His Majesties Protestant Subjects and their Adherents respectively 7. It is Concluded and Accorded that what Corn hath been Sown by any of His Majesties Army or by any of his Protestant Subjects or their Adherents or by any of them within any of the Quarters allotted in the Province of Leinster to the said other Party the same shall be enjoyed by the Sowers and Manurers paying for the same as they did agree and in case they did not agree paying the Fourth Sheaf unto such Garrison within whose Quarters the same shall fall And that in case any of the said Roman-Catholick◠Subjects now in Arms c. or any of their Party have Sown Corn within any the Quarters alotted in the Province of Leinster to the said other Party the same shall be enjoyed by the Sowers and Manurers paying for the same as they did agree and in case they did not agree paying the Fourth Sheaf unto such Garrisons within whose Quarters the same shall fall And it is likewise Concluded and Accorded that those Places which have been Protected by the Lords Justices or any Officer of His Majesties Army do pay according to the Agreement which was made and if no Agreement were made to pay the Fourth Sheaf to those Garrisons or Persons who Protected them in whose soever Quarters they are◠And this to continue for a Rule other than as to so many of those Garrisons who granted such Protection and are since regained by the said Party or some of them for whom the said Donnogh Viscount Muskery and the Persons above named are authorised as aforesaid And that the Tenants of the Town of Balliboght in the County of Dublin if they have not been protected shall pay according to agreement and if no Agreement made then the Fourth Sheaf and to continue their Possessions during this Cessation And it is further Concluded and Accorded that where His Majesty on any of His Protestant Subjects or their Adherents shall happen to have any Garrison or Garrisons within the Quarters set forth in the next precedent Article for the said other Party that such Garison and Garisons shall have such competency of Lands as well profitable as unprofitable now termed waste as shall be found necessary for them by any indifferent Commissioners to be appointed for that purpose 8. It is concluded and accorded that the Quarters in the Province of Munster be as followeth viz. That the County of the City of Cork and so much of the County of Cork as is within the subsequent Garrisons viz. From Youghall to Mogeely thence to Formoy thence to Michelstown thence to Liscarroll and so in a line from Michelstown and Liscarroll northward as far as His Majesties out-Garrisons on that side do extend and from Liscarroll to Mallow thence to Cork thence to Carrig-Croghan thence to Rochfordstown thence to Bandonbridge thence to Timmoleage and thence forward to the Sea together with the said Garrisons shall during the said Cessation remain and be in the Possession of His Majesties Protestant Subjects and of such as adhere unto them Saving and excepting to the said Roman Catholick Subjects now in Arms c. and their party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which on the said Fifteenth Day of September 1643 ☜ at the hour aforesaid are possessed in the said Counties or any of them by any of the said Roman Catholick Subjects now in Arms c. and their party And that the residue of the said County of Cork shall likewise remain to the said party last named saving and excepting to His Majesties Protestant Subjects and their Adherents all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which on the said Fifteenth Day of September 1643 ☜ at the hour aforesaid are possessed in the last mentioned Quarters by them or any of them And that the County of Tipperary the County of Limerick the County of the City of Limerick the County of Kerry the County of Waterford the County of the City of Waterford and the County of Clare shall during the said Cessation remain and be in the possession of the said Roman Catholick Subjects now in Arms c. and their party Except Knockmorn Ardmore Piltown Cappoquin Ballinetra Stroncally Lismore Balliduffe Lisfinny and Tallow all scituate in the County of Waterford or as many of them as are possessed by His Majesties Protestant Subjects and their Adherents the said fifteenth Day of September 1643 at the hour aforesaid and likewise except all such Castles Towns Lands Territories and Hereditaments thereunto belonging as within the said Counties respectively on the said fifteenth Day of September 1643 at the hour aforesaid are possessed by any of His Majesties Protestant Subjects or such as adhere unto that party respectively in the said County of Waterford and the rest of the last mentioned Counties And it is concluded and accorded that the like rule for Corn sown and what shall be payed by places protected and for the laying out wasts for the respective Garrisons shall be observed in the Province of Munster as it is set down for Leinster 9. It is concluded and accorded that the quarters in the Province of Vlster be as followeth viz. That such Counties Baronies Lands Tenements and Hereditaments in the Province of Vlster which the said fifteenth Day of September 1643 at the hour aforesaid are possessed by any of His Majesties Protestant Subjects or any that adhere unto them and all places protected by any Commander deriving Authority from His Majesty shall during the said Cessation remain entirely in the hands and in the possession of His Majesties Protestant Subjects and such as adhere unto them excepting such Castles Lands and Hereditaments as on the fifteenth Day of September 1643 at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. or their party And that all such Counties Baronies Lands Tenements and Hereditaments in the said Province which on the said fifteenth of September 1643 at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. and their party shall remain entirely during this Cessation in the hands and possession of the said Roman Catholick Subjects now in Arms c. and their party saving and excepting throughout all places protected by any Commander deriving Authority from His Majesty and likewise excepting there-out all such Territories Castles Towns Lands Tenements and Hereditaments which on the said fifteenth Day of September 1643 at the hour aforesaid are possessed by any of His Majesties Protestant Subjects or such as adhere unto them And it is concluded and accorded that the like rule for Corn sown and what shall be payed for protected places and for the laying down of wasts for the respective Garrisons shall be observed in the Province of Vlster as is set down for Leinster 10. It is concluded and accorded that the quarters in the Province of Connaght be
as followeth viz. That the County of Galway the County of the Town of Galway the Counties of Mayo Roscomon Sligo and Letrym in the Province of Connaght and all such Castles Lands Tenements and Hereditaments in the said Province which the said fifteenth day of September 1643 at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. and their party shall during the said Cessation remain entirely in the possession of the said Roman Catholick Subjects now in Arms and their party excepting all such Territories Castles Lands Tenements and Hereditaments within the said several Counties which upon the said fifteenth of September 1643 at the hour aforesaid are possessed by any of His Majesties Forces or by their party or by any of them and that those who after taking protection of any of His Majesties Forces or any of that party or from any Governors deriving Authority from His Majesty there have joined themselves to the said Roman Catholick Subjects now in Arms c. and their party shall pay no Contribution unto such who protected them But in regard there may be a rule different touching Persons that may be said to do this and consequently touching the Contributions payable by them It is concluded and accorded that such Disputes and Questions if any shall arise be determined by Commissioners indifferently chosen on each side and it is concluded and accorded that the like rule for sowers and manurers of Corn within the Quarters of each other shall be observed in the Province of Connaght as is set down for Leinster 11. It is concluded and accorded and the said Marquess of Ormond for and in the Name of His Majesty doth promise and undertake that no interruption shall be given unto any of the said Roman Catholick Subjects now in Arms c. or their party in any of the said Counties Quarters or Places by the said precedent Articles unto them or any of them limited as aforesaid during this Cessation like as the said Donnogh Viscount Muskery and the rest of the above named Persons who are authorized as aforesaid do promise and undertake that no Interruption shall be given unto any of His Majesties Forces Protestant Subjects or such as adhere unto them within any of the said Counties Quarters or Places by the precedent Articles limited unto them as aforesaid during the said Cessation 12. It is concluded and accorded that no Officer of the Army or Souldier of either side shall be admitted without licence from the Commander in chief of the Army on both sides or of the Commander of the next chief Garrisons respectively to pass or repair into any Garrison on either side save that it be lawful for either party to furnish any Garrison in their power during the Cessation with Victuals Cloth Ammunition or other Necessaries by licence as aforesaid which is not to be denied upon demand 13. It is concluded and accorded that if any Army or Forces in this Kingdom raised by His Majesties Authority or any part thereof or any other His Majesties Subjects shall not yeild obedience to the Articles of this Cessation but shall publickly stand in opposition thereunto that the said Roman Catholick Subjects now in Arms c. and their party may prosecute such And the said James Marquess of Ormond doth promise and undertake that such who shall so stand in opposition shall not be assisted protected or defended against the said Roman Catholick Subjects now in Arms c. or their party by His Majesty or any of his Forces And yet nevertheless the same shall not be understood to be any breach of Cessation as to other parts of the Kingdom which shall conform and yeild thereunto And whereas the assistance of His Majesties Forces is desired by the said Roman Catholick Subjects now in Arms c. against such as shall oppose the Articles of this Cessation and will not yeild obedience thereunto or interrupt the Trade and Traffick albeit that it is not to be supposed that there will be any such the said James Marquess of Ormond doth further promise and undertake that their said request shall be made known to His Majesty and upon signification of his pleasure the same shall be obeyed 14. It is concluded and accorded that if in other cases it be pretended on either side that the Cessation is violated that yet no Act of Hostility is immediately to follow but first the party complaining is to acquaint the Lord General Lieutenant-General or other chief Commander of either side in that Province in which the said Cessation is pretended to be violated therewith and to allow fourteen days after notice given for reparation or satisfaction and in case reparation or satisfaction be not given or tendred then fourteen days notice to be given before Hostility begin 15. It is concluded and accorded that all Prisoners and Hostages of both sides in all parts of the Kingdom excepting such of them as are indicted of any Capital offence shall be mutually released and set at liberty within seven days after publication of the said Cessation And the said Marquess of Ormond doth further promise and undertake that such Prisoners who are indicted of any Capital Offence shall be set at liberty upon Bail until His Majesties further Pleasure be known therein Provided nevertheless that if any party of His Majesties Army in any other Province of the Kingdom shall not within ten days after Publication of these Articles yeild obedience thereunto that the same shall be no breach of Cessation but that His Majesty be first made acquainted with such Disobedience and his direction expected therein And that all other Persons that do reside with either party and all Women and Children shall be permitted within seven days after publishing of this Cessation or when they please with their Goods and Chattles to depart to what place they please with a safe conduct or convoy if they desire it 16. It is concluded and accorded that the said Roman Catholick Subjects now in Arms c. and their party may at any Time during the Cessation send such Agents to His Majesty as they shall think fit And that the said Agents shall have safe Conduct in writing from the chief Governor or Governors of this Kingdom for the time being upon demand 17. It is concluded and accorded and the said Marquess of Ormond doth promise and undertake for and in the Name of His Mujesty that all and every of the precedent Articles which have been agreed unto and undertaken by the said Marquess for and in the behalf of His Majesty shall be faithfully truly and inviolably observed fulfilled and kept And the said Viscount Muskery c. For and in the behalf of the said Roman Catholick Subjects now in Arms c. and their party do promise and undertake that all and every of the precedent Articles which have been agreed unto and undertaken by them for and in the behalf of their party shall be faithfully
and His would cut their Throats for he was resolved to be of the strongest Side and though he would help them whilst they sought he would certainly turn against them if they fled But the English Valour needed not such a Whet for according to their Custom they fell upon and routed the Enemy and marched to Limrick and relieved the Garrison which produced a Parley Easter-Tuesday and that a new Submission and Hostages as well from Daniel Prince of Limrick as from Rotherick late Monarch of Ireland who sent his Son over to the King as Hostage of the Peace 1177. and afterwards by his Agents the Archbishop of Tuam the Abbot of S. Brendam and Laurence his Chaplain entred into the following Agreement Hic est finis Concordia quae facta fuit apud Windesore Hanmer 144. in octabis Sancti Michaelis anno gratiae 1177. inter Dominum Regem Angliae Henricum secundum Rodericum Regem Conaciae per Catholicum Tuamensem Archiepiscopum Abbatem C. Sancti Brandani Magistrum Laurentium Cancellarium Regis Conaciae I. QVod Rex Angliae concedit praedicto Roderico Ligeo homini suo Regnum Conaciae quamdiu ei fideliter serviet ut sit Rex sub eo paratus ad servitium suum sicut homo suus ut teneat terram suam ita bene in pace sicut tenuit antequam Dominus Rex Angliae intravit Hiberniam reddendo ei tributum totam illam terram habitatores terrae habeat sub se Justitiae ut tributum Regi Angliae integre persolvant per manum ejus sua jura sibi conservent illi qui modo tenent teneant in pace quamdiu mansuerint in fidelitate Regis Angliae fideliter integre persolverint tributum alia jura sua quae ei debent per manum Regis Conaciae salvo in omnibus jure honore Domini Regis Angliae suo II. Et siqui ex eis Regi Angliae ei Rebelles fuerint tributum alia jura Regis Angliae per manum ejus solvere noluerint à fidelitate Regis Angliae recesserint ipse eos justitiet amoveat si eos per se justitiare non poterit Constabularius Regis Angliae familia sua de terra illa juvabunt cum ad hoc faciendum cum ab ipo fuerint requisiti ipsi viderint quod necesse fuerit propter hunc finem reddet proedictus Rex Conaciae Domino Regi Angliae tributum singulis annis scilicet de singulis decem animalibus unum Corium placabile mercatoribus tam de tota terra sua quam de aliena III. Excepto quod de terris illis quas Dominus Rex Angliae retinuit in Dominio suo in Dominio Baronum suorum nihil se intromittet Scilicet Durelina cum pertinentiis suis Media cum omnibus pertinentiis suis sicut unquam Murchait Wamai Leth-Lachlin eam melius plenius tenuit aut aliqui qui eam de eo tenuerint Et excepta Wexfordia cum omnibus pertinentiis suis scilicet cum tota Lagenia excepta Waterfordia cum tota terra illa quae est à Waterfordia usque ad Dungarvan ita ut Dungarvan sit cum omnibus pertinentis suis infra terram illam IV. Et si Hibernenses illi qui aufugerint redire voluerint ad terram Baronum Regis Angliae redeant in pace reddendo tributum praedictum quod alii reddunt vel faciendo antiqua servitia quae facere solebant pro terris suis hoc sit in arbitrio Dominorum suorum si aliqui eorum redire noluerint Domini eorum Rex Conaciae accipiat obsides omnibus quos ei commisit Dominus Rex Angliae ad voluntatem Domini Regis suam ipse dabit Obsides ad voluntatem Domini Regis Angliae illos vel alios ipsi servient Domino de Canibus Avibus suis singulis annis de pertinentiis suis nullum omnino de quacunque terra Regis sit retinebunt contra voluntatem Domini Regis His testibus Richardo Episcopo Wintoniae Gaufrido Episcopo Eliensi Laurentio Duveliensi Archiepiscopo Gaufrido Nicholao Rogero Capelanis Regis Gulielmo Comite Essexii aliis multis Whilst Reymond staid at Limrick there came to him Dermond Mac Carthy King of Cork craving Aid against his Son Cormock Lehanagh who had imprisoned him and used him barbarously Reymond assents upon the Terms agreed between them conquers where he goes subdues the Rebellious Son and delivers him Prisoner to his Father who unnaturally smote off his Head and not long after says Cambrensis the Men of Cork at a Parlee not far from the Town slew their Prince the aforesaid Dermond mac Carthy and most of his Company It seems that Dermond mac Carthy King of Cork gave unto Reymond for this Expedition a large Tract of Land in the County of Kerry then reckoned part of the Kingdom of Cork there Reymond setled his Son Maurice who married Catherine Daughter of Miles Cogan and grew so Great and Powerful that he gave Name both to his Country and his Family this being called Fitz-Morris and that Clan-Morris and both the one and the other are enjoyed to this Day by his Lineal Heir Male the Right Honourable William Lord Baron of Kerry Whilst Reymond was in the County of Cork he received a Letter from his Wife in these Words KNow my dear Lord That my great Cheek Tooth which was wont to ake so much is now fallen out wherefore if you have any Care or Regard of me or of your self come away with all speed By this Reymond knew that Strongbow was dead 27 May 1177. but he wisely concealed it and immediately returned to Limerick And because he wanted the Soldiers to garrison the Towns near the Sea he delivered the City to Donald Prince of Thomond the King's Subject upon a new Oath and Hostages but he as soon as the Garrison was out perfidiously set Fire to the City in four Places that it might be no more a Nest for English Men. Thence Reymond marched to Dublin and the Funerals of the Earl were there solemnized by the Archbishop of Dublin The King's Messengers returned to England with an account of the State of Affairs leaving with the Consent of the Council the chief Government with Reymond who soon after surrendred to William Fitz-Adelm Ancestor of the Burks or Burghs the King's Sewer or Taster with whom were sent Courcy Fitz-Stephens and Cogan as Counsellors and Assistants He was allowed twenty Gentlemen and they ten a piece He landed at Wexford whither Reymond marched to meet him he viewed the Sea-Coasts and took Care of the Towns and Castles that way but did not much mind the Frontiers against the Irish This William Fitz-Adelm was related to the Crown for Arlotte Mother of William the Conqueror was married to Harlowen de Bourgo by whom she had Robert
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
Andrew Birmingham Nicholas de London and many others were slain and though the Lord Justice lost his Son Richard Lord of Athenry who died about this time yet all this did not hinder him from attending the King but he left in his place Ralph de Gorges Lord Deputy or Governor who continued so until the Second Day of February 1323. and then he was superseded by Sir John Darcy 1323. Lord Justice in whose time Philip Talon and his Son Fragm 7. and eight and twenty others were kill'd by Edmond Butler Rector of Tillagh and amongst the Records in the Tower of London Anno 15. E. 2. This notable Memorandum is to be found viz. In Abbathia Melifontis talis inolevit Error Lib. GGG quod nullus ibi admittatur in domum praedictam nisi primitus facta fide quod Non sit de genere Anglorum About this time Sir Henry Traherne took Mac Morough and kill'd O Nolan and four and twenty of his Followers It seems the King was muâ—h in the Favour of Pope John the twenty second for besides the aforesaid Release of the Peter-Pence the Pope did this Year 16 Edw. 2. impose a Disme on the Irish Clergy for two Years Lib. GGG payable to the King and commanded the Dean and Chapter of Dublin to levy it but the Prelates and Clergy refused to pay it to them unless they would shew the Original Bull. But on the the twenty fourth of November Vide postea ad annum 1344. at Notingham the King by assent of his Council made and published most excellent Ordinances for the Reformation of Ireland Pryn. 264. which are to be found at large in Mr. Pryns Animadversions on the fourth Institutes and are to this effect I. That no Officer of the Kings in Ireland whilst in Office shall purchase Lands or Tenements within their Jurisdiction on Pain of forfeiting the same II. That no Man by colour of his Office take Victuals or any other thing without the consent of the Party unless in case of Necessity for the Publick and then he must have the Advice of the greatest of the Council and a Writ out of the Chancery or unless he have the King's Letters or an Order from the Chancery of England III. That the Exportation of Corn to England or Wales be not hindered the Party paying the usual Customs be he Native or Stranger and giving Security not to carry it to our Enemies IV. That the Lord Justice take but four Pence for the Seal and two Pence for the writing of a Bill of Grace and that the Marshal take but four Pence for a Commitment V. No Protections or Pardons to be granted to Felons without special Order under one of the Seals of England VI. No Writs to be obeyed except such as are under the great Seal or the Seal of the Exchequer if the matter concerns that Court Lastly That the Lord Justice shall not adjourn Assizes before him unless he be present in the same County nor for any longer time than he continues there And at the same time a Writ issued to the Chancellor of Ireland Ibid. 26â— to Publish Enrol and Observe the aforesaid Ordinances and to send the Exemplifications of them to the rest of the Courts By reason of the fourteen Years Truce the King had made with the Scots 1325. there was not much other Disturbance in Ireland than what was occasioned by private Murders Walter de Valle and his Son were slain near Nenagh and the Lord John Barry of Hely a very stout Man was murthered by the O Kerals and therefore to fill up this Space I will insert the Famous or rather foolish Story of Alice Kettle in the Words of my Author In those Days lived in the Diocess of Ossory Holingshead 69. the Lady Alice Kettle whom the Bishop ascited to purge her self of the Fame of Inchantments and Witchcraft imposed unto her and to one Petronil and Basil her Complices She was charged to have nightly Conference with a Spirit called Robin Artisson to whom she sacrificed in the High-way nine red Cocks and nine Peacocks Eyes Also that she swept the Streets of Kilkenny between Complin and Twilight raking all the Filth towards the Doors of her Son William Outlaw murmuring and muttering secretly with her self these Words To the House of William my Son Hie all the Wealth of Kilkenny Town At the first Conviction they abjured and did Penance but shortly after they were found in Relapse and then was Petronil burnt at Kilkenny the other twain might not be heard of she at the Hour of her Death accused the said William as privy to their Sorceries whom the Bishop held in Durance nine Weeks forbidding his Keepers to eat or drink with him or to speak to him more than once in the Day but at length through the Suit and Instance of Arnold le Powre then Seneschal of Kilkenny he was delivered and afterwards he corrupted with Bribes the Seneschal to persecute the Bishop so that he thrust him into Prison for three Months In rifling the Closet of the Lady they found a Wafer of Sacramental Bread having the Devil's Name stamped thereon And a Pipe of Oyntment wherewith she greased a Staff upon which she ambled and galloped through thick and thin when and in what manner she listed This Business about these Witches troubled all the State of Ireland the more for that the Lady was supported by certain of the Nobility and lastly conveyed into England since which Time it could never be understood what became of her At Whitsontide 1326. the Parliament met at Kilkenny and thither the Earl of Vlster and most of the Nobility came what they did does not appear Lib. GGG saving that five thousand Quarters of Corn were sent out of Ireland to Aquitain for the King's use about this time and it is probable they raised Mony to pay for it Cambden tells us That the Earl of Vlster made a great Feast at this Parliament and that not long after he died But we must make a step to England before we can come to an end of this Unfortunate Reign and there we shall find the King for his Male administration in Disgrace with his People and which was worse reduced under the Power and Scorn of an Adulterous Wife the consequence of these things was That he was first imprisoned and afterwards murthered in Berkly Castle In this King's Reign flourished the famous Irish Philopher Johannes Dunus Scotus commonly stiled Doctor subtilis And it was in the same Reign that the Lord Mortimer Owner to Proprietor of Leix now Queens County being obliged by his Inclination or Business to reside in England did entrust one of the Omores with the management of his Estate but in process of time the Irishman sets up for himself and for a long time enjoyed that Country and still pretends a Right to it although his Claim is built on this perfidious and ungrateful Foundation Davis 198
annexed to the Crown But two of the Burks seized upon most part of the Estate and divided it between them and knowing they could not hold it by the Law of England they confederated with the Irish and changed their Language Apparel Customs and Manners Nay their very Names were altered into those of Mac William Eighter and Mac William Oughter and by these means they have made a shift to keep some part of that mighty Estate for many score years The Lord Justice to revenge the Murder of the Earl of Vlster which made a great noise in Ireland call'd a Parliament by whose advice he went by Sea to Carigfergus on the first of July and by help of the Country People he destroyed the Murderers and their Abettors and thence with his Army he sailed into Scotland where he did very good Service But the Parliament sitting in England Cottons Rec. the 15th of March it was there resolved That because the Kings Affairs required him in France his Irish Voyage should be postpon'd for a year so as Aid might be sent in the mean time but it seems that the Scots so allarm'd him in the North that he performed neither the one nor the other Voyage And though both Houses apart advised the King to send Supplies of Men and Money to Ireland and gave him one Disme and one Fifteenth to that purpose yet I do not find that any considerable Recruits were sent thither but instead of that a Commission was sent to treat with the Rebels Prin 270. Whilst the Lord Justice was beyond Seas the Government was managed by Thomas de Burgh Lord Treasurer but it was not long before Darcy return'd with honour and releas'd Walter de Birmingham out of Prison in February following and soon after Sir Simon Archdeacon and others were slain by the Irish in Leinster Ibid. And the young Lord Roch prevail'd with the King to reduce to ten pounds a Fine of two hundred Marks impos'd on his Father for absenting himself from the Parliaments of 20 Edw. 2. and 2 Edw. 3. to both which he was summoned Maurice Fitz-Girald broke his Leg by a Fall from his Horse and was thereby hindred from repairing to England as he had promised and designed 1335. but now being recovered he went thither and was well received by the King and created Earl of Desmond 1336. 9 Ed. 3. On the 9th of August the English gave the Irishmen a great Defeat in Connaught Campion 88. and with the loss of one man slew ten thousand of their enemies and not long after the Lord Justice was removed and Sir John Charleton came over Lord Justice 1337. and brought with him his Brother Thomas Bishop of Hereford Lord Chancellor John Rice or ap Rees Lord Treasurer and two hundred Welsh Soldiers he called a Parliament at Dublin to which the Archbishop of Armagh designed to come Pryn. 409. and in order to it made great Preparations at S. Mary Abby but the Archbishop of Dublin would not permit him to advance his Cross in that Diocess till the King sent his Writs as well to the Archbishop as to the Corporation of Dublin not to molest the Primate Thomas Charleton 1338. Bishop of Hereford Governour of Ireland he caused Sir Eustace Poer and Sir John Poer to be imprisoned in the Castle of Dublin on the third Day of February And this Winter there was so great Frost and Snow from the second Day of December to the tenth Day of February that they Plaid Danced and roasted Fish on the Ice upon the River of Liffy And now again 1339. were all the Irish in Arms especially in Munster but the Earl of Desmond so well managed Matters there that he slew one thousand two hundred Men in Kerry and took Nicholas Fitz-Maurice Lord of Kerry Prisoner and kept him in Durance till he died Cambden 187. because he had joyned with the Irish against the King and the Earl Nor had the Earl of Kildare worse Success in Leinster for he pursued the O Dempsies so close that many of them were drowned in the River Barrow and the greatest Booty that ever was taken in that Country was brought by the Lord Justice and the English from Idrone in the County of Caterlogh about the latter end of February and in April following the Lord Justice being sent for to England resigned to Roger Outlaw 1340. Prior of Kilmainham Lord Justice he died the February following and by the Kings Patent constituted John Lord Darcy L. Justice during Life but he came not afterwards into Ireland but in May following sent over Sir John Morris 1341. Lord Deputy to whom the Inhabitants of Ireland did not pay that respect which was due to his Character for the English Irish were how grown so proud that they disdain'd to be under the authority of a Knight And therefore to mortifie them it was resolved to make a general Resumption of all Lands Liberties Signiories and Jurisdictions which this King or his Father had granted in Ireland QVia plures excessivae Donationes Terrarum Tenement 15 E. 3. m. 14 Libertatum in Terra Hibern ad minus veracem subdolem suggestionem potentium quam per Ed. 2. quam per Regem nunâ— facta sunt c. Rex delusorias hujusmodi Machinationes volens elidere de concilio peritorum sibi assistent omnes donationes Terrarum Tenement Libertat praedict duxit 〈◊〉 c. quousque de meritis personarum ac de causis conditionibus donationum praedict fuerit informat ideo Mandâ—â— est Justiâ— regni Hibern quod omnia Terras Ienementa c. praedict perdict Reges Justic aut locum tenentes suos quibuscunque personis fact seisire facias c. It cannot be expressed what Fewds Davis 138. that it was by good advice Heart-burnings and Dissatisfactions this one unadvised Act did create it was the rise and occasion of a distinction between the English of Blood and the English of Birth which had like to be fatal to the whole Kingdom Pryn. 272. all the old English were disobliged by this procedure and without their assistance the King could not keep much less enlarge his Interest in Ireland To qualifie this Matter and to allay these Heats 1342. a Parliament was summoned to meet at Dublin in October but the Earl of Desmond and other Great Men of that Faction openly refused to come and on the contrary they confederated with the Corporations and some Cities and the rest of the Male-contents and without consulting the Government they appointed a General Assembly at Kilkenny in November following and there they did accordingly meet and the Lord Justice had not Power to hinder them nor did he dare to come to them This Assembly sent Messengers to the King with their Complaints couched in these three Queries I. How a Realm of War could be governed by a Man unskilful in all war-like Service II. How an
Officer under the King that entred very poor could in one Year heap up more Wealth than Men of great Estates in many Years And III. How it chanced since they were all called Lords of their own that the Sovereign Lord of them all was never the richer for them The King who knew what they aimed at was very unwilling to restore the Lands and Jurisdictions he had resumed and therefore tryed all other ways to reform the Kingdom and please the People He turned out many of his Judges and Officers that were most obnoxious particularly Elias de Ashbourn whose Estate he caused to be seized Thomas de Montepessulano and Henry Baggott Judges of the Common Pleas He sent a Writ to the Lord Deputy to certifie the Qualities Services Fees Number and Behaviour of his Officers in Ireland He ordered that all Pardons or Suspensions of the King's Debts that were by green Wax or otherwise except Pardons or Releases under the great Seal should be vacated and the Debts levyed He also commanded the Lord Justice Darcy or his Deputy to employ no others in any considerable Office than such Englishmen as had Estates in England and to turn out all that were not so qualified And also enjoyned him not to alien or grant any of the King's Lands until he be fully informed of the Circumstances by Inquisition And whereas the Treasurer of the Exchequer did claim a Privilege to dispose of any Sum under one hundred Shillings toties quoties as he pleased without Voucher or Account the King supersedes that evil Custom and orders him to account for what is past since the beginning of his Reign and to issue no more Mony without the Presence or Consent of the Lord Justice Lord Chancellor and Council And whereas the Treasurer used to name Sheriffs that Nomination is conferred on the Chief Governour and Chancellor and Council who are enjoyned to put in Persons fit for the Office And whereas the Treasurer for Rewards used to forbear the King's Debts so that many of them were lost that Practice is also prohibited for the future And the Treasurer is ordered Not to receive the King's Mony in his Chamber or elsewhere privately but only in the publick Office The King also sent a Writ to be certified of the Particulars which were seized by virtue of the aforesaid Writ of Resumption And John Darcy Senior had an Order to have his Part of those Lands restored The Lord Justice the Deputy and the Chancellor or any two of them were authorized to supervise and regulate the Exchequer And yet all this and whatever else the King could do did not quiet the Kingdom until there was a general Restitution of these resumed Estates which was done 26 Edw. 3. And it must not be forgot that Walter Archbishop of Ardmagh Pryn 277. being in the time of Edw. 2. advanced to that See by the Popes Provision wherein were some Clauses prejudicial to the Crown the King refused to restore the Temporalities unto him until he had renounced all Clauses in the Pope's Bulls prejudicial to the King or his Kingdoms and engaged to pay a Fine of one thousand Crowns for that Misdemeanour but the Archbishop died before the Fine was paid And about this time Process issued to levy the same on the Temporalities of his Successor but it was irregular and illegal and therefore the King superseded that Process and directed that it should be levyed of the Heirs or Executors of the said Walter And about this time John Larch Prior of the Hospital of S. John of Jerusalem in Ireland and Mr. Thomas Wogan were sent to the King by the Prelates Earls Barons and Commons of Ireland with a long Catalogue of the Grievances of those Times to be seen at large together with the King's Answer in Mr. Pryns Animadversions 279. But Whether these Agents were sent from the Parliament at Dublin or the discontented Assembly at Kilkenny non constatâ— But 't is certain that not long after the Lord Justice was removed and Sir Ralph Vfford came over Lord Justice 1334. he married the Countess Dowager of Vlster and was a grave severe Man and the likeliest Person of that Age to reduce the Seditious to their Duty however the Irish and the old English speak very hardly of him and after they had given him the worst Character imaginable they add That there was a continual Tempest in Ireland from the time of his landing to the Day of his Death Camb. 189. 'T is certain they hated him so that in Sight of the People and at noon-day he was robbed of his Cloaths Mony Plate and Horses by Mac Cartane at Emerdullin no Body endeavouring to help or rescue him nevertheless he afterwards raised the Men of Vrgile and gained the Pass and entred Vlster On the twenty fourth of November the King and Parliament at Notingham made Ordinances for the Reformation of Ireland which are the same mentioned already 17 Edw. 2. ante pag. 112. which is there mistaken for 17 Edw. 3. as I suppose for though both my Lord Cook and Mr. Pryn quote 17 Edw. 2. yet I rather believe both their Books are misprinted than that the same Ordinances should be repeated at the same Place and in the same Year of both Kings But however that be my Lord Cook adds this Clause Volumus praecipimus quod Nostra Terrae nostrae negotia praesertim majora ardua per Peritos Conciliarios ac Praelatos 4 Inst 350 351. Magnates quosdam de discretioribus Hominibus i.e. the Commons in Parliamentis tractentur disâ—utiantur terminentur Vide postea ad annum 1357. And this he says does regulate the Parliaments of Ireland according to the Institution of England for before this time the great Meetings in Ireland were rather general Assemblies of the Great Men than properly Parliaments I find it asserted in the Argument of a Case about the Precedency of the Lord of Kerry before the Lord of Slane 12 Jac. 1. that the first regular Parliament in Ireland was held anno 12 Edw. 3. but I do not find any other Authority that there was any Parliament held that Year at all Certainly the greatest Assembly that was at any time in either of these King's Reigns at Parliament was anno 1302. being 30 Edw. 〈◊〉 the Number upon the Parliament Roll amounting to no less than one hundred fifty six The Parliament 8 Edw. 2. was nevertheless more considerable because of the Quality of the Persons for there were the four Archbishops ten Bishops the Abbot of S. Thomas the Prior of Kilmainham and the Dean and Chapter of Dublin There were also many Irish Lords as O Hanlon Duke i.e. Dux Captain or Chief of Orry O Donel Duke of Tyrconnel O Neal Duke of Tyrone c. and almost all the English Nobility in Ireland Others make a distinction between Grand and Petit Parliaments Lib. M. Lambetâ— the former were properly Parliaments and in them the
Deputy who held that Place and discharg'd it worthily until Sir Thomas Rokeby 1353. Lord Justice returned he brought with him ten men at Arms and twenty Archers which were allowed him by the King over and above the ordinary Retinue of twenty Men. About this time lived Sir Robert Savage a very considerable Gentleman in Vlster who began to fortifie his dwelling House with strong Walls and Bulwarks but his Son derided the Fathers Providence and Caution affirming that a Castle of Bones was better than a Castle of Stones and thereupon the old Gentleman put a stop to his Building It hapned that this brave Man with his Neighbors and Followers were to set out against a numerous Rabble of Irish that had made Incursions into their Territories And he gave Orders to provide plenty of good Cheer against his return but one of the Company reprov'd him for doing so alledging that he could not tell but the Enemy might eat what he should provide to whom the valiant old Gentleman replied That he hoped better from their Courage Camb. 193. but that if it should happen that his very Enemies should come to his House he should be asham'd if they should find it void of good Cheer The Event was suitable to the Bravery of the Undertaking Old Savage had the killing of three thousand of the Irish near Antrim and return'd joyfully home to Supper But let us return to the Lord Justice of whom it is recorded that he us'd to say That he would rather eat his Meat in wooden Dishes and pay Gold and Silver for it than to eat in Golden Dishes and make wooden Payment However on the 20th day of July 1355. he did resign to Maurice Fitz-Girald 1355. Earl of Desmond Lord Justice he obtained so much favour in England Lib. M. that he had this Office granted to him for Life which expired the 25th day of January he was so just a man that he spared not his very Relations when they were criminal And about this time the Barons of the Exchequer were reduced to Three Lib. CCC 10. 29 Ed. 3. and John de Pembrook Chancellor of the Exchequer was made the third Baron Sir Thomas Rokeby 1356. Lord Justice returned again to Ireland and held a Parliament at Kilkenny at which many good Laws were enacted In his time a Memorable Writ was sent to the Lord Justice and Chancellor reciting That whereas the Subject found great difficulty to get Restitution according to Law of such Lands as were at any time seized into the Kings Hands Prin. 286. 29 Ed. 3. And whereas they refused in Parliaments here to take cognizance of erronious Proceedings in the Kings Courts but put the Subject to the trouble and charge of prosecuting a Writ of Error in England the King orders amendment and Reformation in both those Cases And not long after this worthy Lord Justice died at the Castle of Kilkea and was succeeded by Almaricus de Sancto Amando 1337. Lord Justice in whose time a great Controversie happened between the Archbishop of Armagh and the Regulars but at length by the favour of the Pope the Friers got the better of the Bishop To this Lord Justice the King sent a Writ or Commission Prin 294. authorizing him with the Advice of the Chancellor and Treasurer to give a special Pardon to as many English or Irish as he shall think fit for all Crimes except Treason Moreover for the better instruction of the People and because of the Non-residence of their Pastors Ibid. the King by his Sovereign Ecclesiastical Jurisdiction Authoriz'd and Licenc'd the Archbishop of Dublin to constitute perpetual Vicars in all Benefices and Prebendaries belonging to his Archbishoprick and of the Kings Patronage with certain proportions of greater and lesser Tithes and other Profits to those who should reside upon them But which was more than all this the King by advice of his Council made most excellent Ordinances in England for the better Government of the Church and State of Ireland and the maintenance of the good Laws and Statutes of England there established they are to be found at large in Prins Animadversions on the 4th Instit pag. 287. and therefore are omitted here being very long though also very good only this must be observed that the Clause formerly quoted ad annum 1344 out of the 4th Instit is by my Lord Cooke mistaken both as to Time and Form as to the Time it was not 17 Edw. 3. as he says but it was 31 Edw. 3. And as to the Form it is thus VOlumus praecipimus quod Nostra ipsius terrae Negotiâ—a praesertim majora ardua in Conciliis per peritos Conciliarios nostros ac Praelatos Magnates quosdam de discretioribus probioribus hominibus de partibus vicinis ubi ipsa Concilia teneri contigerit propter hoc evocandos In Parliamentis vero per ipsos Conciliarios nostros ac Praelatos Proceres aliosque de Terra praedict prout Mos exigit secundum Justitiam Legem Consuetudinem Rationem tractentur c. But to return James 1359. Earl of Ormond Lord Justice was commonly stiled The Noble Earl because he was of the Royal Blood being great Grand-son to King Edward the first In his time 34 Edw. 3. the King ordered Proclamation to be made in Ireland That no Meer Irishman should be Mayor Bayliff or Officer of any Town within the English Dominion i.e. the Pale nor be advanced to any Ecclesiasâ—â—cal Benefice or Promotion 35 Edw. 3. but the next Year the King by his Writ explains the former Proclamation Pryn 296. and orders that it shall not extend to any Irish Clerks who have done him Service or are Loyal to him But it seems that the Lord Justice was sent for into England and until his Return Maurice Fitz-Girald March 30. Earl of Kildare was constituted Lord Justice 1360. by Patent under the Great Seal of Ireland he was to have the usual Sallary of five hundred pound per annum maintaining thereout Ninteen Horsemen besides himself but he did not continue long in this Station before James Earl of Ormond March 15. Lord Justice return'd and the King intending to send his Son to Ireland 1357. with a good Force summoned the Duchess of Norfolk and all other Noble and Gentle Men and Women that held Lands in Ireland to appear in Person or by Proxy 4 Instit. Pryn 296. before him and his Council to advise concerning the Defence of Ireland and to repair to that Kingdom in Person with all the Forces they could raise by a certain Day or to send their sufficient Deputies to assist the Kings Son in Defence of the Country And the same Day issued a Writ or Proclamation prohibiting the transporting of any Corn or Victuals out of Ireland on pain of Forfeiture and another Proclamation or Writ to seize all the Lands or Tenements purchased
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
the Crane in Dublin and did much harm On the seventh of May the Deputy made another journey into Pheagh Mac Hugh's Country 1597 and on the eighth had the good fortune to kill that Arch Rebel Ibid. and to take a Prey of 200 Cows which were divided amongst the Soldiers But the Queen believing that her Affairs were prejudiced by the disagreement between the Deputy and the General did at his own Request revoke the Lord Deputy and to supply his Place sent over Thomas Lord Burrough Lord Deputy who landed on the 15th of May and received the Sword in St. Patrick's Church on Sunday the 22d Camb. Eliz. 543. he had supreme Authority in Martial as well as Civil Causes and immediately ordered General Norris to his Presidency of Munster which Affront together with the Disappointment of the chief Government which he knew he merited and earnestly expected and the many baffles Tyrone had put upon him broke his Heart The Lord Deputy amongst other Instructions had charge to enquire what English Undertakers had ☜ contrary to their Covenants suffered Irishmen to inhabit their Lands and to enquire into the Earl of Glancar's Estate which for want of Heirs Males was devolved to the Crown After a Month's Truce with Tyrone the Deputy marched to Vlster where the Crown retained only Newry Knockfergus Greencastle Armagh Dundrum and Olderfleet Connaugh was likewise in Rebellion and so were some of the Butlers in Munster The Deputy met some opposition at a Pass near Armagh but he gallantly forced his way and thereby was convinced that the Irish would run if resolutely assaulted he soon took the Fort of Blackwater and garison'd it with English but whilst they were giving thanks to God for this Victory they were called from Prayers to Arms upon the appearance of the Irish Forces with whom they skirmished successfully yet so as that the Deputy's Brother-in-Law Vaughan and several others were slain and particularly two Foster-brothers of Henry Earl of Kildare for grief whereof the Earl soon after dyed Clifford Governour of Connaugh was ordered to advance with the Forces of his Province to the borders of Vlster wherefore with 700 old Soldiers he attempted it bravely but being opposed by a numerous Enemy he nevertheless made a gallant retreat above 30 Miles and in the face of 2000 Rebels without any considerable loss Upon the Lord Deputy's return towards the Pale the Earl of Tyrone immediately besieged the Fort of Blackwater and the Deputy as nimbly marched to its relief and having raised the Siege he designed to march to Dungannon and so to clear the way thither that on any occasion the Army might march that way but he fell 〈◊〉 and was forced to return and dyed in the way to Dublin and Sir Thomas Norris President of Munster was provisionally made Lord Justice on the 30th of August but he being melancholy at the death of his Brother soon grew weary of the Office and at his Request the Government was committed to Adam Loftus Lord Chancellour and Archbishop of Dublin and Sir Robert Gardiner Lord Chief Justice Lords Justices who were sworn on the 15th of November and the same day the Council gave in writing an account of the State of the Kingdom and concluded that it was an universal Irish Rebellion intended to shake off all English Government The Earl of Ormond was made Lieutenant General of the Army and he was to have 100 Marks per mensem and 30 Horse and 30 Foot and the Lords Justices were to have 33 l. 6 s. 8 d. per mensem and 20 Horse and 20 Foot equally divided between them The Earl of Ormond upon application made to him by Tyrone procured a Commission to himself the Bishop of Meath and Secretary Fenton to treat with that Rebel and on the 22d day of December they met at Dundalk and agreed to a Cessation for eight weeks on Tyrone's engagement to furnish the Fort of Blackwater with 50 Bieves and to give the Garison liberty of Forage and other Articles recited at large Morison 22. On the 18th of February O Rourk submitted to the Lieutenant General and subscribed the Agreement likewise mentioned at large Morison 22. and on the 15th of March Ormond proposed to Tyrone 13 Conditions of Pardon mentioned Morison 23. to most of which he agreed but because O Donell and some others did not appear that matter was adjourned to the 10th of April in the mean time the Pardon was drawn and bears date the 11th of April but I do not believe that Tyrone ever came for it both because he was Anno 1600. outlawed on the former Indictment and because he immediately relapsed into his former Disloyalties and not only sent aid to Phelim mac Feagh but also laid close Siege to the Fort of Blackwater but the defence made by Captain Thomas Williams was so considerable that Tyrone despair'd of effecting his design by Force and therefore resolved to starve them and indeed they were reduced to great necessity when in August Marshal Bagnall with 14 Ensigns of Foot and a choice Party of Horse was sent to relieve them The Rebels Camd. Eliz. 565. being a vast number fell upon the English in a Wood half a Mile beyond Armagh and the Earl of Tyrone having a particular spight against the Marshal Bâ—gnall he bent all his Force that way and had the good fortune to kill the Marshal and to rout the English Army with the slaughter of 13 Captains and 1500 Soldiers whereupon the shattered remnant of the English retired to Armagh and sent to Captain Williams to surrender the Fort of Blackwater that he might reinforce and preserve the rest of the Army By this Victory the Irish got Arms Ammunition and Victuals and which was more so much Reputation that the English could act only on the defensive part and not that it self without continual fear and danger But the Queen was nettled at this Defeat and by the 12th of September 1598. blam'd Ormond that he was not there and ordered him to reduce the old List to 8000 and to clear the Army from Irish and she also sent over Sir Richard Bingham to succeed Bagnall in the Office of Marshal but as soon as he landed he dyed at Dublin and Sir Samuel Bagnall was sent with 2000 Foot and 100 Horse which though at first designed to plant a Garison at Loghfoyle were on the aforesaid all news ordered to land at Carlingford In the mean time Tyrone sends Owny mac Rory Oge and Tirrel into Munster with 4000 Kernes 598. the President Sir Thomas Norris opposed them but was forced by necessary occasions or rather by reason of the weakness of his Forces to return to Cork whereupon the Munsterians generally rebell in October and kill murther ravish and spoil without Mercy and Tyrone made James Fitz Thomas Earl of Desmond on condition to be tributary to him He was the handsomest Man of his time and is commonly called the Sugan Earl And the Queen
above two thirds of it at most Sâ—ptima mobilum imobilium vero anui proventus quinta pars And so the Parliament was by Proclamation dissolved in October 1615. This Year also was held a Convocation at Dublin which established Articles of Religion in 104 Paragraphs or Sections and among them the Nine Articles agreed on at Lambeth November 20. 1655. are almost verbatim to be found Because of the 〈◊〉 of some Popish Lawyers in the House they were not permitted to practise in Michaelmas Term whereupon the Lord of Rylline and Sir Christopher Plunket petition'd the Lords of the Council in England That the Statute of 2 Eliz. does not extend to the Lawyers that they had spent their Time and Patrimony in Study and they and their Predecesors have done acceptable Service to the Crown in encouraging the ignorant Multitude to embrace the Freedom and Fruition of the Common Law which in comparison of the 〈◊〉 Law is of inestimable value unto them Besides 't is prejudicial to their Clients who have acquainted them with their Evidences some of which have neither English Language nor Money to imploy or instruct others and that it would force them to breed their Children abroad Secondly That the Statute of 2 Eliz. is illegally executed viz. by Indictment so that the Fees are five times the Penalty of the Statute and so two Punishments for one Thing and in stead of Twelve pence Fine designed to the Poor Ten shillings is exacted by Clerks and Officers for Fees Besides the Forfeiture being appropriated to the Poor the Clerk of the Peace has no Right to intermeddle Thirdly That the Judges of Assize do 〈◊〉 into all Forfeitures since last Assize whereas there are Sessions 〈◊〉 wherein perhaps the Party has been punish'd and so may be punish'd twice Fourthly That the Ministers do exact Money for Marriages and Christnings tho they don't officiate and the Ordinaries exact great Sums for Commutation of Penance And in all these Particulars they pray Relief By Virtue of the King's Letter of the 12th of April 1615 a Commission issued to enquire into his Majesties Title to the Counties of Longford and Letrim whereupon a Jury was impanelled and the Inquisition return'd that the Territory of Annaly now the County of Longford containing Nine hundred and Ninety Cartrons of Land was by King Henry the Second granted to Hugh de Lacy who built Castles and planted English there and that they were ousted by the O Feralls in the time of Edward the First and that Faghan O Ferall surrendered that Territory to Queen Elizabeth the 13th of November in the Twenty ninth Year of her Reign and that her Majesty regranted it to him 20 Decemb. 30 Eliz. Proviso the Patent to be void if the Queen had any other Title than that Surrender and it finds the Statute of Absentees And by another Inquisition taken about the same time it appears that the Brehny i. e. the County of Letrim was by King John given to Walter de Lacy who likewise planted it with English which were afterwards violently dispossessed by the O Rourks and Mac Grannells and that O Rourk had three Legitimate Sons and six Bastards that Teige one of his Bastard Sons succeeded him in the Estate and that he had Issue Teige who had Issue Daniel now living and that Brian Second Son of O Rourk had Issue Sir Brian who surrendered that Territory and agreed to take out a Patent but never did it He was executed in England and it was his Son Teige that submitted and took out a Patent Anno 1603. And this Teige married Mary Daughter of Hugh mac Manus O Donell whose two former Husbands Sir Moylmurry mac Swiny and Sir Donell O Cohan were still living by whom the said Teige had Issue Brian and died and whether Brian be a Bastard or not Juratores predict ignorant And the like Inquisition was found about the Territory of Ely O Caroll whereby it appear'd that that Signiory containing Ninety three Plow-lands was surrendred to Edward the Sixth who regranted it to Teige O Caroll and made him Baron of Ely and he dying without Issue his Bastard-son Sir William O Caroll intruded and surrendred to the Queen 28 July 20 Elizabethae and had it regranted to him in Fee-simple and that he died leaving one Daughter Joan Mother of Redmond Burk pretended Baron of Letrim that Sir Charles O Caroll Bastard-son of Sir William intruded and that Joan releas'd to him but he dying without Issue Moelroony mac Teige another Bastard-son of Sir William's intruded and married Margaret O Dwin whose first Husband Tirlagh Ballagh O Coâ—nor was then living and by her had Issue John O Caroll and whether he be a Bastard or not ignorant In the latter end of August came over a Commission bearing date the Fifth of that Month under the Great Seal of England impowering and authorizing the Lord Deputy and others or any Seven of them Quorum the Deputy to be one to Bargain Sell and Conclude for any the King's Mannors Lands Tenements and Hereditaments Spiritual or Temporal within the Realm of Ireland Whereupon many People past Patents wherein was reserved a small Quit-Rent and a Halfpenny an Acre for Waste-land after it be made Arable and Relief as amongst Common Persons The Patentees had free liberty to transport the Produce of the Land to any Part of England or Wales and they had a Clause of Exoneration from Cess Cudyes Coyn Livery Cuttages Resections Kearneâ—y Cosnery Gilletinny and Gillecon and all Impositions except Royal Compositions and Risings out About this time another Plot was discovered to Sir Thomas Phillips of Lemavaddy 1615. by one Teige O Lenan It was contrived by Alexander Mac Donell Bryan Cross O Neal and other principal Irish-men in Tyrone and Tyrconnell the Design was to seize Charlemont and other Forts in Ulster and to murder the Protestants there and elsewhere whil'st the chiefest of the Nobility and Gentry were at the Parliament and they were promised considerable Aids from France Spain and Rome Mr. Sullivan tells us Sullivan 269. That this Lenan was a Criminal Gamester bribed by the Deputy to this Service which is their common Pretence when the Fact is Sworn for he confesses that Lenan gave Evidence against them and that they were by Jury convicted and that Bryan O Neale Art O Neale Roger O Cahan Jeofry O Cahan Alexander Mac Surly Patrick O More Con O Kahan and two Priests were executed for that Treason Regiminis Ang. in Hib. defensio adversus Analect Pag. 54. But Doctor Rives assures us that both Bryan O Neale and Roger O Cahan consessed it in the very same manner and order as Lenan had discovered it And in Dececember Sir Oliver Lambert was sent to the Island of 〈◊〉 to reduce some Scots that were troublesom and Seditious there which he performed by taking the strong Castle of Dunaveg Lib. C. and other less considerable places And soon after it seems that the Lord-Deputy
the same And that such of them that please to make new Surrenders of their Lands and Hereditaments may have the same accepted of them and inrolled in the said Court and thereupon new Letters Patents past unto them and their Heirs according to the true intent of our said Fathers Letters in that behalf paying the half Fees and that they and every of them may have such further Assurances for securing of their several Estates from all ancient Titles accrued to our Crown before Sixty years last past as shall be requisite and reasonably devised by their Counsel And We are pleased for their further Security that their several Estates shall be confirmed unto them and their Heirs against Us Our Heirs and Successors by an Act to be past in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further Question by Us Our Heirs and Successors In which Act of Parliament and Patents so to be past You are to take Care That all Our Tenures in Capite and Rents and Services as are now due or which ought to be answered to Us ont of the said Lands and Premises by Letters Patents past thereof since the First year of Henry the 8th or found by any Office taken from the First year of Henry the 8th until the 21st of July 1615. whereby Our late dear Father or any his Predecessors actually reserved any Profit by Wardship Liveries Primier Seissins mean Rates Ousterle Mains or Fines for Alienations without Licence be again reserved to Us Our Heirs and Successors And all the rest of the Premises to be holden of Our Castle of Athloane by Knights Service according to Our said late Fathers Letters notwithstanding any Tenures in Capite found for Us by Our Offices since the said 21st of July 1615. and not appearing in any such Letters Patents or Offices And You are likewise to set down Order that all Seisures and Injunctions issued And all Compositions Leases and Custodiums made and past of or for any of the said Lands not Granted upon the Tenures appearing in the said Letters Patents or Offices between the said First year of Henry the 8th and the said 21st of July 1615. shall be called in and to all Purposes made void so far as We are advantaged by the Tenure found in Capite and that no further proceeding hereafter be had upon any other Offices taken before the said 21st of July 1615 in which Act of Parliament and Grants Care is to be taken That Our Royal Composition due for all the Lands and Hereditaments in the aforesaid Province of Conaught and County of Clare may be saved And that it is Our Pleasure likewise that the Benefit of Our said Fathers Letters and the Act of State dated the 14th of May 1618 touching the Intrusions Alienations mean Profits c. of Lands in that Province be in all Points allowed to Our said Subjects XXVI The Undertakers of Ulster are to have their Estates confirmed upon a Fine of Thirty pound Sterling upon every thousand Acres in two half years time by equal Portions and upon doubling their Rents to be Charged only from the date of their Patents and for your further direction and more ample Authority therein a Commission shall be directed to you and others together with Instructions for passing Patents unto them accordingly And for declaring Our Royal Intention and Purpose in the same XXVII The Planters of Leytrim Longford and Ossery the King's County the Queens County and the County of Westmeath are to have two years time for performing their Conditions of Plantation and if by that time they perform them not they are to forfeit their Recognizances and in the mean time no Process to issue upon their Recognizances or Bonds XXVIII The Town of Athloane is to have Three years time allowed them from All-Hallontide next for performing all Conditions and Covenants for Buildings or otherwise and no advantages are to be taken against them for breach of Conditions and Covenants or forfeit of Recognizances already incurred concerning the same XXIX No General Summons of Grand Inquests are to issue out of Our Bench or any of Our Courts but a convenient number of able Freeholders is to be Summoned by the Sheriff for the Grand Inquest unless the Bayliff who had order to warn him declare upon his Oath That he warned him Personally or left sufficient warning at his House and the Fines and Amerciaments to be imposed upon them are to be according to Our late dear Fathers Printed Instructions And when the Grand Inquest is filled the rest of that Inquest are to have leave to depart unless there be other special Service and this Rule is to extend to the Assizes and Goal Delivery and Commissions of Oyer and Terminer XXX The taking of the Accusations and Testimony of Persons notoriously infamous Convicted of Treason or other Capital Offences for any Convincing Evidence to condemn any Subject is to be regulated according to the said Printed Instructions XXXI No Judges nor Commissioners shall bind over any Jurors to any Court whatsoever unless it be for very Apparent Suspicion of Corruption or Partiality XXXII Our Judges in every Court are to be very careful especially in the Causes of Poor Men That there be a speedy and direct Course of Justice with as little Charge as may be and that with due Observation of the said Printed Instructions XXXXIII But one Provost Marshal is to be in a Province because he hath a sufficient number of Horse in our Pay for the Execution of that place And the said Provost Marshal is to take no Money for Booking nor Cess his Horse or Foot without paying for it in such sort as is ordered for Our Soldiers And such as may be brought to Tryal of Law are not to be executed by the Marshal Except in time of War or Rebellion XXXIV We are Pleased for securing Our Subjects Estates at the next Parliament to be holden there to grant a General Pardon and then such other things are to be provided for as shall be found necessary for our Service and the good of that Commonwealth And Our Pleasure is That the Rate of the Subsidies of the Laity and Clergy and other Profits to be raised by the said Parliament be such as may bear the Charge of Our Army with the Assistance of Our Revenue to be spared for that Purpose The said Parliament is to begin the Third day of November next and all fitting Preparations are to be made accordingly XXXV The bestowing of Plurality of Benefices upon unqualified Persons who are unable or unworthy Ministers is to be forborn in time coming and such as are invested therein are to be compelled to keep Preaching and sufficient qualified Curates whereby God's Glory may be advanced Poor Scholars provided for and Encouragement given to Students to enable themselves for that High Function XXXVI No Assessment of Money for Robberies is to be allowed but upon Order of
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
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
in this present Parliament assembled is graciously pleased that it may be Enacted And be it Enacted by the King 's most Excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from and after the First day of this Session of Parliament it shall and may be lawful to and for all the Professors of the Roman Catholick Religion of what degree condition or quality to have use and enjoy the free and publick exercise and profession of the said Roman Catholick Religion and of their several and respective functions therein without incurring any Mulct or Penalty whatsoever or being subject to any restraint or incapacity concerning the same any Article or Clause Sentence or Provision in the said last mentioned Acts of Parliament or in any other Act or Acts of Parliament Ordinances Law or usage to the contrary or in any wise notwithstanding And be it also further Enacted That neither the said Statutes or any other Statute Acts or Ordinances hereafter made in Your Majesties Reign or in the Reign of any of Your Highnesses most Noble Progenitors or Ancestors and now of Force in this Kingdom nor all nor any Branch Article Clause and Sentence in them or any of them contained or specified shall be of force or validity in this Realm to extend to be construed or adjudged to extend in any wise to inquiet prejudice vex or molest the Professors of the said Roman Catholick Religion in their Persons Lands Hereditaments or Goods or any thing matter or cause whatsoever touching and concerning the free and publick use exercise and enjoyings of their said Religion function and profession And be it also further Enacted and Declared by the Authority aforesaid That Your Majesties Roman Catholick Subjects in the said Realm of Ireland from the first day of this Session of Parliament shall be and be taken deemed and adjudged capable of all Offices of Trust and Advancement Places Degrees and Dignities and perferment whatsoever within your said Realm of Ireland Any Acts Statutes Vsage or Law to the contrary notwithstanding And that other Acts shall be passed in the said Parliament according to the tenour of such Agreement or Concessions as herein are expressed and that in the mean time the said Roman Catholick Subjects and every of them shall enjoy the full benefit freedom and advantage of the said Agreement and Concessions and of every of them 5. It is Accorded Granted and Agreed by the said Earl for and in the bâ—â—â—lf of His Majesty His Heirs and Successors That his Excellency the Lord Marques of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majesty shall not disturb the professors of the Roman Catholick Religion in their present possession and continuance of the profession of their said Churches Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl until His Majesties pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for and Condescended unto by the said Earl 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto all and singular the professors of the said Roman Catholick Religion within the said Kingdom of Ireland for the due observance and performance of all and every the Articles Grants and Clauses therein contained and the Concessions herein mentioned to be performed to them 7. It is Accorded and Argeed That the said publick Faith of the Kingdom shall be ingaged unto the said Earl by the said Commissioners of the said Confederate Catholicks for sending Ten thousand men to serve His Majesty by order and publick Declaration of the General Assembly now sitting And that the Supream Council of the said Confederate Catholicks shall engage themselves to bring the said number of Men Armed the one half with Musquets and the other half with Pikes unto any Port within this Realm at the Election of the said Earl and at such time as he shall appoint to be by him Shipped and Transported to serve His Majesty in England Wales or Scotland under the Command of the said Earl of Glamorgan as the Lord General of the said Army which Army is to be kept together in one intire Body and all other the Officers and Commanders of the said Army are to be named by the Supream Council of the said Confederate Catholicks or by such others as the General Assembly of the said Confederate Catholicks of this Kingdom shall intrust therewith In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th day of August 1645. Glamorgan Signed Sealed and Delivered in the Presence of John Somerset Jeffery Barron Robert Barry Articles of Agreement made and concluded upon by and between the Right Honourable Edward Earl of Glamorgan and in pursuance and by vertue of His Majesty's Authority under His Signet and Royal Signature bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign for and on the behalf of His Most Excellent Majesty of the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the Confederate Catholicks of Ireland Donnogh Lord Viscount Muskerry Alex. M. Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires for and on the behalf of His Majesty's Roman Catholick Subjects and the Catholick Clergy of Ireland of the other part 1. THE said Earl doth Grant Conclude and Agree on the behalf of His Majesty His Heirs and Successors to and with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskerry Alex. Mac Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires That the Roman Catholick Clergy of the said Kingdom shall and may from henceforth for ever hold and enjoy all such Lands Tenements Tyths and Hereâ—itaments whatsoever by them respectively enjoyed within this Kingdom or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands Tenements Tyths and Hereditaments belonging to the Clergy within this Kingdom other than such as are actually enjoyed by His Majesty's Protestant Clergy 2. It is Granted Concluded and Agreed on by the said Richard Lord Viscount Mountgarret c. on the behalf of the Confederate Roman Catholicks of Ireland that Two parts in Three parts to be divided of all the said Lands Tyths and Hereditaments whatsoever mentioned in the precedent Articles shall for Three Years next ensuing the Feast of Easter which shall be in the Year of our Lord God 1646. be disposed of and converted for and to the Use of His Majesty's Forces employed or to be employed in His Service and the other Third part to the Use of the said Clergy resepectively and so the like
disposition to be renewed from Three Years to Three Years by the said Clergy during the Wars 3. It is Accorded and Agreed by the said Earl of Galmorgan for and in the behalf of His Majesty His Heirs and Successors that his Excellency the Lord Marquess of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majsty shall not disturb the Professors of the Roman Catholick Religion in their present Possession of their Churches Lands Tenements Tyths Hereditaments Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended to by the said Earl until His Majesty's pleasure be signified for confirming and publishing the Grants herein Articled for and condescended unto by the said Earl 4. It is Accorded Granted and Agreed by the said Earl for and in the behalf of His Majesty His Heirs and Successors that an Act shall be Passed in the next Parliament to be held in this Kingdom acccording to the Tenour of such Agreements or Concessions as herein are expressed and that in the mean time the said Clergy shall enjoy the full benefit freedom and advantage of the said Agreements and Concessions and every of them And the said Earl of Galmorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto the said Lord Viscount Mountgarret and the rest of the said Commissioners for the due Observance and Performance of all and every the Articles Agreements and Concessions herein contained and mentioned to be performed to the said Roman Catholick Clergy and every of them In Witness whereof the Parties to these Presents have hereunto interchageably put their Hands and Seals the 25 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Dilivered in the presence of Glamorgan John Summerset Jeffery Barron Robert Barry Whereas in these Articles touching the Clergy Livings the Right Honourable the Earl of Glamorgan is obliged in His Majesty's behalf to secure the Concessions in these Articles by Act of Parliament We holding that manner of securing those Grants as to the Clergy Livings to prove more difficult and prejudicial to His Majesty than by doing thereof and securing those Concessions otherwise as to the said Livings the said Earl undertaking and promising in the behalf of His Majesty His Heirs and Successors as hereby he doth undertake to settle the said Concessions and secure them to the Clergy and their respective Successors in another secure way other than by Parliament at present till a fit opportunity be offered for securing the same do agree and condescend thereunto And this Instrument by his Lordship Signed was before the perfecting thereof intended to that purpose as to the said Livings to which purpose We have mutually Signed this Endorsement And it is further intended that the Catholick Clergy shall not be interrupted by Parliament or otherwise as to the said Livings Contrary to the meaning of these Articles Glamorgan I Edward Earl of Glamorgan do Protest and Swear Faithfully to acquaint the Kings most Excellent Majesty with the proceedings of this Kingdom in Order to His Service and to the indearment of this Nation and punctual performance of what I have as Authoriseed by His Majesty obliged my self to see performed and in default not to permit the Army intrusted into my Charge to adventure it self or any considerable part thereof until Conditions from His Majesty and by His Majesty be performed Glamorgan The Defezance to the Earl of Glamorgan KNOW all Men by these Presents That whereas We the Right Honourable Richard Lord Viscount Mountgarret Donnogh Lord viscount Muskerry Alexander Mac Donnel Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Brown Esquires appointed by the Confederate Catholicks of Ireland to treat and conclude with the Right Honourable Edward Earl of Glamorgan for and in behalf of His most Excellent Majesty our dread Sovereign King Charles And having treated and concluded with the said Earl of Glamorgan as by the Articles of Agreement to which we have interchangealy set our Hands and Seals more at lage appeareth Yet it is to be understood that by the said Agreement the Right Honourable Edward Earl of Glamorgan doth no way intend to oblige His Excellent Majesty other than he himself shall please after he hath received these Ten thousand Men being a Pledge and Testimony of our Loyalty and Fidelity to His Majesty yet the said Earl of Glamorgan doth Faithfully promise upon his Word and Honour not to acquaint His most Excellent Majesty with this Defesance until his Lordship hath endeavour'd as far as in him lies to induce His Majesty to the granting of the particulars in the said Articles of Agreement but that done according to the Trust we repose in our very good Lord the Earl of Glamorgan We the said Richard Lord Viscount Mountgarret c. and every of Us for and in the behalf of the Confederate Catholicks of Ireland who have intrusted Us do discharge the said Earl of Glamorgan both in Honour and Conscience of any further ingagement to Us herein though His Majesty be not pleased to grant the said Particulars in the Articles of Agreement mentioned and this we are induced to do by the particular Trust and Confidence the said Earl of Glamorgan hath reposed in Us for the draught of the Act of Parliament inserted within the Articles of our Agreement We assuring upon our Words and Honours that it is the most moderate of Three which we brought up for the Assent of the Right Honourable the Lord Marquess of Ormond Lord Lieutenant of Ireland his Excellency and without which we cannot be satisfied and we are also induced hereunto in regard the said Earl of Glamorgan hath given us Assurance upon his Word and Honour and upon a voluntary Oath of his that he would never to any Person whatsoever discover the Defezance in the interim without our consents And in confidence thereof We have hereunto set our Hands and Seals the 26 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Delivered in the Presence of the Lord John Somerset who knew nothing of the Contents thereof F. Oliver Darcy Peter Bath Appen XXVIII His Majesties Letter about the Earl of Glamorgan's Peace Right Trusty c. We greet you well WE have seen and considered the dispatch directed from you and our Council there to our Trusty and Well-beloved Counsellor Sir Edward Nicholas one of our Privy Council of State concerning the Earl of Glamorgan's Accusation and your Proceedings thereupon and as we could not receive the one without extraordinary amazement that any mans folly and presumption could carry him to such a degree of abusing our trust how little soever so we could not but be very sensible of the great affection and zeal to our service which you have expressed in putting our honour so highly traduced into so speedy and effectual way of Vindication by the proceeding against the said Earl of Glamorgan and though we