which moved them to desire the Horse might be first Disbanded was of very special Importance and still inclineth them to continue the same expectation for those who are yet undisbanded but for the time past they rest satisfied in the answer and proceedings of your Excellency assuring themselves That though there was some difference in the way yet you fully agreed with them in the end which is to ease the Common-wealth and settle the publick Peace with as much expedition as may be for the more speedy effecting whereof there is already 23000 l. on the way and Order given for 27000 l. more to be sent with all speed and a Course taken by the House of Commons to quicken the payments of the Poll Money in the Nine Shires adjoyning to York and both Houses of Parliament have by an express Ordinance commanded the Sheriffs of eight other Counties to bring all their Money immediately to York whereby the House conceiveth and hopeth your Excellency will be supplied with Treasure sufficient to Disband the remainder of the Army at the time prescribed or sooner if it may be and that by your prudent and faithful effecting thereof the heavy burthen of Care and Pains which lies upon you in the discharge of this great Trust will be removed and shall end in the thanks and obligations of this House and of the whole Kingdom producing to your Excellency such an Increase of Honor and happiness as shall be suitable to your own Merit and the desires of Your Excellency's humble Servant Edward Littleton Custos Sigilli To stir up the City to lend more money the Commons fell upon the Debate of the Case of London-Derry and thereupon Mr. Whistler Reports from the Committee appointed to examin that matter the Case of London-Derry upon which it was 1 Resolved upon the Question Votes about London-Derry in Ireland That it is the Opinion of this House that the Citizens of London were sollicited and pressed to the under taking of the Plantation of London-Derry 2 Resolved c. That the Copy attested with Mr. Soams his Hand is a true Copy of the Sentence in the Star-Chamber given against the Mayor and Commonalty of the City of London and the Society of the Governor and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland 3 Resolved c. That the Order made in the Court of Star-Chamber Dated 8. May 8 Car. is unlawful both for the Matter Persons and time therein prefixed 4 Resolved c. That the King was not deceived in the Grant which he made unto the Society of Governors and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland in particular not in creating a new Corporation called the Society of the Governor and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland 5 Resolved c. That in creating the new Corporation of the Society of the Governor c. The King did not by that Patent grant more Lands then was by him intended to be granted nor was therein deceived 6 Resolved c. That it doth not appear by sufficient Proof that the Citizens of London were tyed to perform the Printed Articles and consequently not bound to plant with English and Scots nor restrained from planting with Natives 6 Resolved c. That though by the 27 Article the City was to build 200 Houses in Derry and 100 Houses at Colerain by the first Day of November 1611 admitting the Houses were not Built nor the Castle of Culmore repaired by the time prefixed yet this is no Crime nor cause for giving Damages in regard the City had not their Patent until the 29th of March 1613. 8 Resolved c. That there is no proof that the Governor and Assistants of London of the new Plantations or any of the twelve Companies did make any Lease unto any Popish Recusant nor of any decay of Religion there by default of the Planters 9 Resolved c. That there is no proof of any default in the Planters for not making of a sufficient number of Free-holders nor any Article that doth tye them thereunto 10 Resolved c. That there is no proof that the City of London or their Governor of the new Plantation have felled any Trees in the Woods called Glancanking and Killitrough contrary to their Covenant 11 Resolved c. That the not conveying of Glebe-Lands to the several Incumbents of the several Parish Churches in regard they did not enjoy the Lands is no Crime punishable nor cause of Seizure of their Lands 12 Resolved c. That the breach of Covenant if any such were is no sufficient cause to forfeit Lands 13 Resolved c. That the breach of Covenant is no Crime but Tryable in the ordinary Courts of Justice 14 Resolved c. That the Court of Star-Chamber whil'st it stood as a Court had not any power to examin or determin breach of Covenant or Trust 15 Resolved c. That the Court of Star-Chamber while it stood a Court had no power to examin Free-hold Inheritance 16 Resolved c. That the Sentence upon these two Corporations aggregate no particular Person being Guilty is against Law 17 Resolved c. That in all the proof of this cause there doth not appear matter sufficient to convince the City of London of any Crime 18 Resolved c. That upon the whole matter this Sentence in the Star-Chamber was unlawful and unjust 19 Resolved c. That this composition and agreement made with the City upon these Terms in this time of extremity ought not to bind the City 20 Resolved c. That this House is of Opinion that when the King shall be pleased to repay those Monies which he hath received upon this composition and such Rents as he hath received by colour of this Sentence that then His Majesty shall be restored to the same State he was in and the Patent thereupon gotten shall be cancelled or surrendred 21 Resolved c. That the Citizens of London and all those against whom the Judgment is given in the Scire facias shall be discharged of that Judgment 22 Resolved c. That the Opinion of this House is That they think fit that both the Citizens of London and those of the new Plantation and all under Tennants and all those put out of possession by the Sequestration or Kings Commissioners shall be restored to the same State they were in before the Sentence in the Star-Chamber The Plague which had for some time visited the City of London The Plague in London City Petition for a Fast began now to spread and increase upon which there was a Petition from the Magistrates Ministers and People of the City of London for a Day to be set apart for Solemn Humiliation and Fasting to implore the Divine Majesty to avert the impending Judgment of the Pestilence from the City and Nation This day it was moved Friday August 27.
Declarat Deanries and other Ecclesiastical Dignities of this Realm are not de Mero Jure donative but some are Donative and some Elective and some are Collative according to their respective Foundations and the Confirmation of the Bishops Grant by a Dean de Facto having actually stallum in Choro et vocem in Capitulo together with the Chapter is good in Law 15. Quest Whether the issuing of Quo Warranto's out of the Kings-Bench or Exchequer against Boroughs that antiently and recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to the Parliament be Legal If not what punishment ought to be inflicted upon those that are or have been the Occasioners Procurers and Judges of and in such Quo Warranto's Declarat The Issuing of Quo Warranto's out of the Court of Kings-Bench Court of Exchequer or any Court against Boroughs that anciently or recently sent Burgesses to the Parliament to shew Cause why they sent Burgesses to Parliament and all the Proceedings thereupon are Coram non Judice Illegal and void and the Right of sending Burgesses to the Parliament is Questionable in Parliament only and the Occasioners Procurers and Judges in such Quo Warranto's and Proceedings are Punishable as in Parliament shall be thought consonant to Law and Justice 16. Quest By what Law are Jurors that give Verdict according to their Conscience and are the sole Judges of the Fact Censured in the Castle-Chamber in great Fines and sometimes Pillored with loss of Ears and bored through the Tongue and marked sometimes in the Forehead with an Hot Iron and other like Infamous Punishment Declarat Jurors are the sole Judges of the Matter in Fact and they ought not for giving their Verdict to be bound over to the Court of Castle-Chamber by the Judge or Judges before whom the Verdict was or shall be given 17. Quest By what Law are men Censurable in the Castle-Chamber with the Matilation of Members or any other Brand of Infamy and in what Cases and what punishment in each Case there is due without Respect to the Quality of the Person or Persons Declarat No Man ought to be Censured in the Castle-Chamber in the Mutilation of Members or any other Brand of Infamy otherwise or in other Cases then is expresly Limited by the Statutes of the Realm in such Case provided 18. Quest Whether in the Censure in the Castle-Chamber Regard be to be had to the words of the Great Charter viz. Salvo Contenemento c. Declarat In the Censures in the Castle-Chamber especial Regard ought to be had to the Words of the Great Charter viz. Salvo Contenemento c. 19. Quest Whether if one that steals a Sheep or commits any other Felony and after flyeth the Course of Justice or lyeth in Woods or Mountains upon his keeping be a Traytor If not whether a Proclamation can make him so Declarat A Felon who Flies the Course of Justice and lyeth in Woods Mountains or elsewhere upon his keeping is no Traitor and a Proclamation cannot make him a Traitor 20. Quest Whether the Testimony or Evidence of Rebels Traytors Protected Thieves or other infamous Persons be good Evidence in Law to be pressed upon the Tryals of Men for their Lives or whether the Judge or Jurors ought to be Judge of the matter Declarat The Testimony of Convicted or Protected Rebels Traitors or Felons is no sufficient Evidence in Law upon the Tryal of any Person for his Life and the Credit of the Testimony of Persons Accused or Impeached and not convicted of Felony or Treason ought to be left to the Jury who are sole Judges of the Truth and Validity of the said Testimony 21. Quest By what Law are Fairs and Markets to be held in Capite when no other express Tenure is mentioned in his Majesties Letters Patents or Grants of the same Fairs and Markets Altho the Rent or Tearly Sum be reserved thereout Declarat The King grants Lands to be held in Free and common Socage as of a Castle or Mannor by Letters Patents under the Great Seal and by the same Letters Patents or by other Letters Patents Grants a Fair and Market reserving a yearly Rent or Summ without expressing any Tenure as to the said Fair or Market the said Fair or Market is not held by Knights Service in Capite or otherwise in Capite I cannot omit one remarkable passage which I find mentioned in Dr. Borlase's Hist of Ireland p. 12. Borlase's History which seems plainly to evince that during this time when they appeared so Zealous for the Redressing of Publick Grievances and removing the obstructions of Justice therein following the very same steps with the Faction of the Parliament of England and Scotland they were at the same time complotting to shake off the Soveraignty of His Majesty by an open Rebellion as the Scots had done in Effect and the English Parliamentary Faction presently after did Which may teach Posterity hereafter to be very Cautious of such pretences and pretenders who through the sides of the prime Ministers of State endeavour to wound Majesty it self and to cover the Designs of Teason and Rebellion with the Popular Cloak of Reformation which were the very steps by which these Three Rebellions one upon the neck of another advanced themselves within the compass of little less then three Years The passage was this During the Summer Sessions which began the 11th of May 1641. Some of the chief Conspirators and among whom the Lord Macguire was one the most busie pretending a suspition That some of the Servants of the late Earl of Strafford to revenge his death to which it seems by this their own guilt acknowledged the Irish very instrumental intended some mischief to the Parliament moved the House and accordingly had Orders that the Lords Justices would let His Majesties Stores for Powder and Arms be searched lest any should be placed near the Parliament Houses which being granted and a diligent search being made but nothing found yet were they not satisfied but procured a new Order to the Lords Justices to be admitted to see the Stores of Powder and Arms placed in other Rooms in and about the Castle To whom the Lord Justice Borlase answered That those were the King 's precious Jewels and not to be shewed without especial Cause but withal assuring them upon his Honor that there was no Powder underneath either of the Houses of Parliament with which answer they were not more discontented then his Lordship seemed surprised with this repeated Order which raised such a sudden Emotion in his blood that he could not but often after reflect upon the reiterated importunity of the enquiry as aiming at something further then was at present discernable Which plainly appears to be to get a perfect knowledge both of the quantity of the martial Stores and the certain place where they were deposited that thereby their intended surprisal of them might be with more ease effected To Sum up what hath
Treason over Shoes over Boots that being charged with Exorbitances destructive of Law he takes shelter under the King's Prerogative which was to cast a Scandal upon it before all that Assembly That his Letters Patents rise up in Judgment against him for betraying that Trust the King had reposed in him ad Custodiendum leges Regni the Orders he produces come not up to the point that a Deputy alone hath determined Matters of Possession Then Witnesses were Examined as to former Deputies the Earl of Cork Lord Ranulagh Sir Adam Loftus Lord Mountnorris and Earl of Bath who all deposed they knew no Deputy determine in matters of Land in Equity or other wise but some times in Matters of Debt for relief of poor men To Henry Dillon's Testimony they replied He had been sentenced at the Council Board for speaking untruths and produced his acknowledgment testified by Sir Adam Loftus and Lord Dillon That in the Lord Mountnorris 's Case he would not grant his Pardon though directed by the King's Letter till he acknowledged his Sentence to be just To this Mr. Anslow deposed the King's Reference That his Majestie is pleased that upon such submission as the Lord Deputy shall approve of he shall have his Liberty to come into England the Lord Deputy to take Notice hereof and Order therein accordingly That the Lady Mountnorris presenting her Petition accordingly upon her knees was rejected by the Lord Deputy Then an Order was produced and deposed by William Brettergh That the Earl of Strafford ordered the Possession in a Suit inter Robert Parkhurst and the Lord Baltinglass and others against the said Lord. To this The Earl's Defence being new matter the Earl replied That Parkhurst had a Clear Title to the Estate by Fine and Recovery and diverse Conveyances That the Lord Baltinglass desired him to see if he could procure him a further Summ of Money from Parkhurst and that it was Ordered with their Consent for the Jurisdiction if he had the Lord Faulkland 's Books of Entries he could make it appear that he had alone granted Warrants for attachment against Body and Goods for Distresses to Sherriffs for Possession of Lands and Injunctions to Judges at Assizes To the deportment of the Lady Mountnorris a Witness affirmed That the Earl told her when she delivered it on her knees That she had done him so great an injury that to have broke his head would have pleased him better My Lord Dillon affirmed that he desired her to rise and handed her to her Coach but received not the Petition acquainting her that he was going abroad The Manager said Mr. Strode The greatest Tyranny was the Earl of Strafford's keeping him in Prison till he should confess the Sentence just which in his heart he abhorred and held unjust My Lord then desired their Lordships to consider his disability and how little time was allotted him for every days defence upon which the Court was adjourned The 7th Article was for the present passed by Tuesday March 30. Artic. 8. and part of the 8th they insisting only upon the latter part of it about the Lady Hibbots Land of which he had dispossessed her and purchased it to his own use in the name of Sir Robert Meredith To this John Hoy was offered as a Witness John Hoy. but the Earl objected against him as swearing for himself he having Inheritance in the Lands Notwithstanding he was admitted and deposed That the Lady Hibbots contracted with Thomas Hibbots for the Reversion of certain Lands for 1600 l. but Sir Robert Meredith offering the said Thomas Hibbots 2250 l. he flew off from his Contract but afterwards for 2500 he perfected the Bargain and passed all the Estate that was in himself but having a Son the Ladies Councel informed her a Recovery was necessary which Hibbots would not stay to perfect upon which Hoy served him with a Subpoena That immediately the said Thomas procured a Petition to the Lord-Deputy to which the Lady and Hoy had time to answer till Thursday but upon a mistake in the Answer my Lord called for the Constable of the Castle and commanded a Warrant for the Commitment of the Council who fell on his knees and obtained forgiveness that desiring Hibbots might be Examined upon Oath and they would be bound by it and his Lordship granted a Warrant for it and he was almost Examined when my Lord-Deputy came to the Board and said Here is a business prosecuted with violence by my Lady Hibbots and an Order procured for the Examination of the Plaintiff but he would have it damned That after a Decree was made for Reassurance and the Estate was purchased for the Lord-Deputy in Sir Robert Meridith 's name that he paid 7000 l. to the said Sir Robert who told him he took it with one hand and carried it to the Castle with the other Thomas Hibbots was Examined Tho. Hibbots who deposed much to the same Effect The Lord Mountnorris and the Earl of Cork deposed That there were more Votes at the Board for the Lady Hibbots then against her To this the Earl answered That the Major part was for the Decree The Earl's Defence appears because there was the Order signed by the Clerk of the Council a sworn Officer who could not draw it up without the plurality of Voices being against the practice of the Board To prove which he produced the Examination of the Lord Primate who declared that to be the Practice and that he hath not known the Earl to press any Member of the Board contrary to his Opinion That he hath heard him profess he had but a single Voice Which the Lord Dillon also confirmed and from the constant Practice sayes he believes it was a Vote of the Major part nor remembers my Lord urged any Member to Vote and that in a Case of the Lord Ranulagh he would not have the casting Vote but referred it to an absent Counsellor who voting against the Lord Deputy the Order was drawn up so Sir Philip Manwaring said in effect the same For the threatning to Imprison the Lady it is Customary here in Chancery to those who will not perform Orders and without it there will be no Obedience To Hoy's Deposition He is interested and expects a Benefit Mr. Hybbot a weak Old man sayes backward and forward but there being a Complaint before the Lords he referred himself to the time he must answer it and as for Sir Robert Meredith and Sir Philip Pierceval 's saying they were not interested in the Purchase Hoy and Fitzgarret speak only by hearsay but when Sir Philip Pierceval is Examined it would be found otherwise he having never spoken to him in all his life about that business The Managers concluded That notwithstanding what my Lord had said they had proved his Exercising Arbitrary Power over the Estates of his Majesties Subjects and though my Lord's Pulse is still beating that this is no Treason yet it is an
fruition of your future favours The fixion our Confidence in you before any other of the Peers and privy Councellors of the Kingdom doubleth this Obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the reading of which we most humbly pray and the manner of it First the Papists in the neighbouring Counties are severely puniâ—â—ed and their miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on fire And we and other Papists are and ever will be as loyal Subjects as any in the King's Dominions For manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it received indelible Impression in our hearts shall be sign'd with our hand and seal'd with our Blood Secondly There is an incapacity in the Papists of Honour and the Immunities of true Subjects the royal Marks of distributive Justice and a disfavour in the Commutative which rais'd Strangers and Forreigners whose valour and vertue was invincible when the old Families of the English and the Major part of us the meer Irish ddi swim in blood to serve the Crown of England and when Offices should call Men of worth Men without Worth and merit obtain them Thirdly The Statute of the 2 Eliz. of force in this Kingdom against us and they of our Religion doth a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real Intention for confirming our Estates his Broad Seal being the pawn betwâ—â—t his Majesty and his people Fifthly The restraint of purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their posterities doth more discontent them than that plantation Rule for they are brought to that Exigent of poverty in these late times that they must be sellers and not buyers of Land And we conceive and humbly offer to your Lordships consideration Principiis obsta that in the beginning of this Commotion Your Lordship as it is hereditary for you will be a Physitian to cure this Disease in us and by our Examples it will doubtless beget the like auspicious scucess in all other parts of the Kingdom For we are of opinion it is one sickness and one pharmach will suffice Sublata causa tollitur Effectus And it will be recorded that you will do service unto God King and Countrey And for salving every the aforsaid Soars your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general pardon without restitution or Account of Goods taken in the time of this Commotion a liberty of our Religion a repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way A Charter free Denizen in ample manner for meer Irish All which in succeeding Ages will prove an Union in all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetnity for an eminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and Quae sunt Dei Deo And it was by the Poet written though he be prophane in other matters yet in this prophetically Divisum Imperium cum Jove Caesar habet All which for this present we to leave your Honourable Care And we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farrall James Farrall Bryan Farrall Readagh Farrall Edmond mac Cael Farrall John Farrall in Carbuy Garret Farrall Lisagh mac Conel Farrall Bryan mac William Farrall James mac Trig Farrall his Mark Morgan mac Carbry Farrall Donnagh mac Carbry Farrall Richard mac Conel Farrall William Mac James Farrall James Farrall Taghna mac Rory Farral Cormack mac Rory Farrall Conock mac Bryne Farrall John mac Edmund Farrall John Farrall Roger mac Bryne Farrall Barnaby Farrall Redeagh mac Lisagh Farrall Connor Oge mac Connor Farrall Edmond mac Connor Farrall Cahel mac Bryne Farrall Before the Parliament broke up the Popish Lords deputed the Lord Dillon to go into England to carry over their Desires to the King and to represent the Means which they thought fittest for the suppressing of the Rebellion and he with the Lord Taaf imbarqued for England but by stress of Weather the Vessel was driven into Scotland and they took their way by Land for London But the Parliament having notice of their coming they were by Order of the Commons seized upon and brought up in safe Custody and all their Papers searched and Examined So unwilling it seems was the Faction that any Address should be made to the King or that any Steps should be made towards the reducing that Kingdom to his Majesties Obedience by any sort of Treaty or Accommodation By this procedure though they gained upon the good Opinion of the People whose favor they most industriously courted and to whom nothing sounded more pleasant then what seemed to express a Hatred and Detestation of the Irish Rebellion and Religion yet certainly was it a means of running the Rebels into such Extremities as dispair of Mercy are wont to produce in those who have transgressed the Bounds of Law and Duty and know their Lives and Estates without it to be forfeited to Justice But for the better understanding of this and some other Particulars the Reader may peruse the following Extracts of some Letters from the Board in Ireland which I found among the old Papers of the Clerk of the Parliaments Office Extract of a Letter of the Lords Justices and Council of Ireland to the Lord Lieutenant dated the 25th of November 1641. THe Rebels in the County of Wexford increasing daily Extract of divers Letters of the Lords Justices Council of Ireland to the Lord Lieutenant received the 6 of December by Mr. Fitz-Girald read Dec. 10. 1641. have taken the Castles of Arickloe Limbrick the Lord Esmond 's House and Fort-Chichester places of good Strength and Importance The Rebels also in the County of Wickloe have laid Siege to his Majesties Castle of Wickloe those in that Castle were in fight with them Yesterday what the issue is we yet hear not and some of those Rebels in the County of Wickloe have dared to come within four Miles of this City and swept away great droves of Cattle And in both Counties as well Wickloe as Wexford all the Castles and Houses of the English with all their substance are come into the hands of the Rebels and the English with their Wives and Children strip'd naked and banished thence by their fury and rage The Rebels in the County of Longford do still increase also as well in their Numbers as in their