those loose Idle Men nor to assist a Catholick Prince of whom soon after they implored Aid against his Majesty But they had another use of those Soldiers in prospect and which is since executed on the Protestants to the full and their fiction that one of the Earl of Strafford's Servants had threatned to blow them up whereupon a Committee was appointed to search under the Parliament House for Powder was only a Trick to discover the Stores for when they found none there they continued their importunity to see where the Magazine was and were discontented at the denial As for the Chimera of bringing Ten Thousand Scots to force the Papists to change Religion and the Speech that Ireland would never be well without a Rebellion to the end the Natives might be Extirpated it is no wonder the Remonstrants whose thoughts were full of Extirpations which they have too fully effected should think the like designed by others but that it is incredible that the Persons named whose Estates are in Ireland and Families are setled there should disturb that Peace they have so long endeavoured to Establish or should desire a Rebellion which would be doubtfull in Success but certain in Desolation And in like manner ridiculous is the Story of Wagers the truth of which is that at the Sheriffs Table at Wexford Assizes a Protestant proposed to a Papist that he would give him Five Pounds and the other should give him Fifty Pounds for it if he did not come to Church within a Twelve Month whereat the Papist not understanding the Joke seemed surprized and protested he would not come to Church within that time why then says a Third Person you will lose the Fifty Pound for it is to be paid if you dont whereat the Jest was understood and it became matter of laughter there though it be one of the Grievances here pickt up to stuff this Remonstrance and one of the Grounds to justifie their bloody Rebellion The Position that Ireland if named is obliged by an English Parliament affects the Protestants as much as the Papists of that Kingdom however it ought to be decided by Arguments and not by Arms Nor should the Resolution of that Point be written in the Blood of so many murthered Innocents but how the Remonstrants should before their Rebellion have notice of any Intention or Protestation of the Parliament of England to introduce a Law for extirpation of Popery is very unaccountable because the Vote that did pass was subsequent to the Insurrections of the Irish and in Detestation of their inhuman Cruelties Nor in truth were the Irish afraid of any Hardships from the English who lived amongst them even with such kindness and confidence as hath proved fatal to the whole party And though now they pretend that the Priviledges of Parliament are violated by sending for a Sitting Member to answer an Impeachment in England yet when that Point was debated in the Case of Sir George Ratcliff who craved the Aid and Protection of the House then one of these Remonstrants could advise the House to take no notice of it lest any variance should arise between the two Parliaments but when the Protestant was sent over then indeed they instructed their Committee to sollice and settle that Point for the future To the seventh the readiness in His Majesty to hear their Grievances which they confess should have obliged them to Loyalty and Obedience to him and at least Neighbourlike Demeanour to his Subjects and not to scandalize His Majesty through his Ministers by false Accusations against them for the Lords Justices did neither hinder the going of the Irish Committee to England nor send any after them to cross or impede their Design nor in any Case misinform His Majesty But on the contrary when they received a Commission dated the 4 th of January 1640 to continue ptorogue or determine the Parliament as they thought fit they believing that the Parliament designed the general good of the Kingdom not only continued it but also gave it all the Countenance they could So that a Noble Peer moved in the Lord's House That it might be recorded to remain to Posterity That the Lords Justices had always ohearfully received their Requests and Messages and wers ready to comply with them and since the Remonstrants by His Majesties Order had view of all the Private Letters if they could have found any such misinformation as they complained of they would have instanced it to His Majesty and not give him Suppositions for Gertainties And as to the Power of Judicature of the House of Lords in Cases Capital His Majesty wrote to know whether there were any Presidents of it and the Lords Justices having consulted the Upper House returned a true Answer that none were to be found nor do the Remonstrants regard that Power but at that Juncture their party being prevalent they thought they had an Opportunity to get
any of them shall joyn with us in this Act following J. A. B. Do in the Presence of Almighty God and all the Angels and Saints in Heaven and by the Contents of this Bible promise vow swear and protest to bear Faith and true Allegiance to Our Soveraign Lord King Charles and the Heirs and Successors of His Body begotten and will defend Him and Them as far as I may with my Life Power and Estate against all Persons that shall attempt any thing against His or Their Persons Honours Estates or Dignities and that I will in exposing my Self Power and Estate joyn with the Irish Army or any other to recover His Royal Prerogatives forcibly wrested from him by the Puritans in the Houses of Parliament in England and to maintain the same against all others that shall directly or indirectly endeavour to suppress or do any Act contrary to real Government as also to maintain Episcopal Jurisdictions and the Lawfulness thereof in the Church-Power Priviledges of Prelates the lawful Rights and Priviledges of the Subjects and I will do no Act or thing directly or indictly to prejudice the Publick Exercise of the Roman Catholick Religion in any of His Majesties Dominions and that I will joyn with and be assisting to the Members in the Common-weal for Redresses to be had of the Grievances and Pressures thereof in such Manner and Form as shall be thought fit by a lawful Parliament and to my Power as far as I may ☜ I will oppose and bring to condign Punishment even to the loss of Life and Liberty and Estate all such as shall either by Force or Practice Councels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article clause or thing in this present Oath Vow and Protestatation contained and neither for Hope of Reward of Fear of Punishment nor any respect whatsoever shall relinquish this Oath and Protestation So help me God This Declaration and Oath was entred in the Counsel Book of Kilkeny and this a true Copy thereof Witness my Hand this Ninth of May 1644. Hierome Green Cler. Counsel Kilkeny Appendix XII The Protestation and Declaration of the Lords Spiritual and Temporal and Commons in Parliament Assembled against the Irish Rebellion the 17th of November 1641. WHereas the happy and peaceable Estate of this Realm hath been of late and is still interrupted by sundry Persons ill affected to the Peace and Tranquility thereof who contrary to their Duty and Loyalty to His Majesty and against the Laws of God and the fundamental Laws of this Realm have traiterously and rebelliously raised Arms seized upon His Majesties Forts and Castles and dispossessed many of his faithful Subjects of their Houses Lands and Goods and have slain many of them and committed other cruel and inhuman Outrages and Acts of Hostility within this Realm The said Lords and Commons in Parliament Assembled being justly moved with a right Sense of the said disloyal Rebellious Proceedings and Actions of the Peesons aforesaid do hereby protest and declare that the said Lords and Commons from their hearts do detest and abhor the said abominable Actions and that they shall and will to their utmost Power maitain the Rights of His Majesties Crown and Government of this Realm and the Peace and Safety thereof as well against the Persons aforesaid their Abbetters and Adherents as also against all foreign Princes Potentates and other Persons and Attempts whatsoever And in case the Persons aforesaid do not repent of their aforesad Actions and lay down Arms and become humble Suitors to His Majesty for Grace and Mercy in such convenient Time and in such manner and form as by His Majesty or the chief Governour or Governours and the Councel of this Realm shall be set down The said Lords and Commons do further protest and declare that they will take up Arms and will with their Lives and Fortunes suppress them and their Attempts in such a way as by the Authority of the Parliament of this Kingdom with the Approbation of his Excellent Majesty or of His Majesties chief Governour or Governours of this Kingdom shall be thought most effectual Appendix XIII His Majesties Proclamation against the Irish Rebellion By the KING WHeras divers lewd and wicked Persons have of late risen in Rebellion in our Kingdom of Ireland surprized divers of our Forts and Castles possessed themselves thereof surprized some of our Garrisons possessed themselves of some of our Magazines of Arms and Ammunition dispossessed many of our good and loyal Subjects of the British Nation and Protestants of their Houses and Lands robbed and spoiled many Thousands of our good Subjects of the British Nation and Protestants of their Goods to great values Massacred multitudes to them imprisoned many others and some who have the Honour to serve us as Privy Councellors of that our Kingdom We therefore having taken the same into our Royal consideration and abhorring the wicked Disloyalty and horrible Acts committed by those Persons do hereby not only declare our just Indignation thereof but also do declare them and their Adherents and Abettors and all those who shall hereafter joyn with them or commit the like Acts on any of our good Subjects in that Kingdom to be Rebels and Traitors against our Royal Person and Enemies to our Royal Crown of England and Ireland And we do hereby strictly charge and command all those Persons who have so presumed to rise in Arms against us and our Royal Authority which we cannot otherwise interpret than Acts of high Rebellion and detestable Disloyalty when therein they spoil and destroy our good and loyal Subjects of the British Nation and Protestants that they immediately lay down their Arms and forbear all further Acts of Hostility wherein if they fail we do let them know that we have authorized our Justices of Ireland and other our chief Governour or Governours and General or Lieutenant-General of our Army there and do hereby accordingly require and authorize them and every of them to prosecute the said Rebels and Traitors with Fire and Sword as Persons who by their high Disloyalty against us their lawful and undoubted King and Sovereign have made themselves unworthy of any Mercy or Favour whereinour said Justices or other Governour or Governours and General or Lieutenant-General of our said Army shall be countenanced and supported by us and by our powerful Succours of our good Subjects of England and Scotland that so they may reduce to Obedience those wicked Disturbers of that Peace which by the Blessing of God that Kingdom hath so long and so happily enjoyed under the Government of our Royal Father and Us. And this our Royal Pleasure We do hereby require our Justices or other chief Governour or Governours of that our Kingdom of Ireland to cause to be published and proclaimed in and throughout our said Kingdom of Ireland Given under our Signet at our Palace of Westminster the First Day of January in the 17 th Year of
our Reign 1641. Appendix XIV The Oath of Association taken by the Irish Rebels The Preamble WHereas the Roman Catholicks of this Kingdom have been inforced to take Arms for the necessary Defence and Preservation as well of their Religion plotted and by many foul Practices endeavoured to be quite supprest by the Puritan Faction as likewise their Lives Esttates and Liberties as also for the Defence and Safeguard of His Majesties regal Power just Prerogatives Honour State and Rights invaded upon and for that it is requisite that there should be an unanimous Consent and real Union between ALL the Catholicks of this Realm to maintain the Premises and strengthen them against their Adversaries It is thought fit by them that they and whosoever shall adhere unto their Party as a Confederate should for the better Assurance of their adhering Fidelity and Constancy to the Publick Cause take the ensuing Oath The Oath of Association J. A. B. do profess swear and protest before God and his Saints and his Angels that I will during my Life bear true Faith and Allegiance to my Sovereign Lord Charles by the Grace of God King of Great Britain France and Ireland and to his Heirs and lawful Successors and that I will to my Power during my Life defend uphold maintain all his and their just Prerogatives Estates and Rights the Power and Priviledges of the Parliament of this Realm the fundamental Laws of Ireland the free Exercise of the Roman Catholick Faith and Religion throughout this Land and the Lives just Liberties Possessions Estates and Rights of all those that have taken or shall take this Oath and perform the Contents thereof and that I will obey and ratifie all the Orders and Decrees made and to be made by the Supream Council of the Confederate Catholicks of this Kingdom concerning the said publick Cause and that I will not seek directly or indirectly any Pardon or Protection for any Act done or to be done touching this general Cause without the Consent of the Major part of the said Council and that I will not directly or indirectly do any Act or Acts that shall prejudice the said Cause but will to the hazard of my Life and Estate assist prosecute and maintain the same Moreover I do further swear that I will not accept of or submit unto any Peace made or to be made with the said confederate Catholicks without the Consent and Approbation of the General Assembly of the said confederate Catholicks And for the preservation and strengthening of the Association and Union of the Kingdom that upon any Peace or Accommodation to be made or concluded with the said confederate Catholicks as aforesaid I will to the utmost of my Power insist upon und maintain the ensuing Propositions until a Peace as aforesaid be made and the matters to be agreed upon in the Articles of Peace be established and secured by Parliament So help me God The Propositions mentioned in the aforesaid Oath 1. THAT the Roman Catholicks both Clergy and Laity to their several Capacities have free and publick Exercise of the Roman Catholick Religion and Function throughout the Kingdom in as full Lustre and Splendor as it was in the Reign of King Henry the Seventh or any other Catholick Kings his Predecessors Kings of England and Lords of Ireland either in Ireland or England 2. That the secular Clergy of Ireland viz. Primates Arch-Bishops Bishops Ordinaries Deans Deans and Chapters Arch-Deacons Prebendaries and other Dignitaries Parsons Vicars and all other Pastors of the Secular Clergy and their respective Successors shall have and enjoy all and all Manner of Jurisdictions Priviledges Immunities in as full and ample Manner as the Roman Catholicks Secular Clergy had or enjoyed the same within this Realm at any Time during the Reign of the Late Henry the Seventh Sometimes King of England and Lord of Ireland Any Law Declaration of Law Statute Power and Authority whatsoever to the contrary notwithstanding 3. That all Laws and Statutes made since the Twentieth Year of King Henry the Eighth whereby any Restraint Penalty Mulct Incapacity or Restriction whatsoever is or may be laid upon any of the Roman Catholicks either of the Clergy or of the Laity for such the said free Exercise of the Roman Catholick Religion within this Kingdom and of their several Functions Jurisdictions and Priviledges may be repealed revoked and declared void by one or more Acts of Parliament to be passed therein 4. That all Primates Archbishops Bishops Ordinaries Deans Deans and Chapters Archdeacons Chancellors Treasurers Chaunters Provosts Wardens of Collegiate Churches Prebendaries and other Dignitaries Parsons Vicars and other Pastors of the Roman Catholick Secular Clergy and their respective Successors shall have hold and enjoy all the Churches and Church-Livings in as large and ample Manner as the late Protestant Clergy respectively enjoyed the same on the First Day of October in the Year of our Lord 1641 Together with all the Profits Emoluments Perquisites Liberties and the Rights to their respective Sees and Churches belonging as well in all places now in the Possession of the Confederate Catholicks as also in all other places that shall be recovered by the said Confederate Cathollcks from the adverse party within this Kingdom saving to the Roman Catholick Laity their Rights according to the Laws of the Land Appendix XV. The Pope's Bull to the Irish HAving taken into our serious consideration the great Zeal of the Irish towards the propagating of the Catholick Faith and the Piety of the Catholick Warriers in the several Armies of that Kingdom which was for that singular fervency in the true worship of God and notable care had formerly in the like case by the Inhabitants thereof for the maintenance and preservation of the same Orthodox Faith called of old the Land of Saints and having got certain notice how in imitation of their Godly and Worthy Ancestors they endeavour by force of Arms to deliver their thralled Nation from the Oppressions and Grievous Injuries of the Hereticks wherewith this long time it hath been afflicted and heavily burthened and gallantly do what in them lieth to extirpate and totally root out those workers of Iniquity who in the Kingdom of Ireland had infected and always striven to infect the Mass of Catholick Purity with the pestiferous Leaven of their Heretical contagion We therefore being willing to cherish them with the gift of those Spiritual graces whereof by God we are ordained the only disposers on Earth by the mercy of the same Almighty God trusting in the Authority of the Blessed Apostles Peter and Paul and by vertue of that power of binding and loosing of Souls which God was pleased without our deserving to confer upon us To all and every one of the faithful Christians in the aforesaid Kingdom of Ireland now and for the time Militating against the Hereticks and other Enemies of the Catholick Faith they being truly and sincerely penitent after Confession and the Spiritual refreshing of themselves with
doing us Justice nor indeed will any Man in the Country since my Lord of Muskery's departure own a Power of doing right to us But by their diversity of Governments and uncertainty of Governours the Parties Injured are posted from place to place and put to circular and formal courses of Petitioning and Prosecuting by the delay and discouragement whereof they incline rather to sit down with an Injury sustained than to pursue a reparation more grievous in obtaining than the wrong it being in many places unsafe to Travel in their Quarters for any cause whatsoever a Servant of my own being assaulted and attempted to be Murdered in Imokilly for going about my occasions Twelfthly That in November last at a Meeting which I procured in Cappaquin betwixt my Lord of Muskery and John Welsh on their part and other Commissioners on Ours my self being present sundry of these particulars were debated and several of them as the First Second and Fifth sufficiently cleared and evidenced to be injurious to us and that at that time they promised to send unto me within Eight or Ten days such positive orders for redress in those manifest particulars as we could reasonably expect and that in those which were then left doubtful and disputable I should receive the answer of their Supream Council And in all matters besides Commissioners should be assigned to meet with ours within Eight or Nine days to redress all Grievances and to determine all differences But from thenceforth I could never receive any performance of that promise or other satisfaction but having importuned them thereunto I received answer from one of them That more weighty business would not give admission to mine whilst in the interim they keep all things in difference within their own possession and so think it less necessary to descend to any determination By means whereof and of their willful withholding of those Rights whereout I should have raised some reasonable support for His Majesties Forces here more especially by their deteiner of the Three Houndred Pounds worth of Cattle ordered unto me by your Lordship they have driven me to so great Streights and Exigencies that of Nine Hundred Men which I had ready a few Weeks since to send unto his Majesty there remained not Two Hundred to be sent away on Munday last with the Shipping the rest being dispresed through meer want Besides which disadvantage to His Majesties Service the many Injuries Insolencies and Pressures obtruded and Multiplied daily on the poor English doth beget so many heavy clamours and complaints such disencouragements anguish and vexation of Spirit as makes the wretched Souls weary of their Lives and me of the sad and perplexed condition whereunto I am put by having these insufferable and insupportble affronts and difficulties to struggle with whence I implore some immediate rescue suitable to the nature they are of c. Appendix XVIII The Declaration of the Parliament against the Cessation AS it is evident to all the World that this late horrid Rebellion of the Papists in Ireland did without any colour or pretext of Provocation professedly and boldly aim at the destruction of the Protestant Religion the rejecting of the Laws of England and the Extirpation of the British Inhabitants out of that Kingdom So it is no less manifest that this Parliament of England to whom his Majesty hath left the managing of the War against those Rebels hath taken the Troubles of Ireland to heart with that resentment and compassion as may evidence their Zeal to Religion their Love to their Distressed Country-men and Brethren there in these times when the like Jesuitical Practices have cast England into woful Distractions and Unnatural War notwithstanding which the Reducing of Ireland hath still been a chief part of the care of this Parliament and God hath been pleased to bless our endeavours with such success as that those furious Blood-thirsty Papists have been stopped in the carier of their cruelty some part of the Protestant Blood which at first was spilt like Water upon the Ground hath been revenged their Massacres Burnings and Famishings have by a Divine retaliation been repaid into their Bosom and the Protestant Party hath been erected to that condition of Strength and Hope that their Enemies are constrained distrusting their Forces to have recourse to their Craft and Policies and therefore by their subtil Agents at Court and their active Instruments elsewhere have been endeavouring now of a long time to make our Armies in Ireland disaffected to the Parliament what by occasion of their wants not so readily supplyed as their need required what by amusing them with these unhappy differences fallen in here between King and People labouring by that means to divide those Forces into Factions to the end the main work they have in hand might be neglected which is the Prosecuting the War against the Rebels so far brought low in some parts of Ireland that if they can be deprived of the benefit of this Harvest they are not likely to see the next Summer And therefore the Rebels finding that notwithstanding the Distractions here occasioning the slowneâ—s and scarceness of Supplies yet they themselves are in a far worse condition being in a want of most things necessary not only for the maintaining of a War but even of Life the Judgment of God being remarkable upon them in this that as their Bloody and Treacherous Religion made them inhumanely cruel in shedding the Protestants Blood so now the Famine amongst many of them hath made them unnaturally and Canibal-like ☜ Eat and Feed one upon another Therefore that they may have time to expect from their Friends abroad new Supplies both of Victuals and Ammunition and may without molestation reap the Fruit of this Harvest they have laboured a Treaty for a Cessation which Project of theirs doth no less aim at the overthrow of the remainder of the Protestants in that Kingdom than their treacherous taking of Arms at first did intend the destruction of them all for their Cessation and Hostility their War and Peace ☜ are alike to be esteemed of and with those that neither in Peace nor War keep any Faith it is best to be in perpetual Defiance Therefore the Lords and Commons in Parliament assembled according to the continued care of that Kingdom of Ireland do in a special manner take into their consideration the condition thereof upon this occasion of an intended Cessation and so much the rather because it is feared that the Protestant Forces through want of Provisions for their Armies may at last if not relieved be perswaded to admit of this course in hope thereby to procure some means for their subsisting as also because there is too much ground to suspect that if this Cessation should be agreed unto they might have opportunity to joyn with the Popish Party here for their greater strengthning And though it were to have no influence upon this Kingdom yet the evil consequences of it are so
many and pernicious to Ireland that this Parliament should betray the trust reposed in them if they did not declare against this Cessation and use all means in time to make it abortive and therefore they desire that it may be observed and taken notice of First From whence the Counsel and Design of this Cessation ariseth even from the Rebels and Papists themselves for their own Preservation for soon after they had missed of their intent to make themselves absolute Masters of that Kingdom of Ireland by their treacherous Surprises and seeing that this Kingdom did with most Christian and Generous Resolutions undertake the Charges of the War for the Relief and Recovery of Ireland Propositions were brought over from the Rebels by the Lords Dillon and Tafe at which time they were intercepted and restrained by the Order of the House of Commons after that they had the boldness even while their Hands were still imbrued in the Protestants Blood to petition his Majesty that their demands might be heard And for this purpose they obtained a Commission to be sent over into Ireland to divers Persons of Qality whereof some were Papists to Hear Receive and Transmit to his Majesty their Demands which was done accordingly and one Master Burk a Notorious Pragmatick Irish Papist was the chief Sollicitor in this business After this the Just Revenging God giving daily success to handfuls of the Protestant Forces against their great numbers so that by a wonderful Blessing from Heaven they were in most parts put to the worst Then did they begin to set on Foot an Overture for a Cessation of Arms concerning which what going and coming hath been between the Court and the Rebels is very well known and what Meetings and Treatties have been held about it in Ireland by Warrant of his Majesties Ample Commission sent to that effect and what Reception and Countenance most Pragmatical Papists negotiating the business have found at Court and that those of the State in Dublin who had so much Religion and Honesty as to disswade the Cessation were first discountenanced and at last put out of their Places and restrained to Prison as Sir William Parsons One of the Lords Justices there Sir John Temple Master of the Rolls Sir Adam Loftus Vice-Treasurer of Ireland and Treasurer at Wars and Sir Robert Meredith one also of the Council Table Secondly The Lords and Commons desire it may be observed that during all these Passages and Negotiations the Houses of Parliament were never acquainted by the State of Ireland with the Treaty of a Cessation much less was their Advice or Counsel demanded notwithstanding that the care and managing of the War was devolved on them both by Act of Parliament and by his Majesties Commission under the Great Seal to Advise Order and Dispose of all things concerning the Government and Defence of that Kingdom But the wants of the Army were often represented and complained of whereby with much craft a ground was preparing for the Pretext wherewith now they would cover the Counsels of this Cessation as if nothing had drawn it on but the extream Wants of their Armies whereas it is evident that the Reports of such a Treaty have been in a great part the cause of their wants for thereby the Adventurers were disheartened Contributions were stopped and by the admittance to Court of the Negotiators of this Cessation their wicked Councels have had that influence as to procure the Intercepting of much Provisions which were sent for Ireland so that Ships going for Ireland with Victuals and others coming from thence with Commodities to exchange for Victuals have been taken not only by Dunkirkers having his Majesties Warrant but also by English Ships commanded by Sir John Pennington under his Majesty And moreover the Parliament Messengers sent into several Counties with the Ordinance of January last for Loans and Contributions have been taken and imprisoned their Money taken from them and not one Peny either Loan or Contribution hath been suffered to be sent for for Ireland from these Counties which were under the power of the Kings Army while in the mean time the Houses of Parliament by their Ordinances Declarations and Solicitations to the City of London and the Counties free from the terror of the Kings Forces were still procuring not contemptible Aid and Relief for the distresses of Ireland Thirdly As the Lords and Commons have reason to declare against this Plot and Design of a Cessation of Arms as being treated and carryed on without their Advice so also because of the great prejudice which will thereby redound to the Protestant Religion and the encouragement and advancement which it will give to the practice of Popery when these Rebellious Papists shall by this agreement continue and set up with more freedom their Idolatrous Worship their Popish Superstitions and Romish Abominations in all the places of their Command to the dishonouring of God the grieving of all true Protestant Hearts the disposing of the Laws of the Crown of England and to the provoking of the wrath of a Jealous God as if both Kingdoms not smarted enough already for this sin of too much conniving at and tolerating of Antichristian Idolatry under pretext of Civil Contracts and Politick Agreements Fourthly In the Fourth place they desire it may be observed that this Cessation will prove dishonourable to the Publick Faith of this Kingdom it will elude and make null the Acts and Ordinances of Parliament made for the forfeiting of the Rebels Lands at the passing of which Acts it was represented that such a course would drive the Rebels to Despair and it proves so but otherways than was meant for despairing of their Force and Courage they go about to overcome us with their Craft Fifthly and Lastly What shall become of the many Poor Exiled Protestants turned out of their Estates by this Rebellion who must now continue begging their Bread while the Rebels shall enjoy their Lands and Houses And who shall secure the rest of the Protestants that either by their own Courage Industry and great Charges have kept their Possessions or by the success of our Armies have been restored Can there be any assurance gotten from a Perfidious Enemy of a Cossation from Treachery and breach of Agreement when they shall see a fit time and opportunity These and many other considerations being well weighed it will appear evidently that this Design of a Cessacion is a deep Plot laid by the Rebels and really invented for their own Safety and falsly pretended to be for the benefit of the Armies And whereas the Lords and Commons have no certain Information that the Treaty is concluded but are informed by several Letters that all the Protestants as well Inhabitants as Soldiers in that Kingdom are resolved to withstand that proceeding and to adventure on the greatest extremities rather than have any sort of peace with that generation who have so cruelly in time of Peace Murdered many Thousands of our Countreymen
and laboured to Extirpate the Protestant Religion from amongst them so they do believe that these Rumours of a Cessation were first contrived by the Enemies of our Religion and Peace and by their Practices The Treaty was carryed on with much Subtilty and Solicitation thereby to stop the sending of Supplies from thence to our Armies and for the cooling of the affections of those who have already shewed their zeal to the Weal of Ireland and therefore the only means to defeat this their Policy and prevent the Evils intended by it is to settle a course whereby the Armies of Ireland may be at least Fenced against Hunger and Cold For which prupose it is desired that all those who are well affected to the Protestant Religion either in this or that Kingdom and all those who by their Adventures already made have embarked their particular Interests with the Publick of that Kingdom and to desire a good return of their engagements would joyn their endeavours for obviating of that necessity which may be made a strong Argument to inforce a Destructive Cessation of Arms and that they would not through too much suspition of it forbear the providing of Supplies and so occasion that inconvenience which they ought by all means to prevent for by so doing they will lose all their former Pains and Charges and the witholding of Provisions now will gain credit to that Calumny laid against this Kingdom of neglecting the Armies of Ireland and by the continuing of Supplies these Forces will be encouraged to continue the War and so Crown both their Work and ours And lastly the Rebels seeing assistance against them still flowing from hence must needs be out of hope of Prosecuting or Concluding this their Design The cry of much Protestant Blood the great indigency of many Ruined Families the danger of our Religion almost exiled out of that Kingdom calls for this last Act of Piety Charity Justice and Policy from us which being resolved on Letters are to be dispatched to the several parts of that Kingdom to encourage the Commanders and Soldiers upon the aforesaid Reasons and Assurances that they may not hearken to such an unjust and deceitful Counsel and as by their prosecuting of the War through Gods Blessing they have successfully resisted the Rebels cruelty so they may upon this occasion beware they be not over-reached by their craft All which the Lords and Commons do earnestly desire may be seriously taken to heart by all the Kingdom and that from those other encouragements mentioned at large in the Ordinance of the 14 th of July last and such as now are offered a Course may be taken whereby such a constant Weekly Contribution may be setled as will supply to the Armies in Ireland the meer necessities of Nature which may be more punctually and seasonably transmitted unto the several parts of that Kingdom according to their respective Wants that so the benefit and honour of so Pious a work happily begun and successfully hitherto carryed on may not be lost when so little remains to be done and that the saving ☞ of a Kingdom the re-establishing of so many Protestant Churches the re-possessing of so many Thousand Christians into their Estates may not be deserted and let fall to the ground for a little more pains and cost Appendix XIX A Proclamation of the Governour of the County of Fermanagh against Commerce with the Protestants of Iniskilling Com. Fermanagh FOrasmuch as the daily Resort and Concourse of Catholicks since the Cessation into English Garrisons might bring a great deal of Inconveniency unto our Proceedings I do therefore hereby by vertue of the Lord Generals Authority given me in that behalf and especially to avoid the imminent Peril that hereafter might arise thereof straightly charge and command all manner of Persons of what rank Quality or condition soever they be of the Irish Nation of this County not to Visit Confer Talk or Parly to or with any Person or Persons of in or belonging to the Garrison of Iniskilling upon pain of Death and of Forfeiting all the Goods and Chattels belonging to every such Offender or Offenders and likewise that none of the Inhabitants of this County on the West-side of Loghern Live Dwell or Inhabit any nearer to Iniskillng than the River of Arny until further directions be given to the contrary upon pain of the aforesaid Forfeiture and Penaly Dated the Five and Twentieth Day of November 1643. Rory Maguire Appendix XX. The Armies Remonstrance the 4th of April 1643. 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 fallen out so contrary to our expectations that instead of being rewarded we have been prejudiced 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 Preservation 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 Appendix XXI The Humble Propositions of your Majesties Protestant Agents of Ireland in pursuance of the Humble Petition of your Majesties Protestant Subjects as well Commanders of your Majesties Army there as others presented to your Majesty the Eighteenth Day of April 1644 and answered by your Majesty the Five and Twentieth of the same 1. WE most humbly desire the Establishment of the true Protestant Religion in Ireland according to the Laws and Statutes in the said Kingdom now in force 2. That the Popish Titular Archbishops ☜ Bishops Jesuits Fryers and Priests and all others of the Roman Clergy be banished out of Ireland because they have been the Stirrers up of all Rebellion and while they continue there there can be no hope of safety for your Majesties
Protestant Subjects And that all the Laws and Statutes established in that Kingdom against Popery and Popish Recusants may continue of Force and be put in due Execution 3. That Restitution be made of all our Churches and Church Rights and Revenues and all our Churches and Chappels re-edified and put in as good Estate as they were at the breaking out of the Rebellion and as they ought to be at the charge of the Confederate Roman-Catholicks as they call themselves who have been the occasion of rhe Deftruction of the said Churches and possessed themselves of the Profits and Revenues thereof 4. That the Parliament now sitting in Ireland may be continued there for the better settlement of the Kingdom and that all Persons duly Indicted in the said Kingdom of Treason Felony or other Heinous Crimes may be duly and legally Proceeded against Outlawed Tryed and Adjudged according to Law and that all Persons lawfully Convicted and Attainted or to be Convicted and Attainted for the same may receive due Punishment accordingly 5. That no man may take upon him or execute the Office of a Mayor or Magistrate in any Corporation or the Office of a Sheriff or Justice of Peace in any City or County in the said Kingdom until he have first taken the Oaths of Supremacy and Allegiance 6. That all Popish Lawyers who refuse to take the Oath of Supremacy and Allegiance may be Suppressed and Restrained from Practice in that Kingdom the rather because the Lawyers in England do not here practise until they take the Oath of Supremacy and it hath been found by Woful Experience that the Advice of Popish Lawyers to the People of Ireland hath been a great cause of their continued disobedience 7. That there may be a present absolute Suppression and Dissolution of all the Assumed Arbitrary and Tyrannical Power which the said Consederates exercise over your Majesties Subjects both in Causes Ecclesiastical and Temporal 8. That all the Arms and Ammunition of the said Confederates be speedily brought into your Majesties Stores 9. That your Majesties Protestant Subjects Ruined and Destroyed by the said Confederates may be Repaired for their great Losses out of the Estates of the said Confederates not formerly by any Acts of this present Parliament in England otherwise disposed of whereby they may the better be enabled to re-inhabit and defend the said Kingdom of Ireland 10. That the said Confederates may Rebuild the several Plantation-Houses and Castles Destroyed by them in Ireland in as good state as they were at the breaking out of the Rebellion which your Majesties Protestant Subjects have been bound by their several Patents to Build and Maintain for your Majesties Service 11. That the great Arrears of Rent due to your Majesty out of the Estates of your Majesties Protestant Subjects at and since Michaelmas 1641 may be paid unto your Majesty by such of the Consederates who have either received the said Rents to the uses of the said Confederates or destroyed the same by disabling your Majesties Protestant Subjects to pay the same and have also destroy'd all or the most part of all other Rents or means of support belonging to your said Protestant Subjects And that your said Protestant Subjects may be discharged of all such Arrears of Rents to your Majesty 12. That the said Confederates may give satisfaction to the Army for the great Arrears due unto them since the Rebellion and that such Commanders as have raised Forces at their own charges and laid forth great Sums of Money out of their own Purses and engaged themselves for Money and Provisions to keep themselves their Holds and Soldiers under their Commands in the due necessary defence of your Majesties Rights and Laws may be in due sort satisfied to the encouragement of others in like times and cases which may happen 13 That touching such parts of the Confederate Estates as being forfeited for their Treasons are come or shall duly come into your Majesties Hands and Possession by that Title your Majesty after the due satisfaction first made to such as claim by former Acts of Parliament would be pleased to take the same into your own Hands and Possession And for the necessary encrease of your Majesties Revenue and better security of the said Kingdom of Ireland and the Protestant Subjects living under your Gracious Government there to plant the same with British and Protestants upon reasonable and honourable Terms 14. That one good Walled Town may be Built and kept Repaired in every County of the said Kingdom of Ireland and Endowed and Furnished with necessary and sufficient means of Legal and Just Government and Defence for the better security of your Majesties Laws and Rights more especially the true Protestant Religion in time of danger in any of which Towns no Papist may be permitted to Dwell or Inhabit 15. That for the better satisfaction of Justice and your Majesties Honour and for the future Security of the said Kingdom and your Majesties Protestant Subjects there exemplary Punishment according to Law may be inflicted upon such as have there Traiterously Levied War and taken up Arms against your Majesties Protestant Subjects and Laws and therein against your Majesty especially upon such as have had their hands in the shedding of Innocent Blood or had to do with the First Plot or Conspiracy or since that time have done any notorious Murder or Overt Act of Treason 16. That all your Majesties Towns Forts and places of Strength destroyed by the said Confederates since the said Rebellion may be by them and at their Charges Re-edified and delivered up into your Majesties hands to be duly put into the Government under your Majesty and your Laws of your good Protestants and that all Strengths and Fortifications made and set up by the said Confederates since the said Rebellion may be slighted and thrown down or else delivered up and disposed of for Protestant Government and Security as aforesaid 17. That according to the Presidents of former times in cases of general Rebellions in Ireland the Attainders which have been duly had by Outlawry for Treason done in this Rebellion may be established and confirmed by Act of Parliament to be in due form of Law transmitted and passed in Ireland and that such Traitors as for want of Protestant and indifferent Jurors to Indict them in the proper County are not yet Indictd not Convicted or Attainted by Outlary or otherwise may upon due proof of their Offences be by like Acts of Parliament Convicted and Attainted and all such Offenders forfeit their Estates as to Law appertaineth and your Majesty to be adjudged and put in possession without any Office or Inquisition to be had 18. That your Majesties Protestant Subjects may be restored to the quiet Possession of all their Castles Houses Mannors Lands Tenements Hereditaments and Leases and to the quiet possession of the Rents thereof as they had the same before and at the time of the breaking forth of this Rebellion and from whence
inconveniencies the Supremacy of Rome and take away or much endanger your Majesties supream and just Authority in Causes Ecclesiastical Administration of Honour and Power not to be endured the said Acts extending as well to seditious Sectaries as to Popish Recusants so as by the Repeal thereof any Man may seem to be left to chuse his own Religion in that Kingdom which must needs beget great Confusion and the abounding of the Roman Clergy hath been one of the greatest Occasions of this late Rebellion Besides it is humbly desired that your Majesty will be pleased to take into your gracious Consideration a Clause in the Act of Parliament passed by your Majesties Royal Assent in England in the 17 th year of your Reign touching Punishments to be inflicted upon those that shall introduce the Authority of the See of Rome in any Cause whatsoever 2. Prop. That your Majesty will be pleased to call a free Parliament in the said Kingdom to be held and continued as in the said Remonstrance is expressed and the Statute of the Tenth Year of King Henry the Seventh called Poyning'â— Acts explaining or enlarging the same be suspended during that Parliament for the speedy Settlement of the present Affairs and the Repeal thereof to be there further considered of Answ Whereas their desire to have a free Parliament called reflecteth by secret and cunning Implication upon your Majesties present Parliament in Ireland as if it were not a free Parliament We humbly beseech your Majesty to represent how dangerous it is to make such insinuation or intimation to your People of that Kingdom touching that Parliament wherein several Acts of Parliament have already past the validity whereof may be endangered if the Parliament should not be approved as a free Parliament and it is a point of high Nature as we humbly conceive is not properly to be discussed but in Parliament and your Majesties said Parliament now sitting is a free Parliament in Law holden before a Person of Honour and Fortune in the Kingdom composed of good loyal and well-affected Subjects to your Majesty who doubtless will be ready to comply in all things that shall appear to be pious and just for the good of the true Protestant Religion and for your Majesties Service and the good of the Church and State that if this present Parliament should be dissolved it would be a great Terror and Discontent to all your Majesties Protestant Subjects of the Kingdom and may be also a means to force many of your Majesties Subjects to quit that Kingdom or peradventure to adhere to some other party there in opposition of the Romish Irish Confederates rather than to be liable to their Power which effects may prove of most dangerous Consequence And we humbly offer to your Majesties Consideration your own gracious Expression mentioned in the Grounds and Motives inducing your Majesty to agree to a Cessation of Arms for one whole Year with the Roman Catholicks of Ireland Printed at Oxford the Ninteenth of October 1643. And let all our good Subjects be assured that as we have for these reasons and with Caution and Deliberation consented to the Proposition to peace and to that purpose do continue our Parliament there so we shall proceed in the accomplishing thereof with that Care and Circumspection that we shall not admit even Peace it self otherwise than it may be agreeable to Conscience Honour and Justice We also humbly desire that such Laws as your Majesty shall think fit to pass may be transmitted according to Poyning's Law and other Laws of Explanation thereof or of Addition thereunto now in force with great Contentment and Security to your Majesties Protestant Subjects but if the present Parliament be dissolved we humbly represent unto your Majesty that so many of your ablest and best Protestant Subjects have been murthered or banished by this Rebellion that few or no Protestant Freeholders will be found in the Countries Cities or Boroughs to elect and chuse Knights Citizens or Burgesses which will be most dangerous to your Majesties Rights and Prerogatives and good Subjects and may beget great disputes in After-times for the repealings of Poyning's Acts notwithstanding their seigned Expressions of their Loyalty yet it plainly appeareth they do not repose such Trust in your Majesties Justice as becomes Loyal Subjects to do and such they pretend themselves to be for that they seek thereby to prevent your Majesty and your Council of England and Ireland of so full a View and Time of Mature Consideration to be had of Acts of Parliament of Ireland before they pass as in prudence is requisite and hath been found necessary by the Experience of well near Two Hundred Years and if their intentions were so clear as they profess we know not why they should avoid the strictest View and Trial of your Majesty and your Councils of both Kingdoms this their desire tending to introduce a grand Diminution to the royal and necessary Power for the Conservation of your regal State and Protection of your good Protestant Subjects there and elsewhere and what special use they aim at in seeking such a repeal your Protestant Subjects as they know not the particular so can they conjecture of none unless the said Confederates have some design by way of surprize to obtrude upon your Majesty in their new desired Parliament some Acts of Justification of their ill-done Actions and for condemning such of your Protestant Subjects as have in their several Degrees most faithfully served your Majesty there which we the rather believe seeing they have vowed by their Oath of Association and the Bull lately published in Ireland since the Cessation the Destruction of the Protestants there when they have the Sword in their hands to put the same in Execution 3. Prop. That all Acts and Ordinances made and passed in the now pretended Parliament in that Kingdom since the Seventh Day of August 1641. be clearly annulled and declared void and taken off the File Answ We humbly desire that they particularize those Orders and Ordinances which may prejudice your Majesties Service for we are well assured that the Parliament now sitting in Ireland on Signification of your Majesties Pleasure therein will give your Majesty full satisfaction or repeal any unjust Orders or Ordinances whatsoever which may be prejudicial to your Majesty And there may be some Orders or Ordinances which may concern particular Persons in their Lives Liberties or Fortunes that may suffer unheard by the admitting of so general a Proposition which is meerly proposed as we humbly conceive to put a Scorn upon your Majesties Parliament now sitting there and to discourage your Protestant Subjects who have faithfully served your Majesty in that Parliament 4. Prop. That all Indictments Attainders Outlawries in the King's-Bench or elsewhere since the said Seventh Day of August 1641. and all Letters Patents Grants Leases Custodiums Bonds Recognizances and all other Records Act or Acts depending thereon or in prejudice of the said Catholicks
or any of them be taken off the File annulled and declared void First by your Majesties Proclamation and after by Act to be passed in the said free Parliament Answ This we conceive to be a very bold Proposition not warranted as we also conceive by any Example and tending to introduce an ill President in After-times for that was never seen that the Records were taken off the File but where there was some Corruption or Fraud or some illegal or unjust Carriage used concerning the procuring or making up of such Records and the same first we 'll proved upon due Examination and that may not only conceal but in some sort seem to justify their abominable Treasons Murders Cruelties Massacres and Plunders acted against your Majesties Person Crown and Dignity upon the Persons of your Majesties most Loyal Protestant Subjects in that Kingdom and encourage the Papists to do the like again besides the discouragement it may beget in your Majesties Officers and Subjects to do their duties in the like Insurrections which may happen hereafter which also may prove very prejudicial to your Majesties Rights and Revenues if the Records to support the forfeitures wherein many of them are or may be grounded should be taken off the File and Cancelled 5. Prop. That inasmuch as under colour of such Outlawries and Attainders Debts due unto the said Catholicks have been Granted Levyed and disposed of and of the other side that Debts due upon the said Catholicks to those of the adverse Party have been levyed and disposed of to publick use that therefore all Debts be by Act of Parliament mutually released or all to stand in Statu quo notwithstanding any Grant or Dispossession Answ We humbly conceive that in time of Peace and most setled Government when the course of Law and Justice is most open and best observed that Debts due unto the Crown actually levyed and paid in to your Majesties use ought not to be restored though the Records of the Forfeitures should be legally reversed which is far from the present Case and this Proposition tendeth to cross that just right of your Majesty and to make the disposition by the Confederate Papist Rebels of Debts due to Protestants and by the said Rebels by Fraud and Force levied and disposed in maintenance of their Rebellion which cunningly they call by the name of Publick use to be in equal degree to the debts owing by the Rebels and by them all forfeited and many of them by Law duly levyed which is a most unequal and unjust thing and the said Proposition cannot nor doth make offer to have the Pope's Confederates cut off from the debts due to them which they have justly forfeited but only for a colour of consideration to have the Protestants lose such Debts justly due to them as have been unjustly taken from them who have done no Act at all to forfeit them 6. Prop. That the late Officers taken or found upon feigned or old Titles since the Year 1634 to intitle your Majesty to several Counties in Connaught Thomond the County of Tipperary Limrick Killkenny and Wicklow be vacated and taken off the File and the Possessors thereof setled and secure in their antient Estates by Act of Parliament and that the like Act of Limitation of your Majesties Titles for the security of the Estates of your Subjects in that Kingdom be passed in that Parliament as was enacted in the One and Twentieth Year of his late Majesties Reign in this Kingdom Answ We know not of any Offices found or feigned Titles nor what the Confederates may demand in respect of any Graces promised by your Majesty which we intend not nor have any occasion to dispute but do humbly conceive that all those who have committed Treason in the late Rebellion subsequent to your Majesties Promise of those Graces have thereby forfeited the benefit thereof together with the Lands to which the said Graces might else have related and so their whole Estates are now justly fallen to your Majesty by their Rebellion which we conceive is of great importance for your Majesties Service to be taken into consideration As First with regard of the Statutes made in the present Parliament of England Secondly that necessary increase of your Majesties Revenue decayed by the present Rebellion Thirdly the abolishing the evil Customs of the Irish and preservation of Religion Laws and Government there Fourthly the satisfaction of the Protestant Subjects losses in some measure Pifthly the Arrears of your Majesties Army and other debts contracted for the War and for preservation of that Kingdom to your Majesty Sixthly the bringing in of more British on the Plantation Seventhly the building of some walled Towns in remote and desolate places for the Security of that Kingdom and your Majesties good Subjects there Eighthly the taking of the Natives from their former dependency on their Chieftains who usurped an absolute Power over them to the diminution of all Regal power and to the oppression of the Inferiors 7. Prop. That all Marks of Incapacity imposed upon the Natives of that Kingdom to purchase or acquire Lands Leases Offices or Hereditaments be taken away by Act of Parliament and the same to extend to the securing of Purchases Leases or Grants already made and that for the Education of Youth an Act be passed in the next Parliament for the erecting of one or more Inns of Court Vniversities Free and Common-Schools Answ This we conceive concerneth some of the late Plantations and no other part of that Kingdom and that the restriction herein mentioned is found to be of great use especially for the indifferency of Trials Strength of the Government and for Trade and Traffick and we humbly conceive that if other Plantations shall not proceed for the setling and securing of the Kingdom and that if no restraint be made of Popish purchasing or buylng of the Protestants out of their former Plantations where they were prudently setled though now cast out of their Estates by the late Rebellion and unable to plant the same again for want of means and therefore probably upon easie Terms will part from their Estates to the Confederates that those Plantations will be destroyed to the great prejudice of your Majesties Service and endangering of the Safety of that Kingdom Touching bearing of Offices we humbly conceive that their now Conformity to the Laws and Statutes of that Realm is the only Mark of Incapacity imposed upon them We humbly conceive that we ought not to expect to be more capable there than the Englssh Natives are here in England In like manner for Schools in Ireland there are divers setled in that Kingdom already by the Laws and Statutes of that Realm if any Person well affected shall erect and endow any more Schools there at their own Charges so that the School-masters and Scholars may be governed according to Laws Customs and Orders of England and the rest of Free-Schools here we cannot apprehend any just exception thereunto But
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 truly 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 foreign 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 Cambridge where they might as cheeply be bred up and become as Learned which course I 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 agreable 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 of Learning are to be laid a degenerate Corruption in Religion and Justice may happily 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 than 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. Prop. That the Offices and Places of Command Honour Profit and Trust within that Kingdom be conferred upon Roman Catholick 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 have here and not otherwise howbeit we conceive that in the generality they have 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 than they have by the Laws and Statutes now in force in that Kingdom 9. Prop. 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 setled for that if that standeth with your Majesties good Pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Prop. That no Lord not estated in the Kingdom or estated and not resident shall have vote in the said Parliament by proxy 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 than 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 lose 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 setled 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. Prop. 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. Prop. 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 extrajudicially 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 always exercised Jurisdiction 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 examine upon Oath as a Court of Justice or in the Nature of a Court of Justice in Cases of some Nature 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 Father's 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 refer that to your Majesties great Wisdom and Goodness to do therein as to Law and Justice shall appertain 13. Prop. That the Statutes of the Eleventh Twelfth and Thirteenth Years of Queen Elizabeth concerning the Staple Commodities be repealed reserving to His Majesty lawful and just Poundage and a Book of Rates be setled by an indifferent Committee of both Houses for all Commodities Answ The matter of this Proposition is setled 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 refer our selves 14. Prop. That insomuch as the long continuance of the chief Governor or Governors of that Kingdom in that place of so great Eminency and Power hath been a principal 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 disanual such Governor or Governors during their Government directly or indirectly in Vse Trust or otherwise to make any manner of Purchase or Acquisition of any Mannors Lands Tenements or Hereditaments within that Kingdom other than 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 turn 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 that in all likelyhood he shall not live to come to that place the second time which we humbly conceive will be a great Discouragement to any Person of Honour and Fortune to serve your Majesty in that high Trust And for their purchasing Lands in that Kingdom your Majesty may be pleased to leave them to the Laws and punish them severely if they commit any Offence or exercise any Oppressions under Colour of purchasing of any Lands or Estates whatsoever 15. Prop. That an Act may be passed in the next Parliament for the raising and setling of Trained Bands within the several Counties of that Kingdom as well to prevent foreign Invasion as to render them the more serviceable and ready for your Majesties Service as Cause shall require Answ The having of Train-Bands in Ireland for the present cannot under favour be for your Majesties Service or the Safety of that Kingdom for that the Protestants by the said sad Effects of the late Rebellion are so much destroyed that the said Bands must consist in effect altogether of the Confederates Catholicks and to continue them in Arms stored with Ammunition and made ready for Service by Mustering and often Training will prove under Colour of advancing your Majesties Service against foreign Invasions a meer Guard and Power of the Popish Confederates and by force of Arms according to their late Oaths and Protestations to execute all their cruel Designs for extirpation of the Protestant Religion and English Government both of which they MORTALLY HATE however in cunning they dissemble it and to prevent the setling an Army of good Protestants without which your Majesties good Subjects cannot live securely there 16. Prop. That an Act of Oblivion be passed in the next free Parliament to extend to all your Majesties said Catholick Subjects and their Adherents for all manner of Offences Capital Criminal and Personal and the said Act to extend to all Goods and Chattels Customs Mesne Profits Prizes Arrears of Rent taken received or incurred since these Troubles Answ We humbly pray that the Laws of force be taken into consideration and do humbly conceive that your Majesty in Honour and Justice may forbear to discharge or release any Actions Suits Debts or Interests whereby your Majesties Protestant Subjects who have committed to Offence against your Majesty or your Laws shall be barred or deprived of any of their legal Remedies or just Demands which by any of your Majesties Laws and Statutes they may have against the Popish Confederates who are the only Delinquents or any of their party for or in respect of any Wrongs done unto them or any of their Ancestors or Predecessors in or concerning their Lands Goods or Estates since the contriving or breaking forth of the Rebellion the said Confederates having without provocation shed so much innocent Blood and acted so many Cruelties as cannot be parallelled in any Story And we conceive it to be high presumption in them upon so weak Grounds to propound an Act of Oblivion in such general Terms some of the Comederates having been Contrives or Actors of such cruel Murthers ☞ and other Acts of Inhumanity as cry to God and your Sacred Majesty for Justice and they having of your Majesties Revenues Customs Subsidies and other Rights of your Crown in their hands are disbursed by them to the Value of Two Hundred Thousand Pounds and more 17. Prop. For as much as your Majesties said Catholick Subjects have been taxed with many inhuman Cruelties which they never committed your Majesties said Suppliants therefore for their Vindication and to manifest to all the World their desire to have all such hainous Offenders punished and the Offenders brought to Justice do desire that in the next Parliament all notorious Murthers Breaches of Quarter and inhuman Cruelties committed of either Side may be questioned in the said Parliament if your Majesty think fit and such as shall appear to be guilty to be excepted out of the said Act of Oblivion and punished according to their Deserts Answ We conceive this Proposition is made but for a flourish
and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed ☞ and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges For as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament that they will be able and doubtless will clear all the Popish Party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected demands of the Confederates we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Counsellors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observationsâ— and experience of the aâ—aâ—rs and state of Ireland are better ablâ— to give your Majesty morâ— full and satisfactory answers touching the premises than we can and conceiving that the Collection in answer to the said Confederates Remonstrance which we humbly presented to your Majesty the Seventeenth of the last Month of April may in many things give your Majesty more light than these our answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite Append. XXIV Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General Governour of his Majesties Kingdom of Ireland for and on the behalf of His most Excellent Majesty of the one part And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part 1. IT is concluded accorded and agreed upon by his Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholick Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy and that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba I A. B. do truly acknowledge confess testify and declare in my conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or their Crown or Dignity and do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors or to the Lord Deputy or other Governour for the time being all Treasons or Trayterout Conspiracies which I shall know or hear to be intended against his Majesty or any of them and I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman-Catholick happen to be promoted presented or advanced to any Ecclesiastical Promotion Dignity or Benifice according to the form now used in the Protestant Church of Ireland that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick Or if any being a Protestant be advanced promoted or presented to any Ecclesiastical Benefice Dignity or Promotion shall afterwards happen to become a Roman-Catholick that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said Benefice Dignity or Promotion according to the said Statue and it is further concluded accorded and agreed by and between the said Parties that for all matters concerning the first Proposition of the said Catholicks viz. That all Acts made against the Professors of the Roman-Catholick Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland may be Repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion That His Majesties said Roman-Catholick Subjects be referred to His Majesties gracious Favour and further Concessions and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects or any of them from the benefit of His Majesties further Graces and Concessions and that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman-Catholick Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholick Subjects to be accordingly drawn into Bills and transmitted according to the usual manner to be afterwards passed as Acts in the said Parliament 2. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution here or
whereupon those Grants are founded are to be handled as matters of State and be Heard and Determined by the Lord Lieutenant or other chief Governor or Governors for the time being and the Council publickly at the Council Board and not otherwise but Titles between Party and Party grown after these Patents granted are to be left to the ordinary course of Law and that the Council Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of Possessions of Lands nor make nor use private Orders Hearings or References concerning any such matter nor grant any Injunction or Order for stay of any Suits in any Civil Cause and that parties Grieved for or by reason of any proceedings formerly had there may commence their Suits and prosecute the same in any of His Majesties Courts of Justice or Equity for remedy of their pretended Rights without any restraint or interruption from His Majesty or otherwise by the chief Governor or Governors and Council of this Kingdom 13. It is further Concluded Granted and Agreed by and between the said Parties and His Majesty is further graciously Pleased that as for and concerning one Statue made in this Kingdom in the Eleventh year of the Reign of Queen Elizabeth intituled An Act for staying of Wooll Flocks Tallow and other necessaries within this Realm And one other Statue made in the said Kingdom in the Twelfth year of the said Queen intituled An Act And one other Statute made in the said Kingdom in the Thirteenth year of the Reign of the said late Queen intituled An explanation of the Act made in a Session of this Parliament for staying of Wooll Flocks Tallow and other Warts and Commodities mentioned in the said Act and certain Articles added to the same Act all concerning Staple or Native Commodities of this Kingdom shall be Repealed excepting for Wooll and Wooll Fells and that such indifferent Persons as shall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be Authorized by Commission under the great Seal to Moderate and Ascertain the Rates of Merchandize to be Exported or Importedout of or into this Kingdom as they shall think fit 14. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that care be had that the chief Governor or Governors of this Kingdom for the time being shall not continue in those Places longer than he shall find for the good of his People here and that they shall be Inhibited to make any Purchase other than by Lease for Provision of their Houses during the time of their Government 15. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Oblivion shall be Passed in the next Parliament to extend unto all His Majesty's Subjects of this Kingdom and their Adherents of all Treasons and Offences Capital Criminal and Personal and other Offences of what Nature Kind or Quality soever in such manner as if such Treasons or Offences had never been Committed Perpetrated or Done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers and Assigns of such of the said Subjects and their Adherents who died on or since the 23 th of October 1641. That the said Act do relate to the First Day of the next Parliament That the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Burroughs Counties Baronies Hundreds Towns Villages Tythings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesty's said Subjects or their Adherents or any of them in or since the 23 d. of October 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesty's said Subjects or their Adherents or any of them That in this Act of Oblivion Words of Release Aquittal and Discharge be Inserted That no Person or Persons Bodies Politick or Corporate Counties Cities Burroughs Baronies Hundreds Towns Villages Tythings or any of them within this Kingdom included within the said Act be Troubled Impeached Sued Inquieted or Molested for or by reason of any Offence Matter or Thing whatsoever comprized within the said Act and the said Act shall extend to all Rents Goods and Chattels Taken Detained or grown Due to the Subjects of the one side to the other since the 23 d. of October 1641. to the Date of these Articles and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were Due or did or should Accrue to his Majesty on before or since the 23 d. of October 1641. until the perfection of these Articles and likewise to all Mesne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to His Majesty since the said 23 d. of October and before until this present for by reason or which lay within the Survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to Discharge or Remit any of the Kings Debts or Subsides Due before the said 23 d. of October 1641. which were then or before Levyed or Taken by Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to Publick use of the said Roman Catholick Subjects but that such Persons may be brought to account for the same after full settlement in Parliament and not before provided that such Barbarous and inhuman Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them as to the Actors and Procurers thereof be left to be Tried and Adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them and that the Power of the said Commissioners shall continue only for Two Years next ensuing the Date of these present Articles Provided also that the Commissioners to be Agreed on for Tryal of the said particular Crimes to be Excepted shall Hear Order and Determine all cases of Trust where Relief may or ought in Equity to be afforded against all manner of Persons according to the Equity and Circumstances of every such Case And His Majesty's Chief Governor or Governors and other Governors and Magistrates for the time being and all His Majesty's Courts of Justice and other His Majesty's Officers of what Condition or Quality soever be Bound and Required to
take notice of and pursue the said Act of Oblivion without Pleading or Suit to be made for the same And that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precepts for concerning or by reason of any Matter Cause or Thing whatsoever Released Forgiven Discharged or to be Forgiven by the said Act under pain of Twenty pound Sterling And that no Sheriff or other Officers do Execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences Released or Forgiven or mentioned to be Forgiven by this Act And that all other causes usually inserted in Acts of General Pardon or Oblivion enlarging His Majesty's Grace and Mercy not herein particularized be inserted and comprized in the said Act when the Bill shall be drawn up with the Exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend unto any Treason Felony or other Offence or Offences which shall be committed or done from or after the Date of these Articles until the First day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in persuance of these Articles or any of them after the Publication of the said Articles or any Act or Acts which shall be done by Vertue Colour or Pretence of the Power or Authority used or exercised by and amongst the confederate Roman Catholicks after the Date of these Articles and before the said Publication shall not be Accounted Taken Construed or be Treason Felony or other Offence to be excepted out of the said Act of Oblivion Provided likewise that the said Act of Oblivion shall not extend unto any Person or Persons that will not Obey and Submit unto the Peace Concluded and Argeed on by these Articles 16. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy or other Chief Governor Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the four Courts be Farmours of His Majesty's Customs within this Kingdom 17. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Parliament Pass in this Kingdom against Monopolies such as was Enacted in England 21. Jacobi Regis with a further clause of Repealing all Grants of Monopolies in this Kingdom and that Commissioners be Agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them to set down the Rates for the Custom or Imposition to be laid on Aquavite Wine Oyl Yarn and Tobacco 18. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that such Persons asshall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Seal to Regulate the Court of Castle-Chamber and such causes as shall be brough into and censured in the said Court 19. It is further Concluded Accorded and Agreed by and between the said Parties and his Majesty is further graciously pleased that two Acts lately Passed in this Kingdom prohibiting the Plowing with Horses by the tail and the other prohibiting the burning of Oats in the Straw be Repealed 20. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdom 21. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased forasmuch as upon application of Agents from this Kingdom unto His Majesty in the Fourth Year of his Reign and lately upon humble Suit made unto His Majesty by a Committee of both Houses of the Parliament of this Kingdom Order was given by His Majesty for redress of several Grievances and for so many of those as are not expressed in these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesty 's said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties Service that the warning mentioned the 21 st Article of the Graces in the Fourth Year of His Majesties Reign be so understood that the Warning being left at the Persons dwelling Houses be held sufficient Warning and that as to the 22 d. Article of the said Graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid Answer as concerns Warning and Process shall be omitted 22. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that Maritime causes may be determined in this Kingdom without driving of Merchants or others to Appeal and seek Justice elsewhere and if it shall fall out that there be cause of an Appeal the Party grieved is to Appeal to His Majesty in the Chancery of Ireland and the Sentence thereupon to be given by the Delegates to be Definitive and not to be questioned upon any further Appeal except it be in the Parliament of this Kingdom if the Parliament shall then be Sitting otherwise not This to be by Act of Parliament 23. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom is graciously pleased to Assent that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earl of Straffords Government This to be by Act of Parliament 24. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that by Act to be Passed in the next Parliament all the arrears of Interest of Mony which did accrew or grow due by way Debt Mortgage or otherwise and yet not satisfied since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released And that for and during the space of Three Years next ensuing no more shall be taken for Use or Interest or Mony than Five Pounds percent and in all Cases of Equity arising
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
Great Britain France and Ireland c. for the Treating and Concluding of a Peace in the said Kingdom with His Majesties Humble and Loyal Subjects the Confederate and Roman Catholicks of the said Kingdom of Ireland of the one part and the Right Honourable Donnogh Lord Viscount Muskerry and others Commissioners Deputed and Authorized by the said Confederate Roman Catholick Subjects of the other part and thereupon many Difficulties did arise by occasion whereof sundry matters of great weight and consequence necessarily requisite to be condescended unto by His Majesties said Commissioners for the safety of the said Confederate Roman Catholicks were not hitherto agreed upon which retarded and doth as yet retard the Conclusion of a firm Peace and Settlement in the said Kingdom And whereas the Right Honourable Edward Earl of Glamorgan is intrusted and authorized by His most Excellent Majesty to grant and assure to the said Confederate Catholick Subjects further Grace and Favours which the said Lord Lieutenant did not as yet in that Latitude as they expected grant unto them and the said Earl having seriously considered of all matters and due Cirouâ—istances of the great Affairs now in agitation which is the peace and quiet of the said Kingdom and the importance thereof in order to His Majesties Service and in relation to a Peace and Settlement in His other Kingdoms and here upon the place having seen the Ardent desire of the said Catholicks to assist His Majesty against all that do or shall oppress His Royal Right or Monarchick Government and having discerned the Alacrity and Cheerfulness of the said Catholicks to embrace Honourable conditions of Peace which may preserve their Religion and other just Interests In pursuance therefore of His Majesties Authority under His Highness Signature Royal and Signes bearing Date at Oxon the Twelfth Day of March in the twentieth Year of His Reign Granted unto the said Earl of Glamorgan the Tenure whereof is as followeth Viz. Charles Rex Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To our trusty and right welbeloved Cosen Edward Earl of Glamorgan greeting We reposing great and especial Trust and Confidence in your approved wisdom and fidelity Do by these as firmly as under Our Great Seal to all intents and purposes Authorise and give you Power to treat and conclude with the Confederate Roman Catholicks in Our Kingdom of Ireland if upon necessity any thing be to be condescended unto wherein our Lieutenant cannot so well be seen in as not fit for Vs at the present publickly to own Therefore We charge you to proceed according to this our Warrant with all possible secrecy and for whatsoever you shall engage your self upon such valuable considerations as you in your judgment shall deem fit We promise on the word of a King and a Christian to ratifie and perform the same that shall be granted by you and under your Hand and Seal the said Confederate Catholicks having by their Supplies testified their Zeal to Our Service and this shall be in each particular to you a sufficient Warrant Given at Our Court at Oxford under Our Signet and Royal Signature the 12 th day of March in the 20 th year of Our Reign 1644. To our right trusty and right well-beloved Cosen Edward Earl of Glamorgan It is therefore granted accorded and agreed by and between the said Earl of Glamorgan for and on the behalf of His most Excellent Majesty His Heirs and Successors on the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the said Confederate Catholicks the said Donogh Lord Viscount Muskerry Alexander mac Donnel and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Geffery Brown Esquires Commissioners in that behalf appointed by the said Confederate Roman Catholick Subject of Ireland for and on the behalf of the said Confederate Roman Catholick Subjects of the other part in manner and form following that is to say 1. IT is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Professors of the Roman Catholick Religion in the Kingdom of Ireland of whatever estate degree or quality soever he or they be or shall be shall for ever more hereafter have and enjoy within the said Kingdom the free and publick use and exercise of the said Roman Catholick Religion and of their respectives function therein 2. It is granted accorded and agreed by the said Earl for and on the behalf of His Majesty His Heirs and Successors That the said Professors of the Roman Catholick Religion shall hold and enjoy all and every the Churches by them enjoyed within this Kingdom or by them possessed at any time since the Twenty Third of October 1641 and all other Churches in the said Kingdom other than such as are now actually enjoyed by His Majesties Protestant Subjects 3. It is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Roman Catholick Subjects of Ireland of what estate condition degree or quality soever shall be free and exempted from the Jurisdiction of the Protestant Clergy and every of them and that the Roman Catholick Clergy of this Kingdom shall not be punished troubled or molested for the exercise of their Jurisdiction over their respective Catholick Flocks in matters Spiritual and Ecclesiastical 4. It is further granted accorded and agreed by the said Earl for and on the behalf of His most Excellent Majesty His Heirs and Successors that an Act shall be passed in the next Parliament to be holden in this Kingdom the tenour and purport whereof shall be as followeth Viz. An Act for the Relief of His Majesties Catholick Subjects of His Highnesses Kingdom of Ireland Whereas by an Act made in Parliament held in Dublin the Second Year of the Reign of the late Queen Elizabeth Intituled An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all Foreign Power repugnant to the same And by one other Statue made in the said last mentioned Parliament Intituled An Act for the Vniformity of Common-Prayer and Service in the Church and the Administration of the Sacrament Sundry Mulcts Penalties Restraints and Incapacities are and have been laid upon the Professors of the Roman Catholick Religion in this Kingdom in for and concerning the use profession and exercise of their Religion and their Function therein to the great prejudice trouble and disquiet of the Roman Catholicks in their Liberties and Estates and a general disturbance of the whole Kingdom For remedy whereof and for the better setling increase and continuance of the Peace Unity and Tranquility of this Kingdom of Ireland His Majesty at the humble suit and request of the Lords and Commons
without looking after the Lord Marquess of Clanrickard for Advice or Consent and in effect if the number to be put into Garrisons be not so ascertained ☜ that it may master the rest there from the Protestant Party it is but to offer our Men to the Slaughter and expose our selves to what conditions they please our Army abroad being thereby diminished and the Party put into Garrison subject to be removed at the pleasure of him that shall command in chief As to the Fourth whether the Catholick Lord General be of the Catholick Union or faithful to the same and what Commands to be conferred on our Generals or Commanders or upon which of them or for what time to continue or to what chief Garrisons they shall be drawn or in what number or how long they shall continue there are wholly uncertain and all the particulars are alterable and subject to the Will and Pleasure of the Chief Governor for the time being The Fifth only is matter of Security and mends not the conditions granted if the same were obtained as is propounded and if our Union were dissolved by any agreement before performance what means is left us to expect or obtain performance And certainly where the Lord Marquess of Clanrickard grounds all he doth in this on his own undertaking without Warrant from his Majesty we cannot prudently suppose having no other Grounds for it but his Majesty will disavow it when he did disavow the undertaking of the Earl of Glamorgan to the Confederate Cathotholicks made more solemnly to the Persons wherewith the Government was entrusted and who had thus far an advantage beyond the Marquess of Clanrickard that his Lordships the Earl of Glamorgans Concessions were grounded on his Majesties known authority under his Seal Manual and attested with his Royal Signature whereas the Marquess of Clanrickard goeth only on his own undertaking As to the Sixth it containeth no certain command or order which may in future be had from his Majesty and being a certain contingency needeth no Answer As to the Seventh concerning his Lordships undertaking to sollicite for redress to be had in the next Parliament therein we find no manner of assurance for all those who unjustly lost their Estates in Ireland other than that the Lord Marquess of Clanrickard will Petition sollicite perswade and use his best endeavours whereof no man is Judge but himself and the event and engagement uncertain and the Act of Oblivion being only by that instrument of engagement to extend to those that shall joyn therein and which engagement is now suddenly expected to be concluded there all others of the Nation that are absent who cannot joyn therein so suddenly and are not privy are left open to the danger of the extremities of the Law both for their Lives and Estate And lastly we conclude that the General Assemby now at hand is the only means left to conclude a certain stable Peace in this Kingdom and no private or particular undertaking of any Subject unqualified with any appearing authority besides the former inducements to satisfy you you ought seriously to consider that the Earl of Glamorgans Concessions grounded on his Majesties authority and read in the General Assembly held in Lent last and on which they wholly relyed will by these propositions if accepted be absolutely waved contrary to the intention of the whole Kingdom which we desire may be seriously reflected on amongst the rest those Concessions by many degrees being more valuable and grounded on clearer authority than the offerings or undertakings now made John Baptista Archiepiscopus Firmanus Nuncius Apostolicus Jo. Clonfert Emer Clogherensis Louthe Fr. Pa. Plunket Alexander Mac Dnonel N. Plunket Robert Lynch Piers Butler Appen XXXVI A Declaration of the General Assembly against the Peace of 1646. THis Assembly having met to consider of the great affairs of the Kingdom and for the settlement thereof have seen and perused a Decree Dated the 12 of August 1646 made and published by the Congregation of the Clergy then convened at Waterford by which the Peace contained in Thirty Articles past betwixt the Lord Marquess of Ormond Lord Lieutenant of Ireland on his Majesties behalf and certain Commissioners intrusted by the Confederate Catholicks of Ireland was declared unsafe and under penalty of Censure not to be accepted or adhered unto by the said Confederate Catholicks and protested against as not containing security for the free exercise of the Catholick Religion and having likewise at large heard what the said Commissioners the late Supream Council and Committe of Instructions produced from the grounds they proceeded on do find as to that part which concerneth Religion the said Commissioners Council and Committee did not rely only on the said Thirty Articles but also on certain other Articles perâ—ected and agreed on between the said Commissioners of the one part and the Right Honourable the Earl of Glamorgan on the other part by Authority from his Majesty to the said Earl which Authority ensueth in haec verba and so recites it verbatim Which Articles contain so advantagious Concessions for matters of Religion together with such other strong motives and encouragements upon which the said Commissioners Council and Committee resolved to insist and upon breach thereof to call an Assembly and resume their former Power as by an Order of this House and other Orders of the Council did appear unto this Assembly as did induce the said Commissioners and Committee to conclude the said Peace though by reason of many Accidents happened since the said Agreement which were offered in the debate of this Cause in the House the said Agreement with the Earl of Glamorgan was and is held unsecured to be relied on for the free exercise of the Catholick Religion by the said Confederate Catholicks This Assembly therefore most humbly acknowledging his Majesties gracious and favourable intentions expressed in many particulars of the said Articles and Agreements yet forasmuch as the said Confederate Catholicks are not satisfied or secured by the said Peace in their Religion Lives Estates or Liberties therefore and for many other Important Reasons and Weighty Considerations the said General Assembly may not accept of nor submit unto the said Peace and do hereby protest against it and do declare the same Invalid and of no Force to all intents and purposes And do farther declare that this Nation will not accept of any Peace not containing sufficient and satisfactory security for their Religion Estates Lives and Liberties of the said Confederate Catholicks And this Assembly do likewise declare that the said Council Committee of Instructions and Commissioners of the Treaty have faithfully and sincerely carried and demeaned themselves in their said Negotiation pursuant and according to the trust reposed in them and gave thereof a due acceptable account to this Assembly Given at Kilkenny the Second of February 1646. Ex. per Phillip Carny Cl. Gen. Concil Hiberniae Appen XXXVII The Marquess of Clanrickard's Letter to Sir Luke
Titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Counsel-Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suits in any civil cause and that parties grieved for or by reason of any proceedings formerly had there may commence their suits and prosecute the same in any of his Majesties Courts of Justice or Equity for Remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the chief Governour or Governours and Council of this Kingdom and that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructious and that they shall contain themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietness as they be not necessarily enforced to exceed the same 14. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdom in the eleventh year of the Reign of Queen Elizabeth intituled led an Act for staying of Wool Flocks Tallow and other necessaries within this Realm and another Statute made in the said Kingdom in the twelfth year of the Reign of the said Queen intituled an Act c. And one other Statute made in the said Kingdom in the 13 year of the Reign of the said late Queen intituled an Exemplanation of the Act made in a Session of this Parliament for the staying of Wool Flocks Tallow and other wares and commodities mentioned in the said Act and certain Articles added to the same Act all concerning staple or native Commodities of this Kingdom shall be repealed if it shall be so thought fit in the Parliament excepting for Wool and Woolfels and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon Esq c. or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdom as they shall think fit 15. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdom pretending to have suffered by Offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdom in or since the first of King James his Reign or by Attainders or Forfeitures or by pretence and colour thereof since the said first year of King James or by other Acts depending on the said Offices attainders and forfeitures may petition his Majesty in Parliament for relief and redress and if after examination it shall appear to his Majesty the said persons or any of them have been injured then his Majesty will prescribe a course to repair the person or persons so suffering according to Justice and Honour 16. Item It is further concluded accorded and agreed upon by and between tht said parties and his Majesty is graciously pleased that as to the particular Cases of Maurice Lord Viscount de Rupe and Fermoy c. they may petition his Majesty in the next Parliament whereupon his Majesty will take such consideration of them as shall be just and fit 17. Item It is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Cork Towns of Youghal and Dungarven shall be forthwith upon perfection of these Articles restored to their respective possessions and estates in the said City and Towns respectively where the same extends not to the endangering of the said Garrisons in the said City and Towns In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annual Rent for the same until settlement in Parliament ☞ at which time they shall be restored to those their possessions And it is further agreed and his Majesty is graciously pleased That the said Citizens Free-men Burgesses and Inhabitants of the said City of Cork and Towns of Youghal and Dungarven respectively shall be enabled in convenient time before the next Parliament to be hold in this Kingdom to chuse and return Burgesses into the same Parliament 18. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of Oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their Adherents of all Treasons and Offences capital criminal and personal and other Offences of what nature kind or quality soever in such manner as if those Treasons or Offences had never been committed perpertrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers or Assigns of such of the said Subjects and their Adherents who died on before or since the 23d of Octob. 1641. That the said Act do relate to the first day of the next Parliament that the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Boroughs Counties Baronies Hundreds Towns Villages Tithings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesties said Subjects or their Adherents or any of them before in or since the 23d of Octob. 1641. Provided this Act shall not extend to be construed to pardon any Offence or Offences for which any person or persons have been convicted or attainted of Record at any time before the 23d of Octob. in the year of our Lord 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of release acquittal and discharge be inserted that no person or persons Bodies politick or Corporate Counties Cities Burroughs Baronnies Hundreds Towns Villages Tithings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprised within the said Act and the said Act shall extend to all Rents Goods and Chattels taken detained or grown due to the Subjects of the one party from the other
directions which shall issue to any such County for the applotting subdividing and levying of the said publick Assessements some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to levy the arrears of all excises and other publick taxes imposed by the Confederate Roman Catholicks and yet unpaid and to call Receivers and other Accomptants of all former taxes and all publick dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon c. or any seven or more of them for letting setting and improving the Estates of all such person or persons as shall adhere to any party opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them and to be disposed of and the said Frigots to be imployed for his Majesties service and the publick use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and part of the Counties now within the Quarters and only upon the Estates of the said Confederate Roman Catholicks all such sum and sums of mony as shall appear to the said Thomas Lord Viscount Dillon c. or any seven or more of them to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the conconclusion of these Artieles and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the Arrears of all former applotments Taxes and other publick dues yet unpaid and that the said Thomas Lord Viscount Dillon c. or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon c. or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make several and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon c. or any seven or more of them be delivered unto his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon c. or any seven or more of therâ—s shall have power to call the Councel and Congregation and the respective supream Councels and Commissioners General appointed hitherto from time to time by the said Confederate Roman Catholicks to manage their publick affairs and all other persons accountable to an account for all their Receipts and Disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that for the preservation of the peace and tranquility of the Kingdom the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer Assises and Goal Delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goal delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past and to be qualified with power to hear and determine all civil causes coming before them not exceeding ten pounds Provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any person or persons for any Shipping Cattle or Goods heretofore taken by either party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman Catholick party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit to the end that speedy and equal Justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall swear that as Justice of the Peace Oyer and Terminer Assizes and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed You shall do equal right to the Poor and to the Rich after your Cunning and Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Councel of any quarrel hanging before you and the Issues Fines and Amercements which shall happen to be made and all
Delinquency or Free quarter or any other Forces than those continued in the establishment and none to have command but in one capacity and to serve in the head of that Command otherwise not to be in Command And in the said establishment considering the necessity the Kingdom is reduced unto the Burthen of general Officers or other burthens that may be spared or not found necessary to be put by and the Kingdom at present eased thereof IV. That on the composure of that Army and on Garrisoning of places necessary to be Garrisoned exact wariness be used that none against whom just exception may be taken or who by any probability considering all circumstances cannot be so well confided in as others of this Nation be either of the number whereof those established Forces shall consist or be put or continued in Garrison V. That several places are Garrison'd without the consent or concurrence of the Commissioners of Trust It is proposed that the Forces placed in such Garrisons be forthwith removed and withdrawn and not Garrison'd but by consent of the Commissioners of Trust and that none be placed in such Garrisons but such as the Commissioners of Trust will consent to be placed therein And for particular instance of this grievance the Castle of Clare Clonraud Ballingary and Bunratty are instanced and what else are of that nature the Commissioners of Trust are to represent and instance forthwith and see redress afforded therein to the peoples satisfaction if any such be of that nature VI. That it is a great cause of jealousie and mistrust among the people that where Catholicks were settled or understood to be settled in some of the greatest employments of Trust in the Army they have been notwithstanding removed and put by for avoiding of those causes and grounds of mistrust the Catholicks so settled or understood to be setled in such employments are desired to be forthwith restored VII That for satisfaction of the people who in the many disorders of these times see no face of Justice exercised among them a Judicature be erected according to the Articles of peace wherein all Causes without limit between party and party may be heard and determined and that Judges of Assize go Circuits twice each year at least and over and besides this that some persons as Justices of Peace in Quarter Sessions or otherwise be entrusted in each County to whom the Inhabitants of each such County may have their applications for redress against oppressions and extortions hapning within that County and for Debts and other complaints not exceeding Ten pounds This will free your Excellency from the trouble of those multitudes of complaints that come before you for want of other Judicatures and will leave your Lordship the time entire to be disposed in the consults of the State affairs for the better management of the War and other the great affairs that may concern the better Government of the Kingdom these being of so high a nature and so much tending to the peoples preservation as no other matter or causes should be interposed that might give any interruption thereto VIII That to the very great grievance and dissatisfaction of the people the Receiver general hath failed to clear his Accompts concerning the vast sums of Mony levyed from the people since the 17th of Jan. 1648. though the same hath been long expected and the grievances from the Agents of Counties long foreslowed in expectation of those Accompts It is proposed that some of the Commissioners of Trust and some other select persons may be forthwith now named to be authorized and entrusted to take the said Accompts and to that purpose the persons so to be entrusted to be authorized to call before them the said Receiver General the Commissary of the Victuals and their Deputies and all Receivers whatsoever intrusted in the several Counties as they shall see cause and will find it necessary and to take examinations on Oath and to do all matters that may tend to the clearing of those Accompts whereby on the close of such Accompts due satisfaction may be given to the people in the knowledge of the right disposal thereof or the Parties failing in such accompts due punishment to be inflicted on them and their persons goods and Estates seized on and secured for satisfaction of the People that they be answerable for what they shall appear to be owing to be applyed to the publick service And for avoiding all jealousies and mistrusts for the future in the disposal of any of the publick monies so far and for what any publick Treasury shall be necessary all Sums and Payments be made with the allowance consent and concurrence of the Commissioners of Trust und not otherwise and no persons to intermeddle hereafter in the receipts of Publick dues that shall fail in the accompts for the time past IX That the Oppressions and Extortions of any of the Officers or others of the Army hitherto hapned and any Miscarriages in the Designs of the Army either in Field-Service or the render of Castles or Towns to the Enemy may be forthwith strictly examined and punished by the Lord-Lieutenant assisted by a Privy-Council now to be chosen and by a Council of War now to be named And that for the better Government of the Army and for the Officers and others of the Army their due information how to demean themselves hereafter and for the Peoples Satisfaction also there be Rules and Orders of War drawn printed and published that may tend to the remedying in the future of such Grievances as formerly have hapned for want thereof And for the Times past what Oppressions or Extortions have hapned in any County the same to be represented from such Counties to his Excellency and such Privy-Council as shall be now named upon which Representation his Excellency and the said Council are to afford the best redress they may in the Grievances so to be represented for the Peoples Satisfaction and Redress and this to be intimated to the several Counties timely that they may prepare their said Grievances X. That all Custodiums or other Acts or Orders done or granted whereby any the Publick Revenue hath any way been diminished be recalled by his Excellency on the Instance of the Commissioners of Trust and the private Persons profiting thereby to the prejudice of the Publick to accompt at full notwithstanding such Orders or Custodiums whereby the Publick Profit thereby to accrue may admit no diminution XI That no Imposition or Charge be imposed on the People by Applotment Free-quarter or otherwise but by the Commissioners of Trust or with their Allowance according to the Articles of Peace and none to have freedom in Applotments but all to pay with equality and all Applotments or Impositions heretofore since the 17th of January 1648 imposed on the People without the Consent of the Commissioners of Trust be put by and due satisfaction given to the People where such Burdens have been imposed Forasmuch as it
may happen that your Excellency hath not Power from his Majesty to determine who shall serve as Privy-Counsellors yet it is proposed that your Excellency may now fix on a number of Select Persons satisfactory to the People that may supply a Trust and Management of Affairs in such ample manner to all purposes as Privy-Counsellors appointed by Authority from his Majesty were accustomed to do and might have done in time of Peace to all purposes and their Acts to be observed for the better management of the Publick Affairs His Excellencies Answer I. IT it true That the main End of Our desiring a meeting of as many of the Roman-Catholick Clergy and of the Commissioners as could be gotten together during the Time We had determined to stay at Limerick was in hope that by their joint Advice and Assistance Life might be conserved in this gasping Kingdom and the only means to attain to that End as We told you in our Discourse made to you the 10th of March We conceived was for you to remove such causless Distrusts as being maliciously infused into the Peoples Minds did slacken if not wholly withdraw their Obedience from his Majesty's Authority in Us rendring it impossible for Us with Honour or hope of Success to contend against a powerful absolutely obeyed and plentifully supplied Enemy under such Domestick Disadvantages of Distrusts and Disobedience Some Instances We have given you of the Disobediences and of their ruinous Consequences to which next to God's Permission may principally be attributed the unresisted Success of the Rebels even since we were last at Waterford where all our Designs pointing first and principally at the Safety of that City for the recovery of Passage Carrich and Rosse were not only frustrated but the Authority we managed affronted and our Person ungratefully put to hazard by the instigation of a very few that by evil Practices and false Pretences had gained Credit enough among the well-meaning People to mistrust Us that more than once conducted Forces to their Relief and to trust them who purposed to build their private Safety upon the Power they have to sacrifice the Liberties and Fortunes of their less discerning Fellow-Citizens in answer to Our desires to have you to employ your Endeavours to procure such Obedience to his Majesty's Authority as might prevent the like Inconvenience in the future whereby and not otherwise We may be enabled and encouraged to prosecute our Determination to run all possible Hazards for the King's Service and the preservation of the Nation We received from you the above-mentioned Propositions which how far they may be conducible to that End We know not but do wish what We are able to do for your Satisfaction and the Satisfaction of the People upon them may have the Effect aimed at and that with the speed necessary for your and their preservation II. To the Second We do not understand how the most of the present Distresses of the Kingdom could proceed from the want of a Privy-Council nor considering the State of the Kingdom the Power intrusted with the Commissioners their Abilities and how freely We communicate with them Things of greatest Importance how the framing of such a Council can advantage the Management of the War which is now the only Matter of State And that consisting only of Provision to be made for an Army and the employing that Army to the best Advantage is or may be as well done by the Advice and Assistance of the said Commissioners as by any Council of State who will have no Power to raise Men or to provide for them and to whom Designs upon the Enemy are no further to be communicated than We shall think fit And with such we shall as readily acquaint the Commissioners and as soon be advised by them as any other We can think of the rather that We know none upon whose Faith and Judgment We may more safely depend nor that can better assist Us in any thing they shall be advised with by reason of their Knowledg of the Ability and Burden of the Kingdom which We doubt the State of most Men considered cannot but be increased by a Privy-Council For these Reasons we think not fit unnecessarily to presume upon doing a thing for which We neither have Power nor Precedent Yet rather than there should be any thing wanting that is in Our Power to satisfy the People let the particular Acts that Privy-Counsellors have heretofore done and are now necessary be instanced and as far forth as they shall appear necessary and fit We shall qualify Persons free from just Exception with such Powers III. All this Proposition is assented unto and as far forth as concerns Us shall be observed and immediately put in Execution save that if it be intended the Commissioners should give their Consent to what particular Officers should 〈…〉 We conceive that a Power wherewith they are not 〈…〉 nor fit for Us to bind Our self or any other chief Governour unto And for the not multiplying or exceeding the Numbers to be fixed upon but by further solemn Establishment We consent unto it as far as the same is agreeable to the Articles of Peace IV. To be explained what is intended by exact Weariness or what is understood by probable Circumstances V. The too punctual Observation of this Proposition hath been of worse Consequence than the Particulars complained of have been And we expect that if the Articles of Peace be found destructively strict in this Point they may be dispensed with and not only Our self but whoever commands a considerable Party of the Army upon any Expedition may have Power to Garison any place he shall conceive necessary without consulting any Man VI. This is to be explained as to Particulars and then such Answer shall be given as is fit and agreeable to the Power given Us by his Majesty and the Articles of Peace VII We have been always ready to comply with this Proposition and have more than once made offer of it witness the Commissioners and are still ready to perform what in this Point we are obliged unto by the Articles of Peace VIII This Proposition is assented unto and was never hindred by Us save as to the disposing of Money wherein We insist upon and shall conform our Self to the Articles of Peace and could wish that others besides the Receiver General accomptable for great Sums of Money both before and since the Peace had been or might be brought to accompt for the Ease of the Kingdom IX We are ready to do Justice unto the Country and upon the Offenders mentioned in this Proposition in such manner and with such Assistance as is usual and requisite in like cases and to that effect we desire that Particulars may be instanced X. To be explained XI We acknowledg this Proposition to be pursuant to the Letter of the Articles of Peace and that by unavoidable necessity it hath been infringed And we affirm that in the case the
perfect Obedience and immediately be put under a Military Government for Military Matters and thereby into a Condition of Defence and Offence Which to conceal from the People were towards them as great a Treachery as it would be in Us a vain Rashness without such Obedience first gained to attempt the opposing the Strength and power of the Rebels And therefore We must and do declare that as the particular Refractoriness of the City of Waterford hath more than any other humane means contributed to all the Successes of the Rebels in those parts since Our being at Waterford And as the want of a strong Garrison in Limerick which we long since desired might be received there but could not prevail hath been the greatest visible means whereby the said Rebels have with small or no Resistance gained or destroyed the County of Limerick and other parts adjacent So the entire Loss of the Kingdom to his Majesty and the Destruction of the Nation which We have no hope to prevent but by strongly and presently garrisoning and fortifying the said City must be imputed to the Obstinacy of that City if it shall persist therein and to whosoever encourages or contrives with them therein As to these Distrusts and Jealousies of the People occasioned as you say for want of Success in Services the Sense of their Sufferings and their Apprehensions for want of Redress of their Grievances we answer That both the Want of Success and the Sense of their Sufferings whether from the Enemy or the Souldier cannot be so reasonably attributed to any human Cause as to the want of garrisoning the Army in principal Towns and Cities wherein we cannot yet prevail ☞ nor ever could till by the Enemies lying at one end of a Town we were not without articling and conditioning permitted to put such Men as We could then get in at the other end For for want of garrisoning the Army and by being forced to quarter it at large it was not possible to have them exercised their Arms kept in Order nor they under necessary Discipline which when they were to be brought together rendred them worse than so many new-raised Men by how much they had contracted a licentious Liberty and Habit of Rapine and Disobedience Nor could we prevent the Fraud in Musters or reasonably exact a strict Accompt from Officers of Men so scattered who when they should be employed upon Service were forced or pretending a Necessity wherein We could not disprove them to range the Country to get in the means that should enable them to serve As to their Apprehension for want of Redress to their Grievances We understand not what Grievances are thereby meant unless those delivered unto Us by the Arch-Bishop of Tuam on the first of April For other Grievances though We long expected and desired them We never 〈◊〉 save 〈…〉 on the 13th of March at Limerick which for the 〈…〉 and other misbecoming Passages contained in it was as â—uch disavowed by the Clergy then met And to those given Us on the first of April We return herewith such Answers as considering the Generality of them is possible for Us to give We have already with the Advice of the Commissioners and as We believe with the Approbation of such of the Bishops as were present appointed the Earl of Castle-Haven to command the Forces in Leinster And in Munster with 〈…〉 We have employed Colonel David Roch to command for a necessary Expedition besides there always is upon the Place one general Officer that will readily receive and employ any that shall be prevailed with to take Arms as is promised And in case We find fitting Obedience and Reception from the City of Limerick We shall in Person be ready to receive and conduct the Forces in the said Province In Vlster We have in Pursuance to the Agreement made with that Province given Commission to the Bishop of Clâ—gher and in Connaught the Lord Marquess of Clanrickard commands the Army We know no use to which any Money raised upon the People hath been employed but to the Maintenance of the Forces if you do We shall desire to be therein informed to the end that any past Misapplication thereof may be examined and punished and the like prevented in future To conlude We seriously recommend to your Consideration the ways of procuring such Obedience to his Majesty and his Authority in the general and particularly from the City of Limerick as may enable and encourage Us with Honour and Hope of Success according to Our Desire to use Our utmost Industry and encounter all Hazards for the Defence of this Kingdom and Nation against the Tyranny that will certainly be exercised upon them and the unsupportable Slavery they will be subject unto if the Rebels prevail And so We bid you heartily farewel from Loghreogh May 1. 1650. Your very loving Friend ORMOND Since the Writing hereof We have received a Message by a Committee and delivered by our very good Lord the Lord Viscount Taaffe whereunto We cannot return unto you other answer than what is contained in this Letter till We shall receive your Resolution thereupon which we desire may be with Expedition For the Arch-Bishops Nobility Bishops the Commissioners authorized by Us in Pursuance of the Articles of Peace and others assembled at Loghreogh Append. XLVII The Commissions to the Bishop of Fernes and Hugh Rochfort NOS Commissarii Deputati a Congregatione Cleri totius Regni Hiberniae habita in oppido James-town die sexto Augusti anno Salutis 1650. cum Authoritate Potestate ejusdem Congregationis ad tractanda disponenda expedienda agenda quaecunque negotia spectantia conducentia ad Catholicae hoc in Regno Religionis Regiorum Jurium hujus Nationis Conservationem prout constat ex Commissione Congregationis super hac data undecimo ejusdem Augusti 1650 reponentes especialem ac certam Fiduciam Confidentiam in Prudentia Fidelitate ac Integritate dilectorum nobis Illustrissimi Reverendissimi D. Nicoali Fâ—rensh Episcopi Fernensis Comitis Assistentis sacrae Capellae Pontificiae D. Hugonis de Rupe forti alias Rochford Armigeri constituimus nominavimus authorizavimus prout hisce constituimus nominamus authorizamus Procuratores nostros dictos Dominos Nicolaum Hugonem quemlibet illorum junctim seperatim nostro Catholicorum hujus Regni nomine ad proponendum agendum perficiendum ac conveniendum cum quovis Catholico Principe Statu Republica Persona aut Personis quodcunque negotium aut rem quae dictis Reverendissimo D. Nicolao D. Hugoni Procuratoribus nostris aut cuivis illorum junctim ac seperatim videbitur seu judicabitur necessaria expediens aut conducens ad Catholicae inter nos Religionis Regis Nationis Conservationem hisce promittimus spondemus ac in nos suscipimus nostro Catholicorum Regni nomine quod testificabimur approbabimus confirmabimus praestabimus quemcunque actum pactum aut
conventionem dicti Reverendissimus D. Nicolaus D. Hugo Procuratores nostri aut quilibet illorum aget concludet aut determinabit virtute hujus nostrae Commissionis Dat. Galuiae quinto Octobris anno Domini 1650. Franciscus Aladensis Episcopus Procurator D. Joannis Archiepiscopi Tuamensis Fr. Thomas Archiep. Dublimensis Hiberniae Primas Joan. Rapotensis Episcopus Procurator Primatis Ardmachani Walterus Clonfertensis Episcopus Procurator Lacghiniensis Episcopi Fr. Antonius Episcopus Clanmacnosensis Fr. Arthurus Dunen Coneren The Commission to the Bishop of Fernes and Sir James Preston In Dei Nomine Amen MEmorandum quod anno Domini 1651. die vero mensis Aprilis septimo nos infra scripti tam nostro quam omnium fere Procerum Nobilium ac Popularium Catholicorum Regni Hiberniae Nominâ— nominibus quorum sensuum in hac parte consensuum certam exploratam notitiam habemus nominavimus constituimus elegimus deputamus omnibus quibus possumus modo via jure ac ratione Procuratores Agentes negotiorum nostrorum Gestores generales speciales ita ut specialitas generalitati non deroget aut è contra conjunctim etiam divisim si ita opus fuerit in casu mortis aut alterius inevitabilis necessitatis Reverendissimum in Christo Patrem ac Dominum D. Episcopum Fernensem clarissimum ac nâ—bilissimum D. D. Jacobum Prestonium Equitem Auratum ut supra ad agendum tractandum consulendum ac firmiter concludendum cum serenissimo Principe Carolo Duce Lotharingiae quem in Regium Protectorem Regni Hiberniae eligimus nostro omniumque praefarorum nominibus ad agendum cum praefata sua Celsitudine tam in super negotio principâ—li Protectionis memoratae quam in de aliis articulis propositionibus postulatis nostris conventis non conventis tale negotium quomodo concernentibus cum omnibus annexis connexis emergentibus dependentibus aliqua ratione concernentibus generaliter omnia alia in praemissis agendi faciendi ac si nos ipsi praesentes essemus Et quicquid in praedictis fecerint concluserint tractaverint consenserint convenerint cum praefato serenissimo Duce Lotharingiae seu cum ejus haeredibus aut assignatis suis seu cum ejus eorumque agentibus legatis procuratoribus seu aliis quibuscunque mandatum potestatem ad id specialem habentibus uno vel pluribus nos ratum gratum aeceptum habituros promittimus per presentes Et ad id nos ipsos Successores Haeredes nostros aliosque quos possumus in perpetuum obligamus Datum sub signis sigillis nostris anno dieque quibus supra in Praesentia testium infra scriptorum Galviae in Provincia Conaciae Regno Hiberniae praesentis mansionis nostrae seu refugii loco Fr. Thomas Archiepiscopus Dubliniensis Hiberniae Primas Robertus Corcagien Cloanen Episcopus Fr. Antonius Clunamacnosensis Episc Procurator Primatis Hiberniae Walterus Cluanfertensis Procurator Laghlinensis Franciscus Aladensis Episcopus Et nos major seu praetor Galuiensis confirmamus nostris Suffragriis ratificamus praedictum procuratorium et personas in eo nominatas nostros etiam procuratores ut supra constituimus die anno quibus supra cum infra scriptis de concilio nostro Append. XLVIII The Declaration and Excommunication of the Popish Clergy at Jamestown A DECLARATION of the Archbishops and other Prelates and Dignitaries of the Secular and Regular Clergy of the Kingdom of Ireland against the Continuance of his Majesty's Authority in the Person of the Marquess of Ormond Lord Lieutenant of Ireland for the Misgovernment of the Subject the ill Conduct of his Majesty's Army and the Violation of the Articles of Peace Dated at Jamestown in the Convent of the Friars Minors August 12. 1650. THE Catholick People of Ireland in the Year 1641 forced to take up Arms for the Defence of Holy Religion their Lives and Liberties the Parliament of England having taken a Resolution to extinguish the Catholick Faith and pluck up the Nation root and branch a powerful Army being prepared and designed to execute their black rage and cruel Intention made a Peace and published the same the 17th of January 1648 with James Lord Marquess of Ormond Commissioner to that effect from his Majesty or from his Royal Queen and Son Prince of Wales now Charles II hereby manifesting their Loyal Thoughts to Royal Authority This Peace or Pacification being consented to by the Confederate Catholicks when his Majesty was in Restraint and neither He nor his Queen or Prince of Wales in condition to send any Supply or Relief to them when also the said Confederate Catholicks could have agreed with the Parliament of England upon as good or better Conditions for Religion and the Lives Liberties and Estates of the People than were obtained by the above Pacification and thereby freed themselves from the Danger of any Invasion or War to be made upon them by the Power or England where notwithstanding the Pacification with His Majesty they were to dispute and fight with their and his Enemies in the three Kingdoms Let the World judg if this be not an undeniable Argument of Loyalty This Peace being so concluded the Catholick Confederates ran sincerely and cheerfully under his Majesty's Authority in the Person of the said Marquess of Ormond Lord Lieutenant of Ireland plentifully providing vast Sums of Moneys well nigh half a Million of English Pounds besides several Magazines of Corn with a fair Train of Artillery great Quantity of Powder Match Amunition with other Materials for War After his Excellency the said Lord Lieutenant frustrating the Expectation the Nation had of his Fidelity Gallantry and Ability became the Author of almost losing the whole Kingdom to God King and Natives which he began by violating the Peace in many Parts thereof as may be clearly evidenced and made good to the World I. The foresaid Catholicks having furnished his Excellency with the aforesaid Sum of Mony which was sufficient to make up the Army of 15000 Foot and 2500 Horse agreed upon by the Peace for the preservation of the Catholick Religion our Sovereign's Interest and the Nation his Excellency gave Patents of Colonels and other Commanders over and above the Party under the Lord Baron of Inchiquin to Protestants and upon them consumed the Substance of the Kingdom who most of them afterwards betrayed or deserted us II. That the Holds and Ports of Munster as Cork Youghall Kingsale c. were put in the Hands of faithless Men of the Lord of Inchiquin's Party that betrayed the Places to the Enemy to the utter endangering of the King's Interest in the whole Kingdom This good Service they did his Majesty after soaking up the Sweat and Substance of his Catholick Subjects of Munster where it is remarkaable that upon making the Peace his Excellency would no way allow his Loyal Catholick Subjects of Cork Youghall Kingsale and other Garisons
to return to their own Homes or Houses III. Catholick Commanders instanced by the Commissioners of Trust according to the Pacification and hereupon by his Excellency's Commission receiving their Commands in the Army as Col. Patrick Purcel Major General of the Army and Col. Pierce Fitz-Gerald alias Mac. Thomas Commissary of the Horse were removed without the consent of the said Commissioners and by no demerit of the Gentlemen and the said Places that of Major General given to Daniel O-Neal Esq a Protestant and that of Commissary of the Horse to Sir William Vaughan Kt. and after the said Sir William's Death to Sir Thomas Armstrong Kt. both Protestants IV. A Judicature and legal way of administring Justice promised by the Articles of Peace was not performed but all Process and Proceedings done by Paper Petitions and thereby private Clerks and other corrupt Ministers inrich'd the Subject ruined and no Justice done V. The Navigation the great Support of Ireland quite beaten down his Excellency disheartning the Adventures Undertakers and Owners as Capt. Antonio and others favouring Hollanders and other Aliens by reversing of Judgments legally given and definitively concluded before his Commissioners Authority By which depressing of Maritime Affairs and not providing for an orderly and good Tribunal of Admiralty we have hardly a Bottom left to transmit a Letter to his Majesty or any other Prince VI. The Church of Cloyne in our possession at the time of making the Peace violently taken from us by the Lord of Inchiquin contrary to the Articles of Peace no Justice nor Redress was made upon Application or Complaint VII That Oblations Book-monies Interments and other Obventions in the Counties of Cork Waterford and Kerry were taken from the Catholick Priests and Pastors by the Ministers without any Redress or Restitution VIII That the Catholick Subjects of Munster lived in Slavery under the Presidency of the Lord of Inchiquin these being their Judges that before were their Enemies and none of the Catholick Nobility or Gentry admitted to be of the Tribunal IX The Conduct of the Army was improvident and unfortunate Nothing hapned in Christianity more shameful than the Disaster of Rathmines near Dublin where his Excellency as it seemed to Ancient Travellers and Men of Experience who viewed all kept rather a Mart of Wares a Tribunal of Pleadings or a great Inn of Play Drinking and Pleasure than a well-ordered Camp of Souldiers Drogheda unrelieved was lost by Storm with much Bloodshed and the loss of the Flower of Leinster Weâ—ford lost much by the unskilfulness of a Governor a young Man vain and unadvised Ross given up and that by his Excellency's Order without any Dispute by Col. Luke Taaffe having within near upon 2500 Souldiers desirous to fight After that the Enemy made a Bridg over the River of Ross a Wonder to all Men and understood by no Man without any Let or Interruption our Forces being within seven or eight Miles to the Place wherein 200 Musqueteers at Rossberkine being timely ordered had interrupted this stupendious Bridg and made the Enemy weary of the Town Carrig being betrayed by the Protestant Ward there our Army afterwards appearing before the Place the Souldiers were commanded to fight against the Walls and Armed Men without great Guns Ladders Petards Shovels Spades Pickaxes or other Necessaries there being killed upon the place above 500 Souldiers valiantly fighting yet near Thomas-Town our Souldiers being of tryed Foot two to one and well resolved were forbidden to fight in the open Field having advantage of Ground against the Enemy to the utter disheartning of the Souldiers and People After this the Enemy came like a Deluge upon Calan Feathard Cashell Kilmallock and other Corporations within the Provinces of Leinster and Munster and the Country about rendred Tributary Then followed the taking of Laghlin and Kilkenny then that of Clonmell where the Enemy met with Gallantry Loss and Resistance Lastly Tecrohan and Catherlough two great Pillars of Leinster shaken down that of Tecrohan to speak nothing for the present of all other Places was given up by Orders Waterford block'd up is in a sad Condition Duncannon the Key of the Kingdom unrelieved since the first of December is like to be given up and lost X. That the Prelates after the numerous Congregation at Cloanmacnoise where they made Declarations for the King 's great advantage after printed and after many other laborious Meetings and Consultations with the Expressions of their sincerity and earnestness were not allowed by his Excellency to have employed their Power and best diligence towards advancing the King's Interest but rather suspected and blamed as may appear by his own Letter to the Prelates then at James-Town written Aug. 2. And words were heard to fall from him dangerous as to the Persons of some Prelates XI That his Excellency represented to his Majesty some parts of this Kingdom disobedient which absolutely deny any such disobedience by them committed and thereby procured from his Majesty a Letter to withdraw his own Person and the Royal Authority if such Disobediences were multiplied and to leave the People without the benefit of the Peace This was the Reward his Excellency out of his Envy to a Catholick Loyal Nation prepared for our Loyalty and Obedience sealed by the shedding of our Blood and the loss of our Substance XII That his Excellency and the Lord of Inchiquin when Enemies to the Catholicks being very active in unnatural Executions against us and shedding the Blood of poor Priests and Churchmen have shewed little of Action since this Peace but for many Months kept themselves in Connaught and Thomond where no Danger or the Enemy appeared spending their time as most Men observed in Play Pleasure and great Merriment while the other parts of the Kingdom were bleeding under the Sword of the Enemy This was no great Argument of Sense or Grief in them to see a Kingdom lost to his Majesty XIII That his Excellency when prospering put no Trust of Places taken in into the Hands of Catholicks as that of Drogheda Dundalk Trim c. And by this his Diffidence in Catholicks and by other his Actions and Expressions the Catholick Army had no Heart to â—ight or to be under his Command and feared greatly if he had mastered the Enemy and with them the Commissioners of Trust or the greater part of them and many thousands of the Kingdom also feared he would have brought the Catholick Subjects and their Religion to the old Slavery XIV We will not speak of many Corruptions and Abuses as passing of a Custodium upon the Abby of Killbegain worth in past Years to the Confederates well nigh 400 l. per Annum to Secretary Lane for 40 l. or thereabouts per Annum nor of many other such like to Daniel O Neil and others at an undervalue to the great Prejudice of the Publick XV. We do also notify to the Catholicks of the Kingdom most of the above Grievances and Breaches of the Peace being
delivered to the Commissioners of Trust in February last that the Clergy and Laity receiving Redress or Justice the Discontent of the Subject might be removed no Amendment appeared after eight Months effluxed but the Evil still continued that occasioned the Ruine of the Nation And we also protest to the whole World having done our best we have no Power to remove the Jealousies and Fears of the People Besides the above Injuries and Violation of the Articles of the Peace against Religion the King's Interest and the Nation nothing appearing before the Eyes of the People but Desolation Waste Burning and the Destruction of the Kingdom three parts of four thereof being come under Contribution to the Enemy Cities Towns and strong Holds taken from them Altars pulled down Churches lost Priests killed and banished Sacraments and Sacrifices and all things holy profaned and almost utterly extinguished Armies and great numbers of Souldiers by them maintained and the Enemy not fought withal those that would fight for them born down and those that would betray them cherished and advanced finally no visible Army or Defence appearing they are come to despair of recovering what is lost or defending what they hold and some inclining for safety of their Lives and Estates do compound with the Parliament perswading themselves no Safety can be to any living under the Government of the LORD LIEUTENANT attended by Fate and Disaster For prevention of these Evils and that the Kingdom may not be utterly lost to his Majesty and his Catholick Subjects this Congregation of Archbishops Bishops and other Prelates and Dignitaries of both Clergies of this Kingdom found our selves bound in Conscience after great Deliberation to declare against the continuance of his Majesty's Authority in the Person of the said Lord Marquess of Ormond premitting this Protestation to the World ☞ that we had never come to such Declaration but that we and the People of this Kingdom generally despair of the Kingdom 's Recovery under his Government as hereby we do declare as well in our own Names and behalf as in the Names and behalf of the rest of the Catholicks of this Kingdom against him the said Marquess of Ormond having by his Misgovernment ill Conduct of his Majesy's Army and the Breach of Publick Faith with the People in several particulars of the Articles of the Peace render'd himself uncapable of continuing that great Trust any longer being questionable before his Majesy for the said Injuries and ill Government to which effect we will joyn with other Members of this Kingdom in drawing a Charge against him and we do hereby manifest to the People they are no longer obliged to obey the Orders and Commands of the said Lord Marquess of Ormond but are until a general Assembly of the Nation can be conveniently called together unanimously to serve against the common Enemy for the Defence of the Catholick Religion his Majesty's Interest their Liberties ☞ Lives and Fortunes in pursuance of the Oath of Association and to observe and obey in the mean time the Form of Government the said Congregation shall prescribe until it be otherwise ordered by an Assembly or until upon application to his Majesty he settle the same otherise And we do fulminate the annexed Excommunication of one Date with this Declaration against all the Opposers of the same Declaration All the good Christians and Catholicks that shall read this our said Declaration forced from us by the Affliction and Disaster of distressed Ireland be pleased to know that we well understand the present Condition of this Nation is more inclining to Ruin and Despair than Recovery yet will we relie upon the Mercy of God who can and will take off from us the heavy Judgment of his Anger War and Plague if we shall amend our wicked Lives and lean like little ones upon the Arms of his Mercy as we cry to him for Remedy let us confess with Tears our Sins saying with the Prophet Isaiah Câ—cidimus quasi folium universi iniquitates nostrae quasi ventus abstulerunt nos non est qui invocet nomen taum Domine non est qui consurgat teneat te abscondisti faciem tuam à nobis allisisti nos in manu iniquitatis nostrae This Language from the Heart will reconcile Heaven to us Et quiescat ira Dei erit placabilis super neâ—uitia populâ— sui Though this Noble-Man hath left us nothing but Weakness and Want and Desolation and that the Enemy is rich strong and powerful God is stronger and can help us and for his own Name-sake will deliver us Dominus Eliae the God of Wonders and Miracles erit etiam nunc apud Hibernos if our Faith prove strong and our Actions sound and sincere We will conclude with St. Paul that Ocean of Wisdom and Doctor of Nations Si Deus pro nobis quis contra nos quis accusabit adversus electos Dei Deus est qui justificat quis est qui condemnat quis ergo nos separabit à charitate Christi Tribulatio an Angustia an Fames an Nuditas an Periculum an Persecutio an Gladius sed in his omnibus superamus propter â—um qui dilexit nos Let nothing separate you from that burning Charity of Christianity and God will ever preserve protect and bless you H. Ardmacan Jo. Archiâ—p Tuam Jo. Rapotens Eugen. Killmor Fran. Aladen Nic. Fermens Procurator Dublin Fr. Anton. Clonmacnocens Walt. Clonfert Procurator Leighlinens Fr. Artur Dunens Connor Procurator Dromorens Fr. Hugo Duacensis Fr. Gul. de Burgo Provincialis Hiberniae Ordinis prâ—â—dicat Jac. Abbas de Conga Comiss generalis Canon Reg. S. Aug. Fr. Thom. Keran Abbas de Duellio Carol. Kelly S. Theologiae Doctor Decan Tuam Fr. Bernard Egan Procurator R. admodum P. Provincial fratrum minorum Fr. Ricar O Kelly Procur Vic. Generalis Kildare Prior Rathbran Ord. predicat Thad Eganus S. Th. D. praepos Tuam Luc. Plunket S. Th. D. Proton Apostolicus Rector Collegii de Kellecu exercitus Lageniâ— Capellan major Jo. Doulaeus juris Doc. Abbas de Kilmanach unus ex procuratoribus Capit. Cler. Tuam Gual Enos S. T. D. Protonot Apostolicus Theâ—aur Fernen procurator prepositi Ecclesiae Collegiaâ—ae Galviensis And we the under-named sitting at Galloway with the Committee authorized by the Congregation held at James-Town 6. Augusti currentis do concur with the above Arch-bishops Bishops and other Prelates and Dignitaries in the above Declaration and withal do now make firm the same as an Act of our own by our several Subscriptions this 23d of August 1650. Thomas Cashell J. Laonen Episcopus Edmun. Limiricen Rob. Corcag Cluan Fr. Teren. Immolâ—cen Jac. Fallon Vic. Apostolicus Acaden The Excommunication mentioned in the above Declaration WHereas we the underwritten Arch-bishops Bishops and other Prelates and Dignitaries sitting in this our present Congregation at James-Town with the Consent and Approbation of the rest through the Dangers of these distracted Times
of this half Million of Pounds hath come in in Money or been disposed of by Warrant from us we leave to be cleared by the Receiver-General's Accompts But we are confident it will not amount to the tenth part of half a Million of Pounds In the next Place they say We have frustrated the Opinion of the Nation held of our Fidelity Gallantry and Abilities and become the Author of losing the whole Kingdom to God King and Nation If the Nation held a greater Opinion of our Gallantry and Ability than there was cause for it we are sorry we came short of their Expectation But whatever it pleased God to bestow on us in those Gifts we faithfully employed it in the Cause we undertook and have not at all failed their Expectation in point of Fidelity Nor are we therein the Author of losing the Kingdom to God King and Nation as these Declarers have Rhetorically expressed themselves How they make good the last Assertion of their Preamble viz. That we began the Loss of the Kingdom by violating the Articles of Peace is next to be considered How We have been furnished with the aforesaid Sum of about half a Million of Pounds The Answer to the first Article We have told you in Our Answer to the Preamble If they urge Our giving Commissions which they call Patents to Protestant Officers as a Breach of the Articles of Peace and had purposed to have made it good they should have set down the Article violated by it But they have been so used to have Credit given to their Words upon Trust that whether what they say be true or false they are sure it will do their Work and That and not Truth is the thing they aim at We confess to have given Commissions to many Protestant Officers and that they and their Men were provided for as others of their respective Conditions And we do affirm that for their Fidelity Gallantry and Ability they deserved their Commissions and Pay full as well as any other of their respective Conditions And it is not true that they or the most of them or any of them that we gave Commissions to did betray any Person under their Command or ever deserted Us or the Cause we undertook True it is that We finding the Desire and Design of many of the People set on by the Declarers was to starve or otherwise destroy and break the Remain of the Protestant Party that came to Vs for these and other Reasons hereafter to be expressed ☞ We permitted them in June or July last to make their Conditions with the Enemy and so sent them away But that any one Place was betrayed by any of those Protestants cannot be instanced nor that any more than about three of them whereof one was a Major and the other two Lieutenants ever went away without Our License How many of them died valiantly doing their Duty or that were creully put to Death by the Enemy there are many amongst you that know It is very well known The Answer to the second Article that we put not the Holds or Ports in Munster into the Hands of any but left them in the Hands We found them as we had good reason to do those Persons without Capitulation having received Us as his Majesty's Lieutenant And if any of them have betrayed those Places as we conceive the Governours of Cork Kingsale and Youghall did not but were by others betrayed We are not reasonably chargeable with their Treachery And we believe they soaked as much of the Sweat and Substance of Munster and were as chargeable to that Province before as after the Peace Nor is it strange if they would not agree to a Peace that must have let in those that had been of a contrary Party to be Masters of the Holds they had before the Peace upon any occasion of their drawing forth till a full Settlement by Parliament till when the Consederate Roman Catholicks were to hold the Towns possessed by them but Provision was made that such as were not admitted to re-inhabit the Towns for we understood divers were ☜ were to have the full benefit of their Houses and Estates in the said Towns or Garisons So that what is remarkable in that in making the Peace we would not allow the return of those of Cork Youghall and Kingsale to their Houses we see not more than that as without they were debarred from it for a time neither the Army under the Command of the Lord Inchiquin nor the then Inhabitants of the Towns would be drawn to submit to the Peace so the Assembly being convinced thereof and of the great Danger it might bring upon the Kingdom to have them oppose the Peace consented to the Articles as it is expressed in the Book of the Articles of Peace But that which these Declarers would indeed have marked and collected out of their dark Note is that by this means these Towns were perhaps purposely given up by us to the Rebels For as they have infected the People they know them so ready to make the worst Construction of all Events that they need not speak plainly to them To this we have fully answered in our Answer to the second Article of the pretended Grievances The Answer to the third Article except the particular of Daniel O Neile who was not named in the said Article and for your clearer Satisfaction we shall recite that Answer as followeth Whoever looks upon the Articles of Peace recited in this Section This was an Answer to the second Article of the Grievances and upon the Composure of the Army ever since the Peace will find that we have done much more for the Satisfaction of this Nation than we were obliged unto For whereas if we had upon perfection of the Articles of Peace conferred two places of Command Honour Profit and Trust in his Majesty's whole Army in this Kingdom upon any two of the Roman Catholick Subjects of this Kingdom we had without Controversy fulfilled the literal Obligation that was upon us as to the point of Instances And if we had not divided the places equally betwixt Protestant and Roman Catholick we had performed the Articles to the Roman Catholicks in the most favourable Construction they could bear yet was the General of the Horse the Master of the Ordnance the Major-General the Lieutenant-General of the Horse and for a good while the Commissary-General of the Horse the Muster-Master General the Commissary-General of the Victuals and the Quarter-Master Generals both of Horse and Foot all of his Majesty's Roman Catholicks of this Kingdom Places certainly as they are more than two parts of three of the general places of an Army so are they of Honour Profit and Trust and most of these were conferred on such as were instanced unto us by the Assembly that concluded the Peace with us though that by the Articles there was not so much as a Power to instance either in the
superciliously or malitiously of those Actions whereunto they are willing Strangers And this being a Disadvantage whereunto all Commanders have been and ever will be subject we have no Reason to expect an Exemption from it and might therefore pass by this Grievance reserving Our self for an Account of Our Actions till it were required from Us by him to whom only in this Case We are obliged to render one But such is our desire to satisfy those that are faithful to the Cause We have laboured in and may have been stumbled at that Chance of War that We shall give them the Reason and Grounds of Our Undertaking and of the supposed Omission recited in what remains of these Grievances And first it is necessary it should be understood that a little before the time of that Defeat the Condition of Affairs in this Kingdom stood thus The Provinces of Leinster Munster and Connaught were entirely reduced to his Majesty's Obedience except the City of Dublin and Balishannon which were block'd up with a small Number of our Men. But in Vlster the Rebels by the Assistance of Owen O-Neil and the Interruption given to the Lord Viscount Mountgomery by the Scotish Clergy had raised the Seige of London-Derry and were become Masters of the Field About the same time also We had certain Intelligence that Cromwel with a very strong Army a vast Sum of Money and great plenty of all Provisions was ready ship'd for this Kingdom And it was from good Hands intimated unto Us that he purposed his Descent in Munster and that he had Intelligence with some Governour of the Sea-ports there Hereupon it was taken into Consideration at a Council of War whether the blocking up of Dublin should be continued or whether We should not retire from thence to Drogheda Trym and the Garisons adjacent and prepare our selves for securing Munster and making a defensive or offensive War as occasion should afterwards be offered And of this Opinion We were the rather because it was there also concluded that the Lord President of Munster with a good Party of our best Horse should go into Munster to secure it and that the very Day we rose from Finglass and marched to Rathmines Reynolds landed with 600 Horse and 1500 Foot Hereunto it was strongly objected That if We sent away Our heavy Cannon which we proposed should be done the more to facilitate an orderly Retreat the People would despair of the taking of Dublin that they would accompt all that was done as good as nothing unless that City were reduced That they would not consider that the City was to be reduced by distressing it by blocking up which might have securely been done the way We proposed but taking the Matter to be given over and consequently despairing of the Ease they expected by the total Reduction of the Kingdom would grow more and more backward in their Contribution and perhaps be seduced to a Conjunction with Owen O-Neil and a Rejection of the Peace and his Majesty's Authority thereby established over them which even then We found was though under-hand privately and under other Pretences aimed at by some that since have taken the Advantage of the time to declare themselves without Disguise It was also objected that unless Dublin were reduced before Cromwel's Landing with the Force and Treasure we were sure he had in Readiness at the Water-side that it was to be feared he would be able to corrupt many of the English which considering the Treasure he brought with him and the want We were in might as reasonably be apprehended as that Owen O-Neil and his Party should have become Mercenary to Sir Charles Coot Perswaded by these Arguments delivered by the whole Council of War We were resolved to continue before Dublin and to endeavour to approach near unto it to the end to take from them within the Conveniency of grazing betwixt Our Camp and their Works which if it had been effected their Horses being 1200 must in three days have starved and then the Benefit of the Sea would have been with much ease taken from them which would so much have discouraged all their Souldiers that it was probable they would in a few Days more have forced their Officers to a Treaty and Surrender of the City It was then conceived that Baggatrath was the fittest Place to be fortified But before We gave Order for it We sent the Earl of Castle-haven General Preston Sir Arthur Ashton and Major General Purcel to view it who returned unto Us approving the Place as in all Respects fit for our Purpose We then gave the Major General Order to command thither in the beginning of the Night 1500 Foot with Materials to fortify which was the Number advised to be sent by those Persons that had seen it In the Morning at Day-break we went thither and finding the Work not advanced to Our Expectation found fault therewith The Major General told Us That he was so misguided from the Camp thither which was not an English Mile that he came not to the Place till an Hour before Day Yet such was the natural Strength of the Place that being helped with a few Hours Work We conceived it might very well be made good against any Attempt of the Enemy But the better to secure it We put the whole Army in Arms and appointed it to be drawn down near Baggatrath shewing every General Officer where his Charge was and appointing the drawing down some Cannon to an Eminency of Ground commanding the same and some of the Fields leading from Dublin thither And then having been up all Night partly in writing of Dispatches and to be in the better Readiness in case the Enemy upon discovering Our Men marching should sally We retired to take a little Rest which was about nine of the Clock About ten We wakened with the Noise of Shot and before we could get on Horseback Our 1500 Men were beaten out of Baggatrath and soon after was Sir William Vaughan kill'd and the Horse with him routed Whereupon all those in the left Wing except Our Brothers and Colonel Miles Reyly's Regiments ran away without once facing the Enemy and as was alledged which we have not heard disproved against their Officers uttermost Endeavour In short The Rebels gained Field after Field till they came up to the Ordnance and thence into the Rear of Us standing in a Field with a Party of Foot commanded by Colonel Gifford who gave very good Fire upon them for a while but upon Discovery of another Party of the Rebels marching up to their Front some called for Quarter others threw down their Arms and some continued Shooting Then We quitted the Field and endeavoured but in vain several times to rally the Horse These are the Grounds for continuing the blocking up Dublin and this is briefly as much of the manner of the Defeat as We were Witness of and can readily call to mind That his Majesty's Army on that side the River attempted by
the Rebels was far more numerous than the Rebels is not true for the Rebels were effectually 4000 Foot and 1200 Horse and the Army encamped at Rathmines was not stronger in Horse or Foot We deny not but that the Defeat may reasonably be ascribed to the Faithlessness Negligence Ignorance or Cowardize of some of the Officers and Souldiers Nor have we ever read or heard of any Defeat given where the encountering Numbers were near upon equal but the Defeat was ascribed to one or more of these Failings And yet it is for the most part found difficult and many times unfit to fix the Blame where it may most justly be placed But that the Peoples Belief of this is fortified for that no Search or Inquiry hath since been made by a Court or Council of War of the Deportment of the Officers is an Argument suitable to the Malice and Misconstruction all Our Actions have met with If the Officers were not fit for the Employments given them they were yet of those instanced to Us by the general Assembly And if new raised Men under expertless Officers accompanied with a general want of all things necessary for Support Offence and Defence have been beaten by a like or less Number of old well-armed experienced and continually garisoned Souldiers the wonder is not great nor the Accident rare even in this Kingdom and where We have commanded the prevailing Party If we could have had the Freedom in Election of Officers and Power to have garison'd them and their Souldiers where We might have overlooked them and caused them to have been exercised as We have always in vain desired it might yet have pleased God to have disposed of the Victory as he did but then We might more justly than now have been charged with a Failure on Our Part. But to return to what follows and clear the next Objection it will be necessary that We set down what We did presently after that Defeat When We found it impossible after twelves Miles riding to head any considerable Number of the scattered Horse and that as fast as We could rally them they broke from Us We immediately directed Our Letters to those We had left on Finglass side of Dublin and that had not that Day seen the Enemy being the Lord Dillon's Sir Thomas Armstrong's the Lord Moor's and Lieutenant Colonel Purdon's Regiments of Horse Colonel Warren's Colonel Wall 's and Col. Mich. Byrne's Regiments of Foot to march immediately the one half to Drogheda and the other half to Trym for the Security of those Places and went Our self to Kilkenny to rally what We could of the Army and to raise what new Forces We should be able This was accordingly done and that Day seven-night after the Defeat We marched out of Kilkenny with what Strength of Horse We could make to relieve Drogheda before which Jones was sat down Upon Our Approach to Trim with about 300 Horse which was all that We could in that time rally he raised his Siege and We went unto Drogheda During our being there Cromwel landed with his Army on or about the 15th of August not a full Fortnight after the Defeat at Rathmines It was then plain we were to be on the defensive part of the War and that he would draw forth suddenly to recover those Places we had gained And first we were assured he proposed to attempt Drogheda We therefore applied our uttermost Industry to supply that Place with what it wanted placed in it Sir Arthur Aston as expert and gallant a Governour as we could wish for gave him the same Men and the same number of Men Horse and Foot that he desired and furnished him with the full proportion of Ammunition and other Provisions he demanded judging that if Cromwell could be there foiled of kept before it but for a time it would much advantage us that had so lately received so great a Blow as required time to recover and the Rebels in the Neck of it having received so great a Coountenance and Strength as Cromwell brought with him being the best of the Rebels old Army in England But it pleased God in a few days to give that Town into their Hands and all the Officers and Souldiers that were within it to the Cruelty of their Swords where there were lost 2000 of our best Souldiers with all their Officers who were chosen as the likeliest Men by giving a Check to Cromwell in his first attempt to recover the Kingdom Now that after the Defeat at Rathmines and that great Loss at Drogheda for so it was so powerful and so prevailing an Army as Cromwell's marched without interruption from us that had not above 700 Horse and 1500 Foot and of those some not to be trusted others newly raised and all discouraged from Dublin to Rosse is not much to be wondered at for all the Men we could make were not sufficient to man Wexford which being taken as we have before said there were lost in it others of our best Men to a considerable number That the Rebels might have been prevented in building over their Bridg at Rosse considering the Situation of the Place and the Power their Ordnance had from the Key to and upon the other side of the River we believe they are very ignorant or malicious that will affirm But if it had been a thing as easy as they would have it believed we were so far from being able to attempt any thing that we never all that time had either 24 hours Pay or Provision before hand to keep the Men we had together where they were upon no Duty much less to bring them near an Eneâ—â—â—â— where they must be held to hard Duty close together It should 〈◊〉 also be considered that during Cromwell's March from Dublin to Wexford and those Parts began the Revolt of the Towns and Army in Munster which occasioned very much of Jealousy Distraction and other Interruptions and gave the Rebels leisure to prosecute their Victories When they marched over their Bridg at Rosse towards Carrick it was believed they meant to march to Kilkenny and if we had not been diverted by a false Alarum which coming as it did we had cause to credit of their being gone as far as Bennet's Bridg towards Kilkenny whilst we lay at Thomas-Town and thereby drawn thither for the Defence of that City we had as our purpose was engaged them to fight before their getting to Carrick In what miserable Condition our Army was when we came to Carrick which we were forced to leave meerly for want of Provision to keep it and so much Money as to make necessary Materials to gain that Place is so generally known that it must argue the Contrivers of this Article guilty of a strange degree of Malice to object to us as an Omission that the Rebels Army whilst it lay before Waterford was not attempted or once faced by us And sure we are it is as openly known that in Person we twice
others had so often and so solemnly made to Us of giving Us and procuring for Us all possible Compliance and Obedience the Result whereof appears in their Declaration Yet it is very well known that when-ever the Enemy drew towards the Shannon-side We drew together all the Men We could to the defence of the Passages which otherwise the Enemy had gained And whatever our Play and Merriment was We had certainly as great cause to grieve at the loss of a Kingdom to his Majesty as these Declarers who have not carried themselves so towards him as to expect a greater proportion of his Favour than We. In Answer to the 13th Article The Answer to the 13th Article We say that Drogheda was put into the Hands and Trust of Sir Arthur Ashton a Roman-Catholick and that of the Souldiers and Officers of that Garison the greater part were of that Religion That for Trym it was governed by Mr. Daniel O-Neil who though a Protestant was yet a Native of this Kingdom and one that had manifested great Affection to the Nation That the greater part of the Officers and Souldiers with him were Roman-Catholicks and that the Lord Viscount Dillon a Roman Catholick had Command over the said Daniel O-Neil For Dundalk it is known that Place was given up through the good Affection to his Majesty of divers Officers and Souldiers rather than forced by Siege or otherwise with some of whom We conceived it fit to leave the Charge thereof What Actions or Expressions of Ours they were that disheartned the Roman-Catholicks to fight or be under our Command is not here set down So that We can no otherwise answer to this than that We never did any such Action or let fall any such Expression but were indifferent in our Actions and Expressions of Civility and Respect to all the Officers of the Army What these Catholicks and many Thousands of the People with the Commissioners of Trust or the greater part of them might fear if We had mastered the Kingdom We are not to answer for But if they feared We would in case We had mastered the Kingdom have infringed any of the Articles of Peace their Fear was unjust and groundless nor have We ever before heard there was such a Fear in them To the 14th Article The Answer to the 14th Article We answer That they have in Truth no reason to speak of any particular Corruptions and Abuses in this Article generally mentioned that which they instance in Secretary Lane's having a Custodium of Kilbeggan being so false that he never had any thing to do with it If they had a true Instance We suppose they would not have spared to make use of it What Daniel O-Neil had they set not down nor till they do are We able to answer it If these pretended Grievances whereof most are disproved The Answer to the 15th Article and some confessed and proved to be no Breaches of the Peace were delivered to the Commissioners of Trust in February last We never saw them till September after the meeting at James-Town in August last And if hereby be meant that Paper of pretended Grievances without Title or Subscription whereunto We have sent you Our Answers We never saw them till the 17th of August last The Conclusion of their Declaration is a general Recapitulation of the Miseries and Desolation fallen upon the Kingdom and People in tragical and passionate Expressions Answer to the Conclusion endeavouring to infuse into them a belief that all those Afflictions are through Our means fallen upon them whereas We suppose We have made it evident That next to the good Pleasure of God to chastise the Nation the Reason thereof may most reasonably be attributed to the Sedition Disloyalty Pride Covetousness and Ambition to Rule of these Declarers whom We challenge to instance whom We have born down that would have fought for them or whom cherished or advanced that would or did betray them And where they say that some are inclining to submit to those they call the Parliament perswading themselves that there can be no safety under Our Government attended by Fate and Disaster as they express themselves more like Heathen-Poets than Christian-Bishops and Church-men it is known to some there that to Our certain knowledg divers Persons and Places of consideration would have submitted to the Enemy if We had gone rather than live under the Tyranny and Confusion of the Government projected by these by these Declares which was the principal Reason of Our stay as will We fear be too evidently verified when We are gone unless that Assembly prevent it by more prudent temperate and solid Determinations than these Men are capable of giving or receiving Next they say that for Prevention of those Evils and that the Kingdom should not be utterly lost to his Majesty and his Catholick Subjects they found themselves bound in Conscience to declare against the Continuance of his Majesty's Authority in Us and accordingly in their own Name and in the Name of the rest of the Catholicks of the Kingdom they do declare against the Continuance of his Majesty's Authority in Us having by Our Misgovernment and ill Conduct of the Army and Breach of Publick Faith rendred our Self uncapable of continuing that great Trust any longer To which We answer ☜ That to prevent the Loss of the Kingdom to his Majesty they take the Kingdom to themselves and without so much as making any Address to him or pretending to have received any Direction or Commission from him they declare to the People that they are no longer obliged to obey any Orders or Commands of the Person by Commission authorized from Him but until a General assembly may conveniently be called or until upon application to his Majesty he settle the same elsewhere to observe the form of Government the said Congregation shall prescribe Whereby is to be observed that as they take it upon them when they please and in the highest Temporal Affairs in the World to declare the Sense of the People without their Consent a thing that We have never read or heard was ever till now pretended to by King Pope or Clergy so they evidently assume the Power of dissolving and erecting the Temporal Government of the Kingdom And this they say they found themselves bound in Conscience to do Which being a pretence inscrutable and at all times readily to be taken up can only be answered by the Laws of the Land the will not allow the Excuse of Conscience for taking a Purse on the Highway or to come home to this Matter for Acts of High-Treason For the Clause viz. or until upon application to his Majesty he settle the same elsewhere it is inserted with purpose to abuse the People with a belief of their Loyalty ☜ when they have first incited them to Rebellion Touching the Complaint they say they will make against Us to his Majesty it should in Reason and Justice have
says Mr. Ponce the Irish are delivered and †Catholici hiberniae ab ea pace observanda liberantur ac ad confederationem priorem redire possunt Bishop of Ferns in Epist to Tyâ—ell freed from any obligation to the Peace and ought to resort to their first Confederacy says the Bishop of Fernes However this could not justifie their rejecting of the King's Authority by excommunicating the Lord-Lieutenant at Jamestown because that happened on the 12th of August which was four days before the other Nevertheless the King was exceedingly concerned at this Declaration and the scandal and prejudice it would bring to his Party in Ireland and therefore to obviate as much of the Inconvenience as was possible he hastned over the Dean of Tuam Dr. John King with a Verbal Message to the Lord-Lieutenant importing the necessity of his making the aforesaid Declaration and with what great regret he did it especially so precipitately since it might have been done gradually with Honour the greatest part of the Irish having broken that Peace and that he depended more upon Ormond than upon any Man living and desired him to use his utmost dexterity at this juncture and accordingly his Excellency did immediately write to the Commissioners of Trust as followeth AFter Our hearty Commendations Having lately received Assurance that his Majesty hath been induced to declare the Peace concluded in this Kingdom in the Year 1648 by vertue of Authority from his late Majesty of ever glorious Memory as also of his Majesty now Reigning to be void and that he is absolutely freed therefrom We have thought it necessary for the Vindication of our own Honour freely to declare unto you as well what hath passed from us to his Majesty that might give any colour for such a Declaration as what our resolution is thereupon It is very true that from time to time we endeavoured to give his Majesty a true account of his Affairs committed to our Charge in general and that therein we could not omit informing him of divers Affronts put upon his Authority by means whereof and the Disobediences of the remaining Towns if persisted in we were in dispair of doing him any considerable Service or defending the Kingdom from the Rebels But in our Dispatches we were careful that his Majesty should understand that the Nobility and greater part of the Gentry continued-faithful to his Majesty obedient to his Authority and worthy of his Favour and Protection Whether any of these Dispatches have come to his Majesty's hands or if they have whether before or since his making his Declaration against the Peace we know not but we find that his Majesty's Declaration is principally grounded upon the Unlawfulness of concluding the Peace with this Nation and the breaches on the part of the Nation are mentioned but in general terms and by the by so that however the Affronts put upon his Authority have been many and obstinately persisted in to this day and that in such places whereupon evidently depends the preservation or loss of the whole Kingdom to the Rebels Whereof we have several times given notice unto you and followed the Ways advised by you for reclaiming the said places without any success yet considering the Declaration gained from his Majesty is without hearing what could be said by the Nation in their own defence and such as involves it generally without exception in the guilt of Rebellion and that even those have with greatest Insolence invaded the Royal Authority and endeavoured to withdraw the People from their Allegiance do yet pretend that they will make their Complaint against us to his Majesty thereby implying that they will submit to his Judgement We have thought fit to let you know that notwithstanding the said Declaration by some undue means obtained from his Majesty we are resolved by all means it shall please God to offer unto us and through all Hazards in behalf of this Nation to insist upon and assert the lawfulness of the Conclusion of the Peace by vertue of the aforesaid Authorities and that the said Peace is still valid of force and binding to his Majesty and all his Subjects and herein we are resolved by the help of God to persist until that we and such as shall in that behalf be entrusted and authorized by the Nation shall have free and safe access to his Majesty and untill upon mature and unrestrained Consideration of what may on all sides be said he have declared his Royal Pleasure upon the aforesaid Affronts put upon his Authority provided always that in the mean time and immediately First That all the Acts Declarations and Excommunications issued by the Bishops met at Jamestown in August last whereby the People are forbidden to obey us as Lord-Lieutenant be by them Revoked and such Assurance as shall be agreed on by us and you the Commissioners authorized by us in pursuance of the Articles of Peace given by them that they nor any of them shall not attempt the like for the future and that they shall continue themselves within the Bounds prescribed by the Articles of Peace whereunto they are Parties Secondly That it be immediately declared by you that the said Declarations Excommunications and other Proceedings of the said Bishops is an unwarranted Usurpation upon his Majesty's just Authority and in them a Violation of the Peace and that in case they shall not give the Assurance before expressed or having given it shall not observe the same that you will endeavour to bring the Offenders to condign punishment pursuant unto and as is prescribed by the Laws of the Kingdom as Disturbers of the Peace of the Kingdom and Obstructers of the means of preserving the same Thirdly That a like Declaration be made by all that derive Authority from his Majesty Civil or Martial and by the respective Mayors Aldermen Common-Councel Burgesses and all other Magistrates in all the Corporations of the Kingdom Fourthly That we be admitted to make our free and safe Residence in in any place we shall chuse within the Limits not possessed by the Rebels Fifthly That we immediately be admitted to Garrison such places and in such manner according to the Articles of Peace as we shall find necessary for the defence of the Kingdom Lastly That a present course be taken for means for our Support in proportion answerable to our Place yet with regard to the State of the Kingdom which last we should not propose but that we are deprived of our private Fortune whereupon we have solely subsisted ever since we came to the Kingdom To all which we expect your present Answer And so we bid you heartily Farewel and remain at Enis the 13th of October 1650 Your very Loving Friend ORMOND Which Letter gave great Satisfaction to the Commissioners of Trust as appears by their following Answer May it please Your Excellency YOur Lordship 's of the 23d of this instant we have received and therein to our unexpressible grief we find that his Majesty
hath been induced to declare the Peace concluded in this Kingdom in the Year 1648 to be void and that he is absolved therefrom taking for the principal grounds for such his Declaration the Unlawfulness of the Act. And howbeit we cannot without a very feeling sence of the Grief the Nation with just cause may entertain of the prejudice thereby brought upon them and the blemish cast upon those hearty Endeavours of theirs to restore his Majesty to his former Estate and Power over his Subjects look upon those unexpected Fruits of their Blood and Substance so chearfully spent in his Service yet it greatly comforts us to understand that notwithstanding that Declaration by some undue means obtained from his Majesty your Excellency is resolved by all the means that it shall please God to offer unto you and through all hazards in the behalf of this Nation to insist upon and assert that Peace and persist in so doing until your Excellency and such as shall be entrusted and authorized by the Nation shall have free and safe access unto his Majesty And as to those Proviso's which are expressed as necessary Conditions whereby his Majesty's Authority which notwithstanding that Declaration we still do embrace and reverence may be continued among us besides our general profession to act what lies in our power in the ways of his Majesty's Service and to your Excellency's satisfaction we do return the ensuing Answers And To the first Proviso Concerning the Revocation of those Acts Declaration and Excommunication issued by the Bishops met at Jamestown and the Assurance demanded that nothing in that kind shall be attempted for the future we do humbly answer That your Excellency to whom we have often expressed our Resentment of such their Proceedings may be confident we shall labour so far as in us lies to see your Excellency satisfied in this particular and to that end we will all or some of us with your Excellency's allowance and as you shall think fit repair to Galway to treat with the Prelates upon this Subject To the second We humbly return as answer That albeit we know that by those Censures of the Bishops met at Jamestown his Majesty's Authority was invaded and an unwarranted Government set up contrary to the Laws of the Kingdom and that we are assured no Subject could be justly warranted by that Excommunication to deny Obedience to his Majesty's Authority in your Excellency yet being of opinion that a publick Declaration of this kind in this Conjuncture of Affairs ought properly and would with more countenance and authority move from an Assembly than from us and that by such a publick Declaration now from us we should wholly obstruct the way to prevail with the Prelates to withdraw those Censures or Act what is desired by the former Proviso and likewise endanger what Union there is at present in opposing the Common Enemy and prejudice the hopes of a more perfect Union for the future wherein the preservation of the Nation doth principally consist We do therefore humbly beseech your Excellency to call upon an Assembly of the Nation from whom such a Declaration as may be effectual in this behalf and may settle those Distractions can only proceed Yet if in the mean time and before the meeting of that Assembly those Censures now suspended shall be revived we will endeavour to suppress their influence upon the People by such a Declaration as shall become Loyal Subjects and Men entrusted to see all due Obedience paid to his Majesty's Government over this Kingdom To the third We do humbly return as answer That we shall at all times and in such manner as your Excellency shall think fit to prescribe invite all or any his Majesty's Roman Catholick Subjects to such a Declaration which yet until we shall understand the Clergy's sence upon the first Proviso we do humbly represent as fit for a time to be forborn To the fourth We humbly return as answer That whatsoever your Excellency shall find to be properly within our power and will direct to be done for procuring a free Residence for your Person in any place you shall chuse within the Limits not possessed by the Rebels we shall readily obey your Lordship's Commands therein To the fifth We humbly return as answer That upon debate with your Excellency of the place fit for to be Garrisoned and the number of Men fit to be received thereinto we shall according to the Articles of Peace use our utmost endeavours to have such Garrison so agreed upon admitted To the last We humbly return as answer That as we have at all times heretofore been ready and willing your Excellency's Charge should be supported out of the Revenue of the Kingdom so we are now very ready to concur in assigning any of the Dues already accrued or such as shall grow due hereafter or to impose a new Applotment upon the Subject towards your Excellency's Maintenance Thus humbly taking leave we remain Junis 24th Octob. 1650. Your Excellency's Most Humble Servants Athunry Lucas Dillon Rich. Bellings Jeff. Browne N. Plunket R. Barnewall R. Everard Gerald Fennel Upon receipt of this his Excellency did Indict a General Assembly to meet at Loghreagh on the 15th of November and in the mean time did give his consent that some of the Commissioners of Trust should repair to Galway to treat with the Committee of the Congregation there and accordingly Sir Lucas Dillon Sir Richard Barnwall Sir Richard Everard Mr. Beling Mr. Brown and Dr. Fennel went thither and proposed First A Letter of the Lord-Lieutenant's to them from Ennis 23d of October already mentioned Secondly They shewed the King's Declaration made touching the Covenant and the Disavowing the Peace and acquainted them with the present Condition of the Kingdom as in relation to the King's Party engaged to the Covenant and in relation to the Independents and urged that the only seeming Safety to the Nation is in that of the Peace Thirdly They desired to know of that Committee what they conceived would most conduce to the Preservation of the Nation and themselves Fourthly They proposed that an Union cannot be had or preserved for preservation of the Nation without keeping the King's Authority amongst them for that many even considerable Men will instantly make their Conditions with the Enemy the King's Authority being taken away and that there is no hopes of having that Authority left but by revoking the Excommunication and Declaration for it will not be left by the Lord-Lieutenant nor undergone by Clanrickard but upon those Terms To these Proposals the Committe gave the following Answer upon which as far as they related to himself the Lord-Lieutenant made some Animadversions which I have opposed to the Answers in a different Colume The Committee's Answer First THE abovementioned Letter was read containing his Excellency's Undertaking for asserting the Peace and his Demand of two Proviso's to that end where we observe his Excellency informed his Majesty of certain
since the 23d of Octob. 1641. to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to his Majesty on before or since the 23d of Octob. 1641. until the perfection of these Articles and likewise to all Measne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to his Majesty since the said 23d of October and before until the perfection of these Articles for by reason or which lay within the survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to discharge or remit any of the Kings Debts or Subsidies due before the said 23d of Octob. 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Rom. Catholick Subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them as the said L. Lieut. otherwise shall think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them as to the Actors and Procurers thereof be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Tho. Lord Viscount Dillon c. or any seven or more of them and that the power of the said Commissioners shall continue only for two years next ensuing the date of their Commission which Commission is to issue within six Months after the Date of these Articles Provided also that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted shall hear order and determine all Cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases and his Majesties chief Governor or Governors and other Magistates for the time being in all his Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same and that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said act under pain of 20 l. sterling And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of general pardon or oblivion enlarging his Majesties grace and mercy not herein particularised be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any Treason Felony or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken or construed or to be Treason Felony or other Offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon c. or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supream Councels Commissioners general appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or publick Taxes to be accounted for since the 23. of Octob. 1641. and not disposed of hitherto to the publick use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon c. or any seven or more of them the said act or any thing therein contained to the contrary notwithstanding 19. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that an act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy-Councel or Judges of the four Courts be Farmers of his Majesties Customs within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that an act of Parliament pass in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them to set down the rates for the Custom and Imposition to be laid on Aquavitae Wine Oile Yarn and Tobacco 21. Item It is concluded accorded and agreed and his Majesty is graciously pleased that such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be as soon as may be authorised by Commission under the great Seal to regulate the Court of Castle-Chamber and such Causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon
and his Majesty is graciously pleased that two Acts lately passed in this Kingdom one prohibiting the Plowing with Horses by the Tail and the other prohibiting the burning of Oats in the Straw be repealed 23. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased for as much as upon application of Agents from this Kingdom unto his Majesty in the fourth year of his Reign and lately upon humble suit made unto his Majesty by a Committee of both Houses of the Parliament of this Kingdom order was given by his Majesty for redress of several grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of his Majesties said former directions for redress therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties Service that the warning mentioned in the 24. Article of the graces in the fourth year of his Majesties Reign be so understood that the warning being left at the persons dwelling Houses be held sufficient warning and as to the 22. Article of the said graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concerns warning and process shall be omitted 24. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an appeal the party grieved is to appeal to his Majesty in the Chancery of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdom if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and until the said Parliament the Admiralty aâ—d Maritine causes shall be ordered and settled by the said Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dilion c. or any seven or more of them 25. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that his Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately raised on the Commission of defective Titles in the Earl of Straffords Government this to be by Act of Parliament and that in the mean time the said Rents or increase of Rents shall not be written for by any process or the payment thereof in any sort procured 26. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that by Act to be passed in the next Parliament all the arrears of Interest mony which did accrue and grow due by way of debt mortagage or otherwise and yet not satisfied since the 23. of October 1641. until the perfection of these Articles shall be fully forgiven and be released and that for and during the space of three years next ensuing no more shall be taken for use or interest of mony then five pounds per centum And in cases of equity arising thro' disability occasioned by the Distempers of the times the considerations of equity to be a like unto both parties but as for mortgages contracted between his Majesties Roman Catholick Subjects and others of that party where entry hath been made by the mortgagers against Law and the condition of their mortgages and detained wrongfully by them without giving any satisfaction to the mortgages or where any such mortgagers have made profit of the lands mortgaged above country charges yet answer no rent or other consideration to the mortgagees the parties grieved respectively to be left for relief to a course of equity therein 27. Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased that immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon c. shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon c. His Majesties Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead or shall miscarry himself or be so disabled and that the same shall be such person as shall be allowed of by the said Thomas Lord Viscount Dillon c. or any seven or more of them then living And that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and leavy means with indifferency and equality by way of Exercise or otherwise upon all his Majesties Subjects within the said Kingdom their persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for his Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by his Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them not to be maintained at the charge of the publick provided that his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of levying thereof and that he approve the same and to the end that such of the Protestant party as shall submit to the peace may in the several Counties where any of their Estates lieth have equality and indifferency in the Assessements and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and his Majesty is graciously pleased that in the