thereupon the Court after such retorn made and delivered in open Court shall proceed to examine and determine whether the cause of such Commitment appearing upon the said Retorn be just or legal or not and shall thereupon do what to Justice shall appertain either by delivering bayling or remanding the Prisoner or Prisoners 7. An Act of State or Proclamation in this Kingdom cannot bind the liberty Inheritance possession or goods of the Subjects of the said Kingdom nor alter the Common Law and the Infringers of any such Act or Proclamation ought not to forfeit Lands Leases Goods or Chattels for the infringing of any such Act of State or Proclamation and the Judges of the Law who do vote for such Acts of State or Proclamation are punishable as breakers and violaters of their Oaths of Judges 8. No Subject of this Kingdom ought to be sentenced to death or Executed by Martial Law in time of peace and if any Subject be so sentenced or executed by Martial Law in time of peace the Authors and Actors of any such Sentence or Execution are punishable by the law of the Land for their so doing as doers of their own wrong and contrary to the said law of the Land 9. No Man ought to be punished in the Castle-Chamber or in any other Court for taking a voluntary Oath before Arbitrators for affirmance or disaffirmance of any thing or the true performance of any thing in Civil Causes Nor are the Arbitrators before whom such voluntary Oaths shall be taken punishable 10. By the Laws and Statutes of the Realm no Man is bound or ought to be compelled to acknowledge the offence layed to his charge or the justness of any Censure past against him in the Castle-Chamber or at the Councel-Table nor ought to be detained in Prison or abridged of his liberty or the reducement of his Fine stayed or delayed until he do acknowledg such offence or the justness of such Censure And it is further declared That no such inforced or wrested confession or acknowledgment can or ought to debar or hinder any Subject from his Bill of Reversal or review of any Sentence or Decree past or conceived against him in the Castle-Chamber or in any other Court 11. The Judges of the Kings Bench or Justices of Gaol-delivery or the Judges of any other Court ought not to deny Copies of Indictments of Felony or Treason to the parties indicted 12. The Barons of the Exchequer ought not to raise the respit of Homage above the usual rates appertaining in and by the course and presidents of that Court continued until the year of our Lord God 1637. And the raising thereof since that time was Arbitrary and against the Law And the Barons of the Exchequer ought not to distinguish between the respit of Homage upon any diversity of the true values of the Knight's Fees 13. The Subjects of this Kingdom may lawfully repair into England to repeal to his Majesty for redress of Injuries or for other their lawful occasions And for their so doing ought not to be punished or questioned upon the Statute of 5. of King Richard the second nor by any other Law or Statute of force in this Kingdom eminent Officers or Ministers of State Commanders and Souldiers of his Majesties Army The Judges and Ministers of his Majesties Courts of Justice and of his Highness Revenues and Customes whose attendance is necessary requisite by the Laws and Statutes of the Realm only excepted 14. Deaneries or other Ecclesiastical Dignities of this Realm are not de mero Jure Donative but some are Donative and some Elective and some are Collative according to their respective foundations And the confirmation of the Bishops grants by a Dean de facto having actually stallum in Choro vocem in Capitulo togegether with the Chapter is good in Law 15. The issuing of Quo warrantoes out of the Court of Kings Bench Court of Exchequer or any other Court against Borroughs that antiently or recently sent Burgesses to the Parliament to shew cause why they sent Burgesses to the Parliament and the proceedings thereupon are Coram non Judice illegal and void And the right of sending Burgesses to the Parliament is questionable in Parliament only And the occasioners procurers and Judges in such Quowarrantoes and proceedings are punishable as in Parliament shall be thought consonant to Law and Justice 16. Jurors are the sole Judges of the matter in fact and they ought not for giving their Verdict to be bound over to the Court of Castle-Chamber by the Judge or Judges before whom the Verdict was or shall be given 17. No man ought to be censured in the Castle-Chamber in the mutilation of Members or any other Brand of Infamy otherwise or in other Cases then is expresly limited by the Statutes of this Realm in such cases provided 18. In the Censures of the Castle-Chamber especially regard ought to be had to the words of the great Charter viz. Salvo contenemento c. 19. A Felon who flies the course of Justice and lieth in VVoods Mountains or elsewhere upon his keeping is no Traytor and a Proclamation cannot make him a Traytor 20. The Testimony of convicted or protected Rebels Traytors Felons is no sufficient evidence in Law upon the Trial of any person for his life And the credit of the Testimonie of persons accused or impeached and not convicted of Felony or Treason ought to be left to the Jury who are sole Judges of the truth and validity of the said Testimony 21. The King grants Lands to be held in free and Common Soccage as of a Castle or Mannor by Letters Patents under the great Seal and by the same Letters Patents or by other Letters Patents grants a Fair and Market reserving a yearly Rent or sum without expressing any Tenure as to the said Fair or Market the said Fair or Market is not held by Knights-Service in Capite or otherwise in Capite FITZ GERALD's Edict manifesting the Cause of his Rebellion relating to fol 15. Edictum Illustrissimi Domini Jacobi Geraldini de Justitia ejus Belli quod Hibernia pro fide gerit SI ut bellum aliquod justè geratur tria requiruntur Causa Justa Potestas Legitima Legitimus belli administrandi Modus Haec tria in hoc Bello concurrere jam planum fiet Causa enim hujus belli est dei Gloria Cui externum Sacrificii cultum visibilem Sancti Altaris honorem ab Haereticis impiè ablatum nos restituendum curamus Gloria item Christi Cujus Sacramenta gratiam conferre cum Haeretici blasphemè negent Christi Evangelium ejusdem infirmitatis accusant ob quam lex reprobata fuit Gloria item Ecclesiae Catholicae quam contra Scripturarum veritatem Haeretici aliquot saeculis obscuram mundo ignotam fuisse mentiuntur At in Dei Nomine per Christi Sacramenta sanctificando
October either by himself or his Under-tenants or by receiving the Rents Issues or profits thereof shall immediately restore upon demand the said possession to the party or parties so put out with such reasonable damages as the Council-provincial shall think fit And if the party do refuse to restore the said possession as aforesaid upon the Demand of the party so put out his Heirs or Assigns made to the said possessor his Servants and Adherents in the Premisses or publication of this Order in the Parish where such Land lieth that upon his or their denial thereof or default therein he his Heirs and Assigns shall be for ever after debarr'd and secluded from all and every Right Title Interest or Demand which he or they make or pretend to all or any the said Lands Tenements Hereditaments And if after such Denial or Default made the said party his Heirs or Assigns shall not immediately restore the possession of the said Lands Tenements or Hereditaments so gain'd to the party griev'd his Heirs or Assigns That he they or his Adherents in the premises shall be declared and proceeded with as Enemies provided and so it is meant That if any of the parties so put out be declar'd a Neuter or Enemy by the Supream or Provincial-councel then the party who gain'd the possession as aforesaid shall give up the possession to such person or persons as shall be nam'd either by the said Council-provincial or Supream Council to be dispos'd of towards the maintenance of the general Cause upon the pain and penalty aforesaid And as for the Rents and mean profits of the said Lands Tenements and Hereditaments and all kind of Rents and the Goods or Chattels taken or detain'd from any Catholick as aforesaid due satisfaction is to be made for the same to the parties from whom the Rents Goods or Chattles were or shall be detain'd since these troubles begun as the Provincial and County-council shall respectively order 13. Item It is further ordered and established for the removal of evil disorder and enmity and to the end all Men may bend their thoughts and actions to the common Cause that all possessions of Lands and Hereditaments shall continue and remain unto such as have already join'd in this Union as they have been for three years past next before the beginning of these Troubles And that no Title of Lands shall be drawn into any Debate or Question until the next Assembly other than in case of Mortgages Leases and particular Estates de facto determin'd or determinable by Effluxion or other determination thereof 14. Item For the avoiding of National distinction between the Subjects of his Majesties Dominions which this Assembly doth utterly detest and abhor and which ought not to be endured in a well-govern'd Commonwealth It is ordered and established that upon pain of the highest punishment which may be inflicted by Authority of this Assembly that every Roman Catholick as well English Welsh as Scotch who was of that profession before the troubles and who will come and please to reside in this Kingdom and join in the present Union shall be preserv'd and cherish'd in his Life Goods and Estates by the Power Authority and force if need require of all the Catholicks of Ireland as fully and freely as any Native born therein and shall be acquitted and eas'd of one third part in three parts to be divided of publick Charges or Levies rais'd or to be rais'd for the maintenance of this holy VVar. 15. Item And it is further ordered and establish'd that there shall be no distinction or comparison made betwixt old Irish and old and new English or between Septs or Families or between Citizens and Townsmen and Countreymen joyning in union upon pain of the highest punishment that can be inflicted by any of the Councils aforesaid according to the nature and quality of the Offences and Division like to spring thence 16. Item It is further ordered and establish'd that all new Converts born in any of his Majesties Dominions or elsewhere without occasion given by the persons converted to the contrary and joyning in this Cause shall be accounted Catholick Natives to all intents and purposes 17. Item It is further ordered and establish'd that all Artificers Artizans Navigators and Mariners not being Denizens who shall please to reside in this Kingdom shall during their Residence in this Kingdom after such time as they and their Families shall be here setled have and enjoy the free liberty and priviledges of Natives in all respects 18. Item It is further ordered and establish'd that in regard of of the present Estate and condition of this Kingdom if any Catholick or Catholicks are admitted of or permitted to continue in the Inns of Court and to the end the laudable Laws of England may not die amidst the Disasters of these times one Inn of Court shall be erected in such a place of this Kingdom as to the Supream Council shall be thought fit for the training of the Gentry of this Kingdom to the knowledg of these Laws 19. Item It is further ordered and establish'd that no Lord Gentleman or any other person shall raise or keep any Company of Souldiers but such as shall be authoriz'd by the Supream Council Provincial-council or County-council or Magistrate within their own Corporate Towns And that the Statute against Sesse and Coin or Livery be duly put in execution And that no Company or Souldiers whatsoever shall be paid or reliev'd by the Countrey except such as are and shall be inrolled in the Marshal List And none shall be billeted but by the Constable 20. Item It is further ordered and establish'd for the advancement of Learning that in every Province of the Kingdom Free-Schools shall be erected and maintain'd so many and in such places and in such manner and form as by the Metropolitan of the Diocess in their respective Provinces shall be thought fit 21. Item It is further ordered and establish'd that the King's Customs Rents Revenues Arrears and Debts And the Rents Estates and profits of the Lands Hereditaments Goods and Chattels of the Enemies which are or shall be declared by the Provincial or Supream Council or by the General Council to be receiv'd and collected and be dispos'd for his Majesties use and service 22. Item It is further ordered and establish'd that Church-lands and Tithes impropriate in the Catholick-owners before these troubles and joyning in this Cause may be left to them according to their several Estates until the same be disposed of by Parliament they in the interim answering the Rents as accustomed 23. Item It is further ordered and establish'd that in every County there be Collectors and Receivers to be approved in the County-council for the same And that they be accountable to the County-council for the same which County-council shall be accountable to the Provincial-council therein half-yearly and the Provincial-council to the Supream-Council yearly to the end the same may not be conceal'd or
misapplied 24. Item It is ordered and agreed where any Arch-bishops Bishops or other Dignitary or any other person or persons whatsoever hath or enjoyeth any Lands Tenements or Hereditaments Tithes or other Church-Livings in one County or Province or doth or shall keep his or their Residence in another County or Province and hath his or their Creation or Nomination in any other County or Province where the said Lands Tenements Hereditaments Tithes or Church-Livings to the general use shall be employed within the said County or Province where the said Lands Tenements Tithes or Church-Livings do lie as by the several County-councils respectively shall be thought fit for the publick Cause 25. Item It is ordered and establish'd by the general Assembly that any Woman being a Roman Catholick and Wife of any Protestant or Catholicks that hath forsaken his Houses Estate and Wife and adhered unto the Enemy that every such VVife may enter into her Jointure if any be convey'd unto her or may recover her Thirds of her said Husband's Estate as if her said Husband were actually dead And that every such VVife shall be in such condition and capacity to sue and be impleaded as if her Husband had been exiled and banished the Realm by judgment of Law except the Provincial-council or Supream-Council in Particular Cases order the contrary 26. Item It is ordered and establish'd that the possession of Protestant Arch-bishops Bishops Deans Dignitaries and Parsons in right of their respective Churches or their Tenements in the beginning of these troubles shall be deem'd taken and construed as the then Possession of the Catholick Arch-bishops Bishops Deans Dignitaries Pastors and their Tenements respectively to all intents and purposes and that those Possessions are intended within the Precedent Order for settlement of Possessions 27. Item It is ordered and established that no man being Prisoner by Authority of any of the Councils aforesaid without order of the said Councils respectively shall be enlarged And that no Protection be given to servants and other men of the Enemies Party without the like Order or the Order of the chief Commander of the Army in the several Provinces or Counties 28. Item Whereas abuses have been committed in some parts of this Kingdom in taking of Arms Ammunition and other Merchandizes from Merchants arrived in the Creeks and Harbours far from their intended Port by reason of Tempest or the danger of Enemies to the great discouragement of Merchants It is therefore ordered and established that where any Ship or Ships or other Vessels shall come or arrive in any Harbour Bay or Creek within this Kingdom loaden with Arms Ammunition or other Merehandize that in such cases all those that are or shall be in Command in the adjacent Counties respectively shall protect and defend the said Merchants procure Carriage for the said Goods and safely convey the same to the said Merchants intended Port and not to suffer the same or any of the same under colour of paying for the same or otherwise to be disposed of or taken before the same come to the intended Port and be entred into the List of the Commissioners And any that shall Rob Steal or Violently take away any of the said Goods contrary to this Order shall be deemed and punished as Enemies to the publick good of this Kingdom and suffer death therefore 29. Item That certain Commissioners shall be appointed in every Port-Town of the Free-men and Residents therein by the Provincial or Supreme Council for the viewing of all the Arms and Ammunition that shall be hereafter imported into this Kingdom from beyond Seas and to certifie the same to the Supreme Council with all speed and to prevent abuses in the Sale for issuing or disposing of them 30. Item It is ordered and established that where Souldiers do run from their Garrisons or Commanders unto other Counties or or Provinces that the Commanders or chief Governours of the said County or Province upon complaint made thereof shall send back the Fugitive Souldiers to their Commanders to be dealt withal according to Justice 31. Item It is ordered and established that the Debts and other Duties owing to Creditors of this Union being Neuters and Enemies shall be paid out of the Goods Lands Tenements and Hereditaments of the said Neuters and Enemies respectively before any other publick charge be answered thereout 32. Item It is ordered and established that no Souldiers or other Persons without Command from the County-Council meddle with the Lands or Goods of Neuters or Enemies 33. Item it is ordered and established that to prevent the springing up of all National distinctions the Oath of Association or Union be taken solemnly after Confession and receiving the Sacrament in the Parish Churches throughout the Kingdom and the Names of all the Persons of Rank and Quality in every Parish that take the same to be enrolled in Parchment and to be Return'd Sign'd and Seal'd by the Parish Priest to the Ordinary of every Diocess who is to keep the same in his Treasury and to certifie a Copy thereof under Seal to the Metropolitan who is to keep that and to certifie a true Copy thereof under his Metropolitical Seal to the Rolls of the Kingdom where the same is to be enrolled APPENDIX IX Fol. 99. By the Lords Justices and Councel W. Parsons Jo. Borlase WHereas for special reasons of State moving Us thereunto We issued divers VVarrants forbidding his Majesties Army to burn certain Houses and Corn and to forbear pillaging spoiling and taking away Goods and Cattle of divers persons And whereas also not only We the Lords Justices or one of Us or our very good Lord the Earl of Ormond and Ossory Lieutenant General of the Army but also the late and present Commander or Commanders of his Majesties Forces in the City of Dublin or in Drogheda and other places within the Province of Lemster some of them having no authority or direction so to do and issued Warrants admitting sundry persons many of which persons by their present ill demerits in this General Rebellion might justly have been forthwith prosecuted with fire and sword with safety to bring or send to the Markets of Dublin Drogheda and other places Corn and other provisions to be there sold which was done in expectation that by that forbearance used towards them when they saw just vengeance taken on others for the same adhering to and relieving those who in this Rebellion publickly carry Arms and commit open Acts of Hostility they might be moved to depart from adhering to or relieving those notorious Actors in the Rebellion in gratitude to his Majesty and this State for so much clemency used towards them yet so ungrateful have many or most of those persons been found and so insensible of the duty and loyaltie of good Subjects to his Majesty as notwithstanding that clemency used towards them they have not returned the fruits of Loyaltie expected from them but on the contrary have run on in their
read Perinchief Fol. 17. Line 30. read Consequences Fol. 18. Line 29. read Execrabiles An Account of what the subduing the Rebellion of Ireland begun the 23d of October 1641. hath cost and what Damage the Protestants there have sustained thereby and what Lands have been forfeited and disposed of to Adventurers Souldiers and other English and what to the Irish and now in their possession Abstracted out of the Accounts of Moneys in the Exchequer during such time as any regular Accounts were made up and by probable and rational Estimates for the time in which no Accounts were kept by reason of the general Rebellion and Confusion and out of the Surveys Decrees and Settlements made by his Majesty's Commissioners for executing the Acts of Settlement and Explanation in Ireland   l. s. d. l. s. d. l. s. d. 1. Moneys receiv'd and issued from the 6th of July 1649. to the 1st of November 1656. being 7 years and 4 months according to an Account thereof remaining as a Record in the Auditor-General's Office in Ireland Transmitted out of England in specie 1566848 13 4 3509396 17 0½ 22191258 3 0½ Assessments in Ireland 1309695 14 11½ Rents of forfeited and sequestred Houses Lands Fishings c. 161598 8 7¾ Tythes sequestred 135524 3 2½ Customs and Excise 252474 18 10¾ Preys of Cows Horses and other Goods taken from the Rebels and for other casual Revenue 083258 18      l. s.  Money issued in England towards transporting Armies raising Recruits buying and sending over Provisions of all sorts for the Army and other Moneys issued by Warrant from the then Council or the Committee of the Army in England which was not accounted for in Ireland the Warrants and Accounts being never transmitted thither of which there is a Reference in the account of Record in the Exchequer above-mentioned which is estimated to be as much if not more than the above sum of 3509396 l. 17 s. 0½ d. In that all Cloths Linnen and Woollen Stockings Shooes Boots Horses Saddles Arms Ammunition Tents Bread Cheese and all other eating Provisions were sent from England and the price thereof deducted from the weekly Pay of the Army and not brought to Account and so estimated as above 3509396 17       l.   The Charges of the Armies in the several Provinces of Ireland from the 23d of October 1641. the time the Rebellion broke out to the 6th of July 1649. from whence the Account is stated as above being about 7 years and 9 months when no regular Accounts were or could be kept by reason of the Confusion in which the Kingdom was by the Rebellion there may be by probable Estimate added without any Allowance for Provision of all sorts after the Rate of what was paid the Army after the 6th of July 1649. when Provisions were deducted 3760068        l. s.  The Loss of Rents for 14 years from October 1641. until the year 1655. reckoning the Land but at 12 d. an Acre yearly is 7608264 l. 6 s. and reckoning all the Corporations Houses and Tithes but at a Moiety thereof comes to 11412396 9  Besides the Loss by the Devastation of Houses Orchards Gardens Improvements Houshold-stuff Corn Cattel and the impairing the value of Land unto that time not to be estimated but in reason to be accounted as much as before is computed for all other Charges Losses and Expences if not much more the same extending to the whole Kingdom 2. By the Surveys of Ireland there is in Ireland as forfeited by the Rebellion and belonging to Protestants not forfeited of Plantation-Acres accounting 21 Foot to the Perch and 160 Perches to the Acre in the respective Provinces the quantity of Land hereafter mentioned   a. Acres Leinster  2603520 10868949 Munster  3255874 Ulster  2777875 Connaght  2231680 The which Lands are divided and distributed as by the Surveys and Records of the Court of Claims will appear as followeth  a.  To the Protestants and others that proved their constant good affection including the Bogs Loughs and Mountains in Ireland 6110292 10868949 To Adventurers 396054 2717549 To the Officers and Souldiers 1442839 To the Officers that served his Majesty against the Rebels in Ireland before the year 1649. 278041 To his Royal Highness the Duke of Tork as Regicides Lands 111015 To Protestants on Provisoes by the Acts of Settlement and Explanation 383975 To the Bishops for their Augmentations of which some have possession 118041 Reserved to his Majesty as un-disposed upon the account of Lewis Dyke and Thomas Conyngham being set out on fraudulent Adventures 14006 Left of course Lands un-disposed the Title to the greatest part whereof was doubtful 73578 Restored unto the Irish upon Decrees of Innocency 965270 2041108 Restored to them by special Provisoes in the Acts of Settlement and Explanation 408083 Set out upon their Transplantations of Connaght and Clare over and above what is confirmed to English Protestants who purchased Interests there from the Irish 667755 So that the Irish notwithstanding the Rebellion and their great complaints of losing all their Lands are restored unto and possessed of almost one half of all the Lands formerly accounted forfeited by the Rebellion Besides that the 2717549 Acres granted to the English hath cost as before besides the loss of hundreds of thousands of Men murthered by and killed in subduing the said Rebels the sum of 22191258 l. 3 s. 0½ d. And accounting the said 2717549 Acres to be worth 12 d. per Acre one Acre with the other yearly they will come to 135876 l. 9 s. which for the Purchase thereof at 10 years Purchase comes to 1358764 l. 10 s. After which Rate the Lands granted to the English and Protestants are not the 15th part of what the Money expended in subduing the said Rebellion would have bought and accounting the Devastations and the loss of many thousands of Mens Lives for nothing A REFLECTION Upon the State of IRELAND With occurrent Accidents before the breaking forth of the Rebellion 23d of Octob. 1641. THough we date the Conquest of Ireland from the submission of the Kings and Natives there to Henry the Second 1172. yet on a truer estimate we must conclude that Ireland was never really subjugated to the Crown of England till our Laws became as communicable to the Natives as the English whereby each Party without distinction grew up together into one Nation which was never effectually vouchsafed till after Tir-Oen's last submission at Mellifont to the Lord Mountjoy 1603. by which the minds of the People were broken to the obedience of the Law and after that became so pliable as near fourty years there seemed no material distinction betwixt the Natives and other Inhabitants each concentring in subjection to the Laws making up but one Jury living in mutual amity and friendship till Indulgence so far became a mischief as thence
implorant demisse benedictionem obsecrantes Kilkenniae 7. Jan. 1645. Vestrae Sanctitatis ad Pedum Oscula But to proceed to the Peace in which all the Particulars which might concern the Interest and Security of either Party being maturely weighed and considered and then every Article being first read debated and approved in the general Assembly without one dissenting voice the whole was concluded and the Confederate Catholicks obliged to transport within a very short time an Army of 10000 Men into England for the Service and Relief of the King as by the succeeding Propositions with Colonel Fitz-Williams is fuller evident Fitz-Williams's Propositions about the Treaty with the Queen to bring Irish into England Col. Fitz-Williams humbly prays and propounds as followeth THat your Sacred Majesty will vouchsafe to prevail with his Majesty to condescend to the just Demands of his Irish Subjects the Confederate Catholicks in Ireland at least in private That upon the consideration thereof Colonel Fitz-Williams humbly propounds and undertakes with approbation of Mr. Hertogen now imployed Agent for the said Confederate Catholicks in Ireland to bring an Army of 10000 Men or more of the King's Subjects in his Kingdom of Ireland for the King's Service into England That Colonel Fitz-Williams undertakes for the sum of 10000 l. sterling to levy Ships and arm the 10000 Men and so proportionably for more or less and that the said Moneys may be paid into such hands as may be safe for your Majesty as well as ready for the said Colonel when it shall appear the said Army shall be in readiness to be transported into England That upon the Landing of the said Men there shall be advanced to the Colonel one months Pay for all the Army according to the Muster for the present support of the Army That Colonel Fitz-Williams may be Commander in Chief thereof and dispose of all the Officers and only be commanded by the King Prince and and qualified with such Benefits as have been formerly granted unto your Majesty's Generals that have commanded Bodies apart from the King 's own Army as the Earl of Kingston and others whereby the better to enable him in the Levies as well as in the general Conduct of the Business And in respect the Order gives no Power to the Irish therefore that the said Forces shall not by any Order whatsoever be divided at least that the Colonel may be supplied with a Body of 2000. to be ready at the Place of Landing That the Colonel may be provided with Arms and Ammunition or with Money requisite for himself to provide necessary Proportions for to bring with him That the Army shall be paid as other Armies of the King Having taken these Propositions into Consideration We have thought fit to testifie our Approbation and Agreement thereunto under our Sign Manual assuring what hath been desired of us therein shall be forthwith effectually endeavour'd and not doubting to the satisfaction of the Confederate Catholicks of Ireland and of the said Colonel so that we may justly expect an agreeable compliance and performance accordingly from all Parties in their several Concernments Henriette Marie All things thus stated and setled the Commissioners who had treated in the Peace were sent by and in the Name of the Assembly to Dublin where the Lord Lieutenant resided to sign the said Articles and to receive his Lordship's Confirmation of them And accordingly the Articles were the 30th of July 1646. interchangeably signed and perfected with all formality requisite notwithstanding his Majesty's Letter from Newcastle the 11th of June 1646. to treat no farther with the Rebels and shortly after they were with great Solemnity and Ceremony published and proclaimed by the King at Arms at Dublin and at Kilkenny where the Supream Council and the Assemblies of all the Confederate Catholicks were held and then Printed by their Authority The Arch-Bishop of Firmo manifesting his approbation of all that had been done giving his blessing to the Commissioners when they were sent to Dublin to conclude the Treaty and other Ministers from Foraign Princes being present consenting to and witnessing the Conclusion By the Lord Lieutenant and Council Ormond WHereas Articles of Peace are made concluded accorded and agréed upon by and between Us James Lord Marquiss of Ormond Lord Lieutenant General and General Governor of his Majesties Kingdom of Ireland his Majesties Commissioner to Treat and Conclude a Peace with his Majesties Roman Catholick Subjects of the said Kingdom by vertue of his Majesties Commission under the Great Seal of England bearing Date at Buckingham on the 24th day of June in the Twentieth year of his Reign for and on the behalf of his Most Excellent Majesty of the one part and Donogh Lord Viscount Muskery and others appointed and Authorized by his Majesties said Roman Catholick Subjects by vertue of an Authority of the said Roman Catholick Subjects bearing Date the sixth day of March 1645. and in the 21. year of his Majesties Reign of the other part a true Copy of which Articles of Peace is hereunto annexed We the Lord Lieutenant and Council do by this Proclamation in his Majesties Name Publish the same And do in his Majesties Name strictly charge and command all his Majesties Subjects and all others Inhabiting or Residing within his Majesties said Kingdom of Ireland to take notice thereof and to render due Obedience to the same in all the parts thereof And as his Majesty hath been induced to this Peace out of a deep sense of the Miseries and Calamities brought upon this his Kingdom and People and out of a hope conceived by his Majesty that it may prevent the further effusion of his Subjects blood redeem them out of all the miseries and calamities under which they now suffer restore them to all quietness and happiness under his Majesties most gracious Government deliver the Kingdom in general from those slaughters deprecations rapines and spoils which always accompany a War encourage the Subjects and others with comfort to betake themselves to Trade Traffick Commerce Manufacture and all other things which un-interrupted may increase the wealth and strength of the Kingdom beget in all his Majesties Subjects of this Kingdom a perfect Unity amongst themselves after the too long continued Division amongst them So his Majesty assures himself that all his Subjects of this his Kingdom duly considering the great and inestimable benefits which they may find in this Peace will with all duty render due obedience thereunto And We in his Majesties Name do hereby Declare That all Persons so rendring due Obedience to the said Peace shall be protected cherished countenanced and supported by his Majesty and his Royal Authority according to the true intent and meaning of the said Articles of Peace Given at his Majesties Castle of Dublin the Thirtieth day of July 1646. Ri. Bolton Canc. Roscomon Dillon Cha. Lambart Gerrard Lowther Fr. Willoughby Robert Forth La. Dublin Geo. Cloyne Arthur Chichester Hen. Tichborn Tho. Lucas
called ordinarily the Council-Table be of Members true and faithful to his Majesty and such of which there may be no fear or suspition of going to the Parliament Party 3. That Dublin Tredagh Trim Newry Catherlagh Carlingford and all Garrisons within the Protestant Quarters be Garrison'd by Confederate Catholicks to maintain and keep the said Cities and Places for the use of our Sovereign Lord King Charles and his Lawful Successors for the defence of this Kingdom of Ireland 4. That the present Council of the Confederates shall swear truly and faithfully to keep and maintain for the use of his Majesty and his lawful Successors and for the defence of the said Kingdom of Ireland the above Cities of Dublin and Tredagh and all other Forts Places and Castles as above 5. That the said Council and all General Officers and Soldiers whatsoever do swear and Protest to fight by Sea and Land against the Parliamentarians and all the Kings Enemies And that they will never come to any Convention Agreement or Article with the said Parliamentarians or any the Kings Enemies to the prejudice of his Majesties Rights or of this Kingdom of Ireland 6. That according to our Oath of Association we will to the best of our power and cunning defend the fundamental Laws of this Kingdom the Kings Rights the Lives and Fortunes of the Subjects His Excellency is prayed to make Answer to the above Propositions at furthest by two of the Clock in the afternoon on Thursday next J. Preston Owen O Neile Let all dis-passionate men now consider what could the Marquis do his Quarters were so strait and narrow that they could yield no support to the few Forces he had left all his Garrisons besieg'd without an Enemy being destitute of all Provisions within all the Army he had for the Field and Garrisons amounted not to 5000 Foot and 1100 Horse without Cloathes Money or Fixed Arms and with so inconsiderable a Store of Ammunition that when the Nuncio was upon his march towards Dublin he had not in that most important City the Metropolis of the Kingdom more than 14 Barrels of Powder So that not onely the Inhabitants but the Soldiers themselves grew impatient of the distresses they were in and which inevitably they saw must fall upon them and they who had before presum'd in corners and whispers to tax the Marquis of not being zealous enough of the English Interest and too credulous of what was promised and undertaken by the Irish had now the boldness to murmur aloud at him as if he had combined with the Irish to put all into their hands They who from the beginning of the Troubles had been firm and unshaken in their Duty and Loyalty to the King and chearfully suffered great losses and undergone great hazards for being so and been of the most constant affection to and confidence in the Marquis and resolved to obey him in whatsoever he should order for the King's Service for the conducting whereof he was solely and entirely trusted by his Majesty could not yet endure to think of being put into or falling under the power of the Irish who by this new breach of Faith had made themselves utterly uncapable of any future Trust for what security could they publickly give for performance of the Contract which they had not lately given for the observation of that which so infamously they had receded from Whereupon he found it absolutely necessary to make a shew of inclining to the English and sent to the Ships then riding in the Bay of Dublin that they would transport some Commissioners from him to the Parliament to treat about the surrender of the City and the other Garrisons under his Command Which Proposition was embrac'd by them and the Persons deputed accordingly conveyed into England By this means the Marquis was forthwith supplied with 20 Barrels of Powder which the Captain of those Ships delivered to him the 10th of March by the permission of the Lord Lisle the Parliaments Lord Lieutenant without which he could have made no defence against the Nuncio whereby the Irish had a fair warning to bethink themselves in time of returning to their Duty since they might discern that if they would not suffer Dublin c. to continue in the Kings obedience it should be delivered to them who would deal less graciously with them and had power enough to punish those indignities which had been offered And the Marquis was still without other Engagement than to do what he should judge most conducing to his Majesties Service However the Rebels persisted in their intentions against Dublin where for a while we must leave them and see what course the Parliament took to infest their Quarters much they were concern'd that affairs went not on so successfully there as they expected where that they might have one Governour answerable to the exigencies of that Kingdom they Voted Philip Viscount Lisle Lord Lieutenant passing thereupon in April 1646. a Patent to him for one year allotting him 40000 l. with what else was requisite for his dispatch in raising which they were so slow many of the House being of an opposite Party as he could not get away from London till the 1st of Febr. 1646. arriving at Bristol the 6th where he found several of his own Troops and his Brother Colonel Sidney's in readiness to be transported for Ireland But Money being not come he was forc'd to Quarter them thereabouts till its arrival and himself with 30000 l. 7 Pieces of Battery 1000 Muskets 100 Barrels of Powder embarqu'd the 18th at Minhead and landed near Cork the 20th and came thither the day following where he was altogether unexpected especially by the Lord Inchequin he found things in great disorder the Army filled with Officers disaffected to him the Custodiums and Contributions no way manag'd to the publick advantage thereupon reform'd the defects and marching the 15th of March to visit Talloe Lismore Toughall Fermoy and other Places found the Countrey protected even to the Walls of the Protestant Garrisons so as no mischief could be done by them to the Rebels and about the 20th of March Knockmohun was delivered to him He order'd all things for the best advantage of the Interest he was put upon and finding his Commission was near expir'd the General Officers petition'd that in case his Lordship were not continued the Command of the Army might rest in them which the Lord President with others oppos'd The Lord Lieutenant's Commission determind ' the 15th of April 1647. And shortly after such animosities arose betwixt the Parliaments Commissioners and the Lord Inchequin as doubtless if some Privy Counsellors had not interpos'd great inconveniencies would certainly thence have risen The Lord Lisle accompani'd with the Lord Broghil and Colonel Sidney went presently for England and arriv'd at London about the beginning of May following taking the first occasion to give the House an account of his Journey which may
Deputy General or such Guards as he shall appoint not exceeding one hundred men for Johns Gate this day by Sun-Jet and for performance hereof the above-named Lieutenant Colonel Piers Lacy Lieutenant Colonel Donogh O Brion Alderman Dom. White and Nicholas Haly Esquires shall remain as Hostages with the said Deputy General until the surrender of the said City 2. That in consideration hereof all persons now in the City except such as are hereafter excepted shall have Quarter for their Lives liberty of their Persons their Cloathes Money and other Goods so as to be free from Pillage Plunder or other hostile violence in their Persons or Goods during their continuance under the said Deputies safe conduct or protection by vertue of the ensuing Articles respectively But whereas through the practices of some Persons more eminent and active than the rest both amongst the Clergy Military Officers and Citizens and other sorts of men which in the large Conditions formerly tendred for surrender have been rejected the subsequent occasions or opportunities for timely making of Conditions neglected and avoided the dispositions and desires of many Persons within to that purpose opposed resisted and restrained and the generality of the People partly deluded and deceived to the keeping of them in vain expectations of relief from one time to another and partly over-awed or enforced by their power to concur and contribute thus long to the obstinate holding out of the Place therefore the Persons hereafter named with Major General Hugo O Neil the Governour Major General Purcel Sir Jeffery Gallaway Lieutenant Colonel Lacy Captain George Wolfe Captain Lieutenant Sexton the Bishop of Emly John Quillen a Dominican Frier David Roch a Dominican Frier Captain Laurence Welsh a Priest Francis Wolfe a Franciscan Frier Philip O Dwine a Priest Alderman Dom. Fanning Alderman Thomas Stretch Alderman Jordan Roach Edmond Roach Burgess Sir Richard Everard Doctor Higgen Maurice Baggot of Baggots-town and Jeffery Barron being as aforesaid the principal appearing in such practices in this Siege and the holding out so long as also Evan the Welsh Soldier who ran into Limerick and all other persons that have been employed and come into the City as Spies since the fourth day of June last shall be excepted and excluded from any benefit of this Article or any Article ensuing and such of them as can be found within the Garrison shall be rendred up at mercy upon the surrender of the City And any such Person or Persons as shall be found to hide or conceal any of the said excepted Persons or be privy to their concealment or attempt of escape and not discover or do their best endeavour to prevent the same shall thereby be understood to have forfeited the benefit of these Articles to themselves but otherwise none shall lose that benefit for other mens default in their concealment or escape or for the not rendring them up as aforesaid 3. That all Officers Soldiers and all other persons now in the City not excepted in the last precedent Article shall also have liberty to march away with their Clothes Bag and Baggage Money and all other their Goods of what kind soever except Arms Ammunition and other Utensils of War carrying nothing but their own to what Place or Places they shall choose respectively within the Dominion of Ireland not being a Garrison for the Parliament all the Field-Officers of Horse and Foot and Captains of Horse with their Horses Pistols and Swords and other the Commissioned Officers with their Swords onely and shall have three months time after the surrender to remove any Goods of their own that they shall not think fit soever to carry with them And such of them as shall choose to go to any Garrison or Parties of the Enemy shall have Convoy or safe Conduct for that purpose for such time as shall be requisite for their march at the rate of ten miles a day and shall have Carriages and Provisions allowed from the Countrey at the usual Rates 4. That such of the Citizens and Inhabitants interested in the City as are not excepted in the second Article and shall not presently march as aforesaid but desire to continue longer in the City shall upon application for that purpose to the said Deputy General or the chief Officer commanding in Limerick after the surrender have license given them to stay either for such further time as the said Deputy General or the said chief Officer present shall find convenient or until further warning given them to depart and in case of such license given till further warning shall have four months time allowed from and after such warning for the removal of themselves and their Families and six months for the removal of their Goods and during such further time limited or in case of reference to further warning during their continuance there to the time of warning given and for the said four months and six months after respectively shall be protected in their Persons Families and Goods from all injury and violence and at any time as they shall desire which in the said space or spaces respectively shall have liberty and safe conduct for the removal of themselves their Families and Goods to any Place or Places within this Dominion not being Garrison'd for the Parliament as aforesaid and if they shall not be admitted to reside elsewhere in protection within this Dominion they shall have liberty for themselves their Wives Children and Goods to pass beyond the Seas Provided that they pay their due proportion of what Taxes and other Contribution shall be charged upon the City from the day of the surrender to the day of the removal in due proportion with other Places in Ireland and behave themselves as becomes And such of the said Citizens and Inhabitants as having not license to stay until further warning shall within a month after the surrender be ordered to depart shall have the same benefit of the third Article as those that march away immediately upon the surrender 5. That all such Persons now in the City as shall desire to live peaceably and submit to the Parliament of England except the Persons excepted in the second Article aforegoing and except all Clergy-men Priests and Friers of any Order shall upon their application to that purpose have protection to live quietly at any such Place or Places within this Dominion as they shall desire and the said Deputy-General find convenient to admit But such Protection shall not be understood to extend either to the assuring of them either in the enjoyment of their Lands or other Hereditaments or to the granting of other indempnity or freedom from question or prosecution to Justice in a Judicial way for any Crimes they may be guilty of except to such as shall be found fit to have that mercy and favour expresly granted to them or to others for a certain time to be limited for that purpose but to such as shall have protection for a limited time either
contrary to the Liberty and Freedom of the Subject to be by any such Oath or Covenant pre-engaged And for that the setting on foot at this time in this Kingdom the said League or Covenant without His Majesties Allowance may not only beget much distraction and unquietness amongst His Majesties good Subjects but also may prove very penal to all those who shall presume to tender or take the same We therefore for prevention of such mischiefs do in His Majesties Name strictly charge and command all His Majesties good Subjects of what degree or quality soever within this Kingdom upon their Allegiance to His Majesties that they presume not to enter into or take the said League Covenant or Oath And we do likewise inhibit and forbid all His Majesties Subjects in this Kingdom to impose administer or tender the said League Oath or Covenant And if notwithstanding this our Proclamation any person shall presume to impose tender or take the said League Oath or Covenant We shall proceed against him or them with all severity according to the known Laws of the Land Given at His Majesties Castle of Dublin the 18. day of Decemb. 1643. Ri. Bolton Canc. La. Dublin Ormonde Roscomon Edw. Brabazon Ant. Midensis Cha. Lambart Geo. Shurley Gerrard Lowther Tho. Rotherham Fra. Willoughby Tho. Lucas Ja. Ware G. Wentworth GOD SAVE THE KING APPENDIX XI Fol. 141. The Copy of a Letter written by direction of the Lords Spiritual and Temporal and Commons in Parliament Assembled to several Commanders and Officers of his Majesties Army and others in the Kingdom of Ireland AFter our very hearty Commendations The Lords and Commons Assembled in Parliament in this His Majesties Kingdom of Ireland have commanded us to signifie unto you that they have lately seen a Printed Paper intituled a solemn League and Covenant for Reformation and defence of Religion the honour and happiness of the King and the Peace and safety of the three Kingdoms of England Scotland and Ireland which seems to have been Printed at London on the ninth day of October 1643. That they have also seen a Printed Proclamation dated the eighteenth day of December last and set out by the Right Honourable the late Lords Justices and Council expressing diverse great and Weighty Reasons against the said League and Covenant and therefore Commanding all his Majesties good Subjects of what Degree or Quality soever within this Kingdom upon their Allegiance to his Majesty That they presume not to enter into or take the said League Covenant or Oath and inhibiting and forbidding all His Majesties Subjects in this Kingdom to impose administer or tender the said League Oath or Covenant That upon serious debate and consideration taken by the Lords and Commons of the said League and Covenant and Proclamation They find the said Proclamation to have been set out with great Wisdom and Reason and do highly Commend the Judgement of the said Lords Justices and Council therein and as both Houses do fully concurr therein in all the parts thereof So they have expresly Commanded us to signifie the same unto you and in their names to let you know That it is their express Pleasure that you and all the Commanders Officers and Souldiers of His Majesties Army and all others His Majesties Subjects in this Kingdom whom it may concern do render all due Obedience and Observation to the said Proclamation in all the parts thereof And this being to no ther end We remain Your very Loving Friends Ri. Bolton Canc. Maur. Eustace Speaker of the House of Commons Dublin Castle xviii die April Anno Dom. 1644. Fol. 142. There is mention made of the Protestants Arrival at Oxford where they deliver'd to his Majesty this Petition To the Kings most Excellent Majesty The humble Petition of divers of your Majesties Protestant Subjects in your Kingdom of Ireland as well Commanders of Your Majesties Army here as others whose Names are subscrib'd in the behalf of themselves and other Your Protestant Subjects in this Your Kingdom Sheweth THAT this Your Highness Kingdom reduced with the vast Expence of Treasure and much effusion of British blood to the obedience of the Imperial Crown of England hath been by the Princely care of your Royal Progenitors especially of Queen Elizabeth and of Your Royal Father of ever blessed Memory and your Sacred Majesty in many parts happily planted great sums of Moneys disbursed in Buildings and Improvements Churches edified and endowed and frequented with multitudes of good Protestants and your yearly Customs and Revenues rais'd to great yearly sums by the industry of your Protestant Subjects especially and great sums of Money by way of Subsidies and Contributions chearfully paid unto your Majesty by your said Subjects In which happiness this your Kingdom hath flourished in a long-continued Peace and under your Highness most glorious and happy Government until that by the present general Conspiracy and Rebellion rais'd out of Detestation of Your blessed Government and for rooting out of the Protestant Religion and so for the dispossessing of Your Majesty of this Your said Kingdom without the least occasion offered by Your Majesty or Your Protestant Subjects And notwithstanding that Your Majesty immediately before had enlarg'd beyond president Your Royal favour and bounty to them in granting all that their and our joint Agents did desire of Your Majesty And we continuing amongst them in all Love and Amity without distrust Your Petitioners and others who labour'd to oppose those damnable Designs and Practices have been driven from their Dwellings Estates and Fortunes their Houses and Churches burnt and demolished All Monuments of Civility utterly defaced Your Majesties Forts and places of strength thrown down and the Common and Statute-Laws of this Your Kingdom utterly confounded by taking upon themselves the exercise of all manner of Authorities and Jurisdictions Ecclesiastical and Civil both by Sea and Land proper and peculiar to Your Sacred Majesty being Your just Prerogatives and the Royal Flowers of Your Imperial Diadem to the Disherison of Your Crown and Your Royal Revenues brought to nothing and the Protestant Clergy with their Revenues and support for the present destroyed This Your Kingdom in all parts formerly inhabited with Brittish Protestants now depopulated of them and many thousands of Your Protestant Subjects most barbarously used stripped naked tortur'd famish'd hang'd buried alive drown'd and otherwise by all barbarous cruel sorts of Death murther'd such as yet remain of them are reduced to that extremity that very few of them have wherewithal to maintain a Being and all of them so terrified and afflicted with those barbarous and inhuman cruelties the true report whereof being now spread abroad into the Christian World Your Suppliants conceive fears that Your Majesties Brittish Subjects will be discouraged from coming again to inhabit this Kingdom and the remnant of what is left will be forced to depart All this being done by the Conspiracy of the Papists who did publickly declare the utter extirpation of the
Treason done in this Rebellion may be establish'd and confirm'd 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 indicted nor convicted or attainted by Outlawry 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 without due Process and Judgment of Law they have since then been put or kept out and may be answer'd of and for all the Mean Profits of the same in the interim and for all the time until they shall be so restored 19. That Your Majesties said Protestant Subjects may also be restor'd to all their Moneys Plate Jewels Houshold-stuff Goods and Chattels whatsoever which without due Process or Judgment in Law have been by the said Confederates taken or detain'd from them since the contriving of the said Rebellion which may be gain'd in kind or the full value thereof if the same may not be had in kind and the like restitution to be made for all such things which during the said time have been deliver'd to any person or persons of the said Confederates in trust to be kept or preserv'd but are by colour thereof still withholden 20. That the establishment and maintenance of a compleat Protestant-Army and sufficient Protestant-Souldiers and Forces for the time to come be speedily taken into Your Majesties prudent just and gracious Consideration and such a course laid down and continued according to the Rules of good Government that Your Majesties Right and Laws the Protestant Religion and peace of that Kingdom be no more endanger'd by the like Rebellions in time to come 21. That whereas it appeareth in Print that the said Confederates amongst other things aim at the repeal of Poyning's Law thereby to open an easie and ready way in the passing of Acts of Parliament in Ireland without having them first well consider'd of in England which may produce many dangerous Consequences both to that Kingdom and to Your Majesties other Dominions Your Majesty would be pleased to resent and reject all Propositions tending to introduce so great a diminution of Your Royal and necessary Power for the confirmation of your Royal Estate and protection of Your good Protestant Subjects both there and elsewhere 22. That Your Majesty out of Your grace and favour to your Protestant Subjects of Ireland would be pleased to consider effectually of answering them that you will not give order for or allow of the transmitting into Ireland any Act of general Oblivion Release or discharge of Actions or Suits whereby Your Majesties said Protestant Subjects there may be barred or depriv'd of their Legal Remedies which by Your Majesties Laws and Statutes of that Kingdom they may have against the said Confederates or any of them 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 Lives Liberties Persons Lands Goods or Estates since the contriving and breaking forth of the said Rebellion 23. That some fit course may be consider'd of to prevent the filling or over-laying of the Commons House of Parliament in Ireland with Popish Recusants being ill-affected Members and that provision be duly made that none shall Vote or sit therein but such as shall first take the Oaths of Allegiance and Supremacy 24. That the proofs and manifestations of the truth of the several matters contain'd in the Petition of Your Majesties Protestant Subjects of Ireland lately presented to Your Majesty may be duly examined discussed and in that respect the final Conclusion of things respited for a convenient time their Agents being ready to attend with Proofs in that behalf as your Majesty shall appoint In answer wereunto it was replied by the Committee of Lords and others of Irish affaires at Oxford 1. That their Lordships did not think that the Propositions presented by the Protestant Agents to his Majesty and that morning read before their Lordships were the sence of the Protestants of Ireland 2. That those Propositions were not agreeable to the Instructions given the said Agents by the Protestants of Ireland 3. That if those Propositions were drawn they would lay a prejudice on his Majesty and his Ministers to Posterity these remaining on Record if a Treaty should go on and Peace follow which the Kings necessity did enforce and that the Lords of the Committee apprehended the said Agents did flatly oppose a Peace with the Irish. 4. That it would be impossible for the King to grant the Protestants Agents desires and grant a Peace to the Irish. 5. That the Lords of the Committee desired the Protestant Agents to propose a way to effect their desires either by Force or Treaty considering the condition of his Majesties Affaires in England To the first the Protestant Agents replied that they humbly conceived that the Propositions which they had presented to his Majesty were the sence of of the Protestants of Ireland To the Second That the Propositions are agreeable to the Instructions given to the said Agents by the Protestants of Ireland and conduced to the well settlement of that Kingdom To the Third That they had no thought to draw prejudice on his Majesty or their Lordships by putting in those Propositions neither had they so soon put in Propositions had not his Majesty by his Answer to the Protestant Petition directed the same To the Fourth The said Agents humbly conceived that they were imployed to make proof of the effect of the Protestant Petition to manifest the inhumane Cruelties of the Rebels and then to offer such things as they thought fit for the Security of the Protestants in in their Religion Lives Liberties and Fortunes That the said Protestants had no disaffection to Peace so as punishment might be inflicted according to Law as in the Propositions are expressed and that the said Protestants might be repaired for their great losses out of the Estates of the Rebels not formerly by any Acts of this present Parliament in England otherwise disposed of which the said Agents desired might be represented to his Majesty and the Lords of the Committee accordingly To the Fifth That the said Protestant Agents were Strangers to his Majesties Affairs in England and conceived that part more proper for the advice of his Councils then the said Agents and therefore desired to be excused for medling in the treaty further then the
murther'd by Florence Fitz-Patrick and his Servants on the Sabbath-day the first Deponent hardly escaping death for burying them Elizabeth Baskervile says that Mrs. Fitz-Patrick blam'd the murtherers because they brought not Mrs. Nicholsons fat or greese wherewith she might have made Candles Thomas Keyes a Justice of Peace of the Queens County Esq. aged 66. and Thomas Dubbleday hang'd near Burroughs Castle and Dubbleday shot as he was hanging both being first stripped naked gored and pricked in several Parts of their Bodies Amy Mamphins husband murther'd and she compelled to stand in his blood and she being stripped naked was drawn by the Hair through Thorns and after sent away An English Girl half hang'd and so buried Six English hang'd by Florence Fitz-Patrick after quarter given 1641. Near Kilfeckell an English man and his wife and four or five children hang'd by command of Sir Morgan Kavanagh and Mr. Robert Harpole all afterwards cast into one hole the youngest child not fully dead putting up the hand and crying Mammy Mammy yet buried alive Mary Harding put in the Stocks and whip'd to death and her husband starv'd to death by Florence Fitz-Patrick and his Followers after they had given him all their Goods in his Promise to relieve them and theirs The County of Roscommon Sixteen English hang'd at Ballilegue by Oliver boy Fitz-Gerald of Bellilegue Nine murther'd at Ballinafad whereof four were children and one woman great with child through whose belly the Rebels thrust their Pikes as she was hanging because as they said the child should not live John Price and several others murther'd in Athlone William Stewart had Collops cut off him being alive fire coles put into his mouth his belly ripp'd up and his entrals wrapped about his neck and wrists The County of Sligo Mr. Thomas Stewart Merchant and seven and thirty Protestants put into the Goal of Sligo all except two or three murther'd there the same night by divers breaking in upon them at midnight for proof whereof see the Examinations of Four murther'd that day in the Streets of Sligo Elizabeth Beard was killed in the River by a Friars man A Friar with some Souldiers undertaking to conduct Mr. Thomas Walker a Minister his Man and two Gentlewomen from Roserk to Abbeyboyle the Friar riding away they fell into an ambush laid for them where Mr. Walker being on his knees at prayer they cleft his skull to his mouth kill'd his man and stripped the women one of which was afterwards murther'd at Ballymoate Five and forty men women and children murther'd and destroy'd near Ballysekerry Mr. William Ollifant Clerk stripp'd half naked at Temple-house and after drag'd with a rope about his neck at a Horse-heels up and down because he would not turn Papist another Minister at the same time murther'd 1641. At Ardneglas and Skreen about thirty Protestants men women and children murther'd Ten men women and children buried alive near Titemple or Temple-house In Sligo the Rebels forced one Lewis the younger to kill his Father and they hang'd the Son The County of Tipperary January 1641. fifteen men women and children Protestants murther'd in Cashell and near Cashell three or four Children murther'd by a Convoy Four and twenty English after they had revolted to the Mass murther'd at the Silver-mines James Hooker Gent. and Mr. John Stuckley and six more murther'd on Sir Everet's Land Mr. Richard Walker and ten more hang'd at Rathell George Crawford and above fifty more murther'd Joyce a Maid of Mr. Walkers buried alive Mr. Carr Mr. Carter and some eighteen more hang'd and murther'd near Cashell Mr. Dashwood to whom the Rebels gave Quarter and Convoy to Michaels-town by one Prender-gast-Prender murther'd on his own Land The County of Tyrone Robert Bickerdick and his wife drown'd in the black Water Thomas Carlisle put to death James Carlisle and his wife also murther'd and so were about 97 more The murther of Mr. John Mather and Mr. Blyth both Clerks in or near Dungannon though Mr. Blyth had Sir Phelim O Neils Protection and sixty Families of the Town of Dungannon murther'd Near three hundred murther'd in the way to Colrain by direction from Sir Phelim O Neil and Firlagh his Brother In and about Dungannon three hundred and sixteen murther'd between Charlemont and Dungannon above four hundred murther'd drown'd at and in the River of Benburb and Blackwater 206. Thirteen murther'd one morning by Patrick mac Crew of Dungannon Two young Rebels did murther in the County of Tyrone one hundred and forty women and children the wife of Bryan Kelly of Loghgall murther'd five and forty with her own hands At a Milpool in the Parish of Killamon were drown'd in one day 300. Eighteen Scotch Infants hang'd on Clothiers Tenterhooks and one young fat Scotchman murther'd and Candles made of his Grease another Scotchmans belly ripp'd up and the end of his small guts tied to a Tree then he drawn about till his guts were pulled out that they might try said they whether a Dogs or a Scotchmans guts were longest The County of Westmeath In Kilbeggan a boy and two women hang'd one of them having a sucking child desired it might be buried with her knowing it would suffer afterwards but it was cast out and starved to death William Sibthorp Parish-Clerk of Mollingar hang'd Edmund Dalton and Mr. Mooreheads Son murther'd The County of Wickloe Edward Snape and two others hang'd Nov. 1641. in Knockrath-Park John the Son of William Leeson stripp'd and hang'd at Balligarny Nov. 1641. A young child of a year and quarter old the Deponents taken from her back thrown and trodden upon that it died the Mother and three other children stripp'd naked so as the said Children died this was done upon the Lands of Bordkillamore about the 11th of Novemb 1641. The Scene of which Murthers was ever so deeply imprest on the English that though they were sufficiently enclined to be generous where they found the Irish resolute and gallant yet they never took any considerable City Fort or Castle by Agreement but it was constantly inserted amongst the Articles that the benefit of whatever they allow'd should not extend to any that had been Guilty of murthering the English or adhering to them since the 23 of October 1641. Nor to any Officer or Souldier that had taken away the Lives of any of the English or others after quarter given or to such as sate in the first General Assembly or Council or acted upon any Commissions or Powers derived from either and that all who commanded in the first year of the Rebellion should be liable to a Trial at Law for any Action committed since the 23 of Octob. 1641. But how far these Provisoes were observ'd when his Majestie 's gracious Declaration the 30th of Novemb. 1660. for the Settlement of each Interests came in force is
of November after the Rebellion brake forth found there many of the inferiour Irish and some of the Gentry in Rebellion in the County of Rescommon and Sligo with whom he dealt mildly presuming his former intimate Friendship and some Alliance might work on them but nothing prevail'd they were otherwise harden'd nor had he Force sufficient which they well knew to compel them their Swarms were so numerous their Cruelties so outragious so that at the last they block'd him up in the Castle of Athlone by the help of the Conspirators of Wess-Meath notwithstanding the Commissions of Government the Lords Justices and Council that nothing still might be wanting on the States side to evidence the confidence and trust they were willing to repose in the Prime Natives entrusted the Earl of Clanrickard the Lord Mayo the Lord of Costiloe and others with in which condition he remain'd till the Earl of Ormond Lieutenant General of his Majesties Army carried down two thousand Foot and some Troops of Horse to his Relief the Spring following Notwithstanding the Commission the Lord Rannelaugh had from those whom his Majesty entrusted of the Parliament in England to raise five hundred Protestants nearest adjoyning for the defence of the said Province and to name the Officers his Son Arthur Jones Esq being at the same time made Constable of the Castle of Roscommon in the County of Roscommon and allowed thirty one Protestant Warders to guard the Town and Castle As Sir Robert King at the same time was appointed in the like Command for the Castle of Abbey-boyle Yet the Rebels in the interim burnt the Town of Roscommon and the Bishops Town of Elphin besides many other Englishmen's Habitations surprizing also several Castles of the Earl of Clanrickards in the County of Galloway However Sir Charles Coote Junior vigilant in all concerns so mann'd and guarded Castle-Coot as that being in January 1641. besieg'd by Con O-Rourk with 1200 men he so notably encountred him as within a week he rais'd the Siege as he did Hugh O Connor Son of O Connor Dun of Balintober Titular Prince of Connaght lineally as he would have it descended from Rodderick O-Connor King of Connaght and Monarch of Ireland never afterwards durst make any formal approach against that Castle in as much as Sir Charles Coote fetch'd in Corn and Cattle at liberty Yet the second of March following O-Rourk came with all his Forces to fetch away the Prey of Roscommon before day hurrying them almost to Molinterim before our Forces could come up to him endeavouring to make good a Pass against our men who soon break their stoutest Ranks and killing most of the Rebels recovered the Prey took many Prisoners and amongst the rest Con O-Rourk Thus each Province was in a flame and that it burst not forth all at once was partly out of the backwardness of some who would first in the proceedings of the others see how far and with what security they might put themselves on the Work A horrid Work that had no promising or good Aspect And then others in the Counties of Dublin Meath Lowth who by the aforesaid compact should have furnish'd themselves with Arms from the State under pretence of service against Ulster missing of their Design in full halted a time and many declared not themselves at first by reason the surprising of the Castle of Dublin was prevented Nor did the noble and solemn Resentment of the Parliament in England a little startle others though after that the Winter came close upon them and that the English were almost every where harrast And the succours from England came not so soon as they were expected the Irish every where gathered that heat as in all Places to express their virulency Some will have it that the Gentlemen at Westminster instead of suppressing the Irish speedily by Arms made an Ordinance wholly to extirpate them whereby the Irish extirpated most part of the Protestant Colonies killing Man Woman and Child with most horrible Barbarousness Whereas it is apparent that the greatest and most horrid Massacres were acted before the Parliament could possibly know there was a Rebellion for after that the Plot was detected the Rebels somewhat slackned their first Cruelties though then they proclaim'd That if any Irish should harbour or relieve any English suffer'd to escape them with their lives that it should be penal even to death to such Irish So that though they put not those English actually to the Sword yet by that Design they cut them off more cruelly It being a certain truth not subject to the evasion of the Sophister that in all the four Provinces the horrid cruelties used towards the British either in their bloody Massacres or merciless dispoiling stripping and extirpation of them were generally acted in most parts of the Kingdom before they could gather themselves together to make any considerable resistance against their fury and before the State had assembled their Forces or were enabled by the power of his Majesties Arms to make any inroads into the Countreys possessed by the Rebels A circumstance which totally destroyeth all those vain pretences and fond recriminations which they have since most falsly taken up to palliate this their most abominable Rebellion or actings thereupon Besides in the first Order of the Lords Commons in Parliament of England touching this Concern for the better inducing of the Rebels to repent of their wicked Attempts they did thereby commend it to the Lord Lieutenant of Ireland or in his absence to the Lord Deputy or Lords Justices there according to the power of the Commission granted them in that behalf To bestow his Majesties gracious Pardon to all such as within a convenient time to be declared by any of the said Magistrates should return to their due obedience Which rule the Lords Justices in all Commissions either to Officers or Marshals they had also before observed that if amongst them there had been any relenting they might have experienc'd the mercy of the State And thus much may be said even for the Parliament that after the expence of much blood and treasure for suppression of the horrid Rebellion in Ireland when they had brought that Affair to such an issue as that a total Reducement and settlement of the Nation was effected whereby they came to divide the Rebels Estates They manifested that it was not the Parliaments intentions to extirpate that whole Nation but they ordered Mercy and Pardon both as to Life and Estate should be extended to all Husband-Men Labourers Artificers yea to higher rank and Quality according to the respective Demerits and Considerations under which they fell and that all should enjoy the benefit of their Articles It is indeed Enacted in the Acts of subscriptions for Ireland that every Person who shall make enter into or take any Compact Bond Covenant Oath promise or agreement to introduce or bring into the said Realm of Ireland the authority of the See of Rome
in any case whatsoever or to maintain or defend the same shall forfeit his Lands and Goods as in case of Rebellion Before which there was no pretence some thought to make the War a matter of Religion Whereas I do not conceive that that Clause is any more then what was in several Acts provided as Anno 28. H. 8. Capite 13. Anno 2. Eliz. Cap. 1. as elsewhere And by his Majesties Letter to the Marquiss of Ormond the 15th of Decem. 1644. is there specified That many Acts in favour of the Irish should be repeal'd but those against Appeals to Rome and Praemunire should stand That had not the Rebels first intended what afterwards they pursued that Clause could not have made them more obstinate Rebels nothing being in it but what was before in force Now besides other miseries which aggravated the unhappiness of the State at that time there flocked to the City from all Parts such as having escaped the fury of the Rebels sheltered themselves there of which by reason of the diseases they had contracted by their journey and ill usage there died many else prov'd a burthen to the City Which the Confederates of the Pale would have the World believe was mercy and Signal Humanity in them not to have imbrued their hands in the blood of any British Protestants When as the lingring deaths and Exigences these were put to exceeded any death which at once might have been inflicted though after the Siege of Tredath that the old English Papists of the Pale were driven into Ulster they as a meritorious act vaunted that they had killed more English and Protestants in Fingall then were killed in many other Counties for the discoveries of whose miseries and what besides others had suffered by the Rebels the Lords Justices authorised several Commissioners to state their Case and the state of the deplorable English by two Commissions the one bearing date the 23d of December the other the 18th of January both in the 17th year of his Majesties Reign whereby the Murders Losses and Cruelties committed upon the English and Protestants were discovered on Oath and presented in a Remonstrance by the Dispoil'd Clergy of Ireland to the Honourable House of Commons in England And lest the Remonstrance should seem the act of a few Persons highly interessed in their own Concerns it was accompanied with a Letter from the Lords Justices and Council dated at Dublin the 7th of March 1641. to the Speaker of the said House of Commons the Remonstrance shewing such depredations of Goods such cruelties exercis'd on the Persons and Lives of the loyal Subjects such wasting and defacing of all monuments of Civility with such Prophanation of Holy Places and Religion that by the most barbarous and heathenish Nations the like could not in any Age be found to be perpetrated of which I might say more having not yet forgot the cruelties legible in most Noble and antient Families But the day would fail us should we sum up what is in the Clergies Remonstrance Printed at London 1642. briefly mention'd to which and the History of the Irish Rebellion 1646. from p. 84. to 136 we must refer you that the Proofs of all may be before your eyes May they be writ on our Posts of our houses and our Gates that they may be looked upon and remembred for ever what Amalek did when we were faint and weary and he feared not God! Thus the State having to their power supported his Majesties Authority and the English Interest searching out whatsomever might fathom the bottom of this Conspiracy they being driven to great necessities trampled on by the Enemy not further able to support their own miseries When the last of December 1641. arriv'd at Dublin from the Parliament of England Sir Simon Harcourt with a Regiment of 1200 Foot a Gentleman of Good Extraction long bred in the Low-Countreys the School of War under Sir Horatio the Lord Vere that renown'd and Excellent Person one of the most noted and eminent Commanders of the late Age He was design'd Governour of Dublin much to the comfort of the Protestants and terrour of the Rebels soon after whose arrival the City being secur'd thereby the Lords Justices commanded forth Sir Charles Coote with such Forces as could be spared to Swoards about the 10th of January following the better to let them know how far the State resented their Insolencies whom no assurance fair or open Resolves or any free course could satisfie Sir Charles Coote found the access to the Village straightly block'd up yet so managed the attempt as he soon forc'd them to a flight beating them out of their Fortifications and killed 200 of their men without any considerable loss on his side more then Sir Laurenzo Carey second Son of the Lord Falkland late Lord Deputy a Gentleman of excellent and ingenious Parts well principled and one whose vertues and resolution promised much happiness to the State After setling of which Place Sir Charles Coote return'd to Dublin and ere long there arrived from England by Order of the Parliament three Regiments of Foot the Lord-Lieutenants Regiment under the Conduct of Lieutenant-Colonel Monk since Duke of Albemarle the second under the Command of Sir Michael Earnely and the other under the Command of Colonel Cromwell and two Regiments of Horse one belonging to Philip Lord Lisle General of the Horse and the other under the Command of Sir Richard Greenvile That now the English Interest began to revive the Irish being much disheartned thereby yet grew confident in their Allies and Confederacy they had made through the whole Nation to weaken which and vindicate his Majesties Honour the State received the 20th of January a Proclamation from his Majesty dated the first of the same month declaring them Rebels and Traitors and that it might want no solemnity to impress the greater Character of obedience His Majesty was pleased to Sign all the Proclamations with his Royal Hand affixing also thereto his Privy Signet a circumstance scarce presidenc'd The Original of which I have in my Custody Charles R. WHereas diverse lewd and wicked Persons have of late risen in Rebellion in our Kingdom of Ireland surpriz'd diverse of our Forts and Castles possessed themselves thereof surpriz'd some of our Garrisons possest themselves of some of our Magazeen of Arms and Ammunition dispossest many of our good and loyal Subjects of the British Nation and Protestants of their Houses and Lands rob'd and spoil'd many thousands of our good Subjects of the British Nation and Protestants of their Goods to great values Massacred multitudes of them imprison'd many others and some who have the Honour to serve us as Privy Counsellors of that our Kingdom We therefore having taken the same into our Royal consideration and abhorring the wicked disloyalty and horrible acts committed by those Persons do hereby not onely declare our just Indignation thereof but also do declare them and their Adherents and Abettors and all