to the Lord Justice 1422. whose Servants were on the Seventh of May attacked and defeated by the Irish Purcel Grant and five and twenty English more were slain and ten taken Prisoners and two hundred escaped to the Abby of Leix and to revenge this the Lord Justice invaded O Mores Country and defeated his terrible Army in the red Bog of Asby he relieved his own Men and burnt and preyed the Rebels Lands for four days until themselves came and sued for Peace And it seems O Dempsy notwithstanding his Oath of Obedience invaded the Pale and took the Castle of Ley from the Earl of Kildare which the Lord Justice had justly restored to the Earl whereupon Campion makes a severe Remark on the Irish That notwithstanding their Oaths and their Pledges they are no longer true than they feel themselves the weaker In the mean time Mac Mahon play'd the Devil in Vrgile and burnt and spoil'd all before him Camp 97. but the Lord Justice also revenged that Prank and forced Mac Mahon to submit and many other Noble Exploits did this good Governor for whose Success the Clergy of Dublin went twice every week in solemn Procession praying for his Victory over those disordered Persons which now in every Quarter of Ireland had apostatiz'd to their old Trade of Life and repined at the English And when I have mentioned a Deed made 9 Hen. 5. which is to be found Lib. GGG 24. at Lambeth whereby this Earl of Ormond constituted James Fitz-Girald Earl of Desmond his Seneschal of the Baronies or Signiories of Imokilly Inchicoin and the Town of Youghal during his Life I have no more to add but that this Victorious King after he had conquered France submitted to the common Fate on the last Day of August 1422 in the Flower of his Age and the Tenth Year of his Reign THE REIGN OF HENRY VI. King of England c. And LORD of IRELAND HENRY the Sixth was but nine Months old at the Death of his Illustrious Father 1422. and therefore the deceased King had by his last Will appointed John Duke of Bedford to be Regent of France Humphry Duke of Glocester to be Governour of England and Thomas Duke of Excester and Henry Bishop of Winchester to be Guardians of the Young King's Person All which was duly observed and the Infant King was proclaimed in Paris and the Nobility that were there swore Allegiance to him James Earl of Ormond continued Lord Lieutenant of Ireland and upon a Petition preferred by the House of Commons to the King about the manifold Murders Robberies Rapes Riots and other Misdemeanours committed by the Irish in England Lib. M. it was enacted there That all Persons born in Ireland should quit England within a time limited except Graduates in either University Clergymen beneficed those that have Land in England or are married there or those whose Parents are English and even such are to give Security of their good Behaviour And not long after came over Edmond Mortimer 1422. Earl of March and Vlster Lord Lieutenant He died afterwards of the Plague at the Castle of Trym which was his own Inheritance And in his stead came John Lord Talbot 1425. Lord Justice In whose time the Barretts a Family of good account near Cork did by Indenture covenant to be obedient to the Earl of Desmond who was exceeding Powerful and lorded it over great part of Munster with a high Hand This Governour resigned to James Earl of Ormond 1426. Lord Justice In whose time John Duke of Bedford 4 Instit 360. Regent of France obtained a Patent for all the Mines of Gold and Silver within England Ireland c. rendring to the Church the tenth Part to the King the fifteenth Part and to the Owner of the Soil the twentieth part And then Sir John de Gray 1427. Lord Lieutenant landed at Hoâ—th the thirty first of July and was sworn the next Day but no mention is made of any thing he did but that he went for England and left Edward Dantzy Bishop of Meath 1428. his Deputy He was for a time Treasurer of Ireland and dyed the fourth of January 1428. Upon Notice whereof Sir John Sutton Lord Dudly was sent over Lord Lieutenant He held a Parliament in Dublin Friday next after the Feast of All Saints 1429. at which it was enacted That the Sheriff upon Pain of Amercement should add to the Panel of Jurors the Place Estate and Mistery of every Juror And in the Preamble to this Act the Lord Lieutenant is Styled The Right Noble and Right Gracious Lord. And on the sixth of the same November the King was crowned at Westminster And soon after the Lord Lieutenant returned and left Sir Thomas Strange 1429. Lord Deputy in whose time the King was crowned at Paris 1431. and took the Oaths and Homage of the Nobility and People there And now happened the famous Case of the Prior of Lanthony which was That a Judgment in the Common Pleas being removed to the Irish Parliament was affirmed there Whereupon a Writ of Error was sent from England but the King's Bench in England would not take cognizance of a Judgment in the Parliament of Ireland to reverse it And therefore the Prior petitions the King That the Record may be transmitted to the House of Lords in England to be examined there Sir Thomas Stanly was made Lord Lieutenant of Ireland 1432. and it seems that he called a Parliament which enacted two Statutes that were afterwards repealed by 11 Jac. 1 cap. 5. And then he went to England leaving Sir Christopher Plunket Lord Deputy 1432. he was afterwards Baron of Killine in Right of his Wife Heir of the Cusacks and his second Son became Baron of Dunsany But Sir Thomas Stanly 1435. Lord Lieutenant returned and gave a Check to the Irish who were insolent beyond Measure and incroaching everywhere on the Pale making the best Advantage of the King's Minority and the Absence of the Military Men in France but the Lord Lieutenant with the Power of Meath and Vriel took Moyle O Donel Prisoner and slew a great many of the Irish And afterwards about Michaelmas he went again to England and left Richard Talbot Archbishop of Dublin 1436. Brother to the Earl of Shrewsbury Lord Deputy he was sometime Lord Chancellor of Ireland and was elected Primate of Armagh but he refused to change his Bishoprick Lion Lord Wells 1438. Lord Lieutenant in whose time a second Law was made in England Lib. M. obliging the Irishmen to return into their Native Country And another Statute was made in Ireland to stop the Passage of any more into England And on the twelfth of June 17 Hen. 6. Robert Fitz-Geofry Cogan granted all his Lands in Ireland being half the Kingdom of Cork to James Earl of Desmond and gave a Letter of Attorney to put him in Possession of Kyrrygrohanmore Lib. G. Downdrinane
the Regality of S. Peter I do Vow and Swear to Maintain Help and Assist the just Laws Liberties and Rights of the Mother Church of Rome I do likewise promise to confer defend and promote if not personally yet willingly as in Ability able either by Advice Skill Estate Mony or otherwise the Church of Rome and her Laws against all whatsoever resisting the same I further vow to oppugn all Hereticks either in making or setting forth Edicts or Commands contrary to the Mother Church of Rome and in case any such to be moved or composed to resist it to the uttermost of my Power with the first Convenience and Opportunity I can possible I count all Acts made or to be made by Heretical Powers of no force or to be practised or obeyed by my self or by any other Son of the Mother Church of Rome I do further declare him or her Father or Mother Brother or Sister Son or Daughter Husband or Wife Unkle or Ant Nephew or Neece Kinsman or Kinswoman Master or Mistriss and all others nearest or dearest Relations Friend or Acquaintance whatsoever accursed that either do or shall hold for time to come any Ecclesiastical or Civil above the Authority of the Mother Church or that do or shall obey for the time to come any of her the Mother Church's Opposers or Enemies or contrary to the same of which I have here sworn unto so God the Blessed Virgin S. Peter S. Paul and the Holy Evangelists help c. His Highness the Vice-roy of this Nation is of little or no Power with the Old Natives therefore your Lordship will expect of me no more than I am able This Nation is poor in Wealth and not sufficient now at present to oppose them It is observed That ever since his Highness ' s Ancestors had this Nation in Possession the Old Natives have been craving Foreign Powers to assist and rute them and now both English Race and Irish begin to oppose your Lordship's Orders and do lay aside their National old Quarrels which I fear will if any thing will cause a Foreigner to invade this Nation I pray God I may be a false Prophet yet your good Lordship must pardon mine Opinion for I write it to your Lordship as a warning And about Midsummer one Thady Birne a Franciscan Fryer was apprehended and was to be sent Prisoner into England to the Lord Privy Seal but the cowardly Sophister being told That he would certainly be hanged was seized with such a pannick Fear that he murdered himself in the Castle of Dublin on the twenty fourth Day of July and among other Papers the following Letter was found about him My Son O Neal THou and thy Fathers were all along faithful to the Mother Church of Rome Life of Bishop Brown 11. His Holiness Paul now Pope and the Council of the Holy Fathers there have lately found out a Prophecy there remaining of one S. Laserianus an Irish Bishop of Cashel Wherein he saith That the Mother Church of Rome falleth when in Ireland the Catholick Faith is overcome Therefore for the Glory of the Mother Church the Honour of S. Peter and your own Secureness suppress Heresie and his Holiness's Enemies for when the Roman Faith there perisheth the See of Rome falleth also Therefore the Council of Cardinals have thought fit to encourage your Country of Ireland as a Sacred Island being certified whilst the Mother Church hath a Son of Worth as your self and those that shall succour you and joyn therein that she will never fall but have more or less a holding in Britain in spite of Fate Thus having obeyed the Order of the most Sacred Council we recommend your Princely Person to the Holy Trinity of the Blessed Virgin of S. Peter S. Paul and all the Heavenly Host of Heaven Amen Episcopus Metensis And it is not to be doubted Ware 151. but the Irish had Solicitations from many others besides the Bishop of Mets for in the beginning of the following Year O Neal began to declare himself the Champion of the Papacy and having entred into a Confederacy with O Donel Macgenis Ocahane Mac William O Hanlon and others they joyntly invaded the Pale and marched to Navan burning that and Athirde and all the Country as they marched and thence they came to the Hill of Taragh where they mustered their Army with great Ostentation and so having taken a vast Prey and done abundance of Mischief they designed to return home But the Lord Deputy who foresaw this Storm 1539. had sent to England for Aid Holingsh 101. and Sir William Brereton who was newly returned to England was immediately sent back with two hundred and fifty Cheshire-Men It is reported of him That he broke his Thigh in two Places by a Fall from his Horse as he was exercising his Men and that nevertheless he was so Valiant and Zealous that he caused himself to be halled into the Ship by Pullies that the Succours might not be detained any longer In the mean time the Deputy Ibid. with the Forces of the Pale and the Mayors and Citizens of Dublin and Drogheda in May marched to Bellahoa where O Neal was encamped on the other side the River they marched all Night to surprize the Enemy and came to the River by break of Day The valiant Baron of Slane led the forlorn and having first substituted Robert Betoa his Standard-bearer instead of the cowardly Robert Halfpenny who declined the Adventure because of the Danger he rushed into the River and being well seconded by Mabe of Mabestown who was there slain though the Inconveniencies of passing the River were very great yet they at length got over routed the Gallowglasses slew Macgenis defeated O Neal and recovered all the Prey of the Pale and continued the Pursuit till Sunset The Deputy exceeded the rest as much in Courage as Authority and behaved himself exceeding bravely and after the Battle knighted Chief Justice Ailmer Talbot of Malahide Fitz-Simons Mayor of Dublin and Michael Cursy Mayor of Drogheda in the Field and well they deserved it for their good Service in obtaining so great a Victory which broke the Power of the North and quitted the Borders for some Years and yet there were not above four hundred of the Rebels slain But whilst the Deputy was in Vlster O Connor and O Toole made Incursions into the Pale and though they did much Mischief yet the Country suffered more by unseasonable Weather for the Summer was so hot that even some Rivers were almost dried up and the Autumn was very Sickly and Unwholesome and the Winter so excessive cold that multitudes of Cattle perished by reason thereof And now began the Abbots and Priors upon Assurance of Pensions Ware 152. during their respective Lives to surrender their Abbies and other Religious Houses to the King it would be too tedious to give a Catalogue of all that did so but these following should not be pretermitted because
agrorum spoliatores per viam and Rape shall be punished with Death without Mercy 16. That no Man shall meddle with any Ecclesiastical Officer or Benefice but pay all their Tithe punctually and half Tithe of the Fish taken by Foreigners on the Coast 17. That Noblemen shall have but twenty Cubits or Bandles of Linnen in their Shirts Horsemen eighteen Footmen sixteen Garsons twelve Clowns ten and that none of their Shirts shall be dyed with Saffron on pain of twenty Shillings 18. That the Lord or Gentleman into whose Country a Theft is traced must trace it thence or make restitution 19. No Histriones Mummers or Players at Christmas or Easter Lastly The Earl of Ormond in the Counties of Waterford Typerary and Kilkenny and the Earl of Desmond in the rest of Munster are made Custodes Executores of these Ordinances with the Assistance of the Bishop of Cashel But we must not leave the Year 1541 Sullevan 79. until we have informed the Reader That Robert Wachop titular Archbishop of Armagh who is famous for riding Post the best of any Body in Christendom although he was blind from his Cradle did this Year introduce the Jesuites into Ireland by the Favour and Countenance of Pope Paul the third John Codur was the first of the Society that went thither and was followed by Alphonsus Salmeron Paschasius Broet and Francis Zapata and the observing Reader will easily perceive the dismal and horrible Effects of that Mission which hath ever since imbroiled Ireland even to this Day But the King to obviate the Designs of the Papacy and to assert his own Supremacy which was his Right by Common Law and was also declared and established by Act of Parliament caused all the Irish that submitted to him to renounce the Pope's Usurpations and to own the King's Supremacy by Indenture O Connor and O Dwyn or Dyn were two of the first that complied with this Form and their Example was followed by O Donel who by his Indenture of the sixth of August Lib. D. 33 Hen. 8 Covenants Quod renunciabit relinquet adnihilabit proposse suo usurpatam Authoritatem Primaciam Romani Pontiâ—icis sibi adherentes nullo modo acceptabit proteget aut defendet nec in patria sua illos aut aliquem illorum permittet sed omni industria diligentia illos quemlibet illorum expellet ejiciet eradicabit aut ad subjectionem dicti Domini Regis successorum suorum coercebit constringet Brian mac Mahon did the like the fourteenth of August And in January O Neal came to Minooth and did the same the thirteenth of May O More perfected his Indenture And on the twenty fourth of May 1542. 34 H. 8. Hugh O Kelly Abbot of Knockmoy surrendred that Abby and made his submission by Indenture in the Form aforesaid Moreover he covenanted to furnish the King with sixty Horse and a Battle of Galloglasses and sixty Kern when the Lord Deputy comes to Connaught and with twelve Horse and twenty four Kerne anywhere out of Connaught and so that Abby was granted to him during Pleasure O Rourk submitted the first of September and Mac Donel and Mac William did the like the eighteenth of May 1543. But because all these Indentures are to be found registred in the Red Book of the Privy Council of Ireland I will trouble the Reader only with the Substance of one of these Indentures by which he may easily guess at the rest HAec Indent Lib. D. fact 26. die Septembris 34 Hen. 8. inter prenobil Vir. Ant. Saintleger Jacobum Comit. Desmoniae Will. Brabazon Arm thesaur ad Guerras Subthesaur Reg. Hiberniae Johannem Travers Armig. magistr ordinatium Osborn Echingham milit mariscallum c. ex una parte Dom. Barry alias Great Barry Mac Cartymore Dom. de Rupe alias Lord Roch Mac Carthy Reagh Thadeum Mac Cormock Dom. de Musâ—ry Barry Oge alias the young Barry O Sullevan Bear suae Nation Capit. Donald O Sullevan suae Nation Primum Barry zoe alias the Red Barry Mac Donough de Allow suae Nation Capit. Donaldum O Callaghane Nationis suae primum Geraldum filium Johannis milit ex altera parte Testatur Quod predict Dominus Barry c. conveniunt concedunt consentiunt pangunt pro seipsis conjunctim divisim haered successor assignat Tenent sequacibus suis ad cum dicto Deputat c. quod tenebunt perimplebunt omnes singul Articulos conventiones pacta condiciones quae in hiis Indentur continentur ex parte eorum c. Imprimis Ipsi quilibet eor recognoscit Regiam Majestat predict haeredes successores suos Reges esse Naturalem ligeum Dom. suum illumque illos secundos post Deum honorabunt illisque obedient servient contra omnes creaturas mundi Ac suam Majestatem haeredes successores Reges acceptabunt tenebunt immediate sub Christo in terris Ecclesiae Anglicanae Hibernicanae supremum Caput illius illor locum tenent Deput vicem gerent in hoc Regno Hiberniae obedient inservient in omnibus servitium suae Majestatis haered successor Regum concernentibus Et quantum in illis conjunctim divisim aut assignat illor est vel fuit usurpator primaciam authoritatem Romani Episcopi adnihillabunt omnesque suos Fautores Adjutores Suffragatores ad sum posse illor precipitabunt abolebunt atque personas spiritual temporal quae promoventur ad ecclesiastica beneficia sive dignitat per Regiam Majestatem seu alios de jure patronos tantum absque aliqua provisione fienda dicto Episc Rom. manutenebunt supportabunt defendent ex hinc omnes singules Provisores alia Rom. pro promotione petentes confugientes apprehendent producent ad Reg. commun legem ib. judiciari rectari secundum statut ordination pro similibus casibus facta fienda The Second Covenant is To submit all their Controversies to the Determination of the Bishops of Waterford Cork and Ross the Mayors of Cork and Youghal Suffrain of Kingsale Philip Roch Esq William Walsh Esq the Dean of Cloyne or any three of them quorum Desmond to be one and the like is in other Provinces mutatis mutandis The Third is About their future Controversies to be decided by the Earl and the said Bishops or two of them quorum Desmond to be one and they may fine or amerce Wrong-doers of which Fine the King shall have one third and the Judges the rest The Fourth is That if the Case be too difficult for the Commissioners it shall be determined by Justices of Assize and no Force shall be used nor Peace broken on Pain of a Fine The Fifth is That they shall help and defend the Collectors of the King's Revenue The Sixth is To obey the Ordinances made by the Nobility and annexed to the Indenture which probably were
the Ordinances already mentioned The Seventh Article is That if any of their Followers break the Peace they will prosecute and pursue him till he make amends And the Eighth is That they will not exact any Black Rents for the future from the Inhabitants of Cork Youghal or Kingsale And it seems that about this time Commissioners were appointed in every Province to decide the Controversies instead of Brehons viz. in Connaught the Bishops of Tuam and Clonfert and the Captains Wakely and Ovington in Munster the Bishops of Cork and Waterford and the Mayors of Cork and Youghal and in Vlster the Archbishop of Armagh and Lord of Louth And it is to be noted Davis 215. That these Submissions were so universally made all over the Kingdom that there was not a Lord or Chieftain of any note in Ireland but submitted in this or the like Form for they made no scruple to renounce the Pope when once they had resolved to obey the King And by these Means the Kingdom was so quiet and there was so great a Prospect of a Settlement that several of the Principal Lords of the Irish took Patents for their Estates and desired Titles of Honour according to the Law of England which hitherto they had despised But alass Ireland is an unfortunate Country that cannot be happy any considerable time and notwithstanding these dawnings of Felicity it must expect nothing but War and Desolation and this fourth general Submission of the Irish will be as vain and ineffectual as the other three and will manifest to the World That that Kingdom is not to be governed by Kindness but by Force But let us not anticipate our Misery by dreadful Prognostications of War but rather enquire into the management of Affairs during the short interval of Peace And first we shall find the great O Neal in September sailing toward England accompanied with the Bishop of Clogher and attended with many Gentlemen his Followers He came to the King at Greenwich where he was well received and having surrendred his Estate to the King and covenanted 1. To renounce the Name of O Neal. 2. That he he and his Followers should use English Habit Language and Manners 3. That their Children should learn English 4. That they should build Houses and husband their Land in English manner 5. That they should obey English Laws and not Cess their Tenants nor keep more Gallowglasses than the Lord Deputy allows And 6. That they should answer all general Hostings as those of the Pale do and shall not succour any of the King's Enemies On the first of October his Estate was regranted to him by Patent and he was created Earl of Tyrone for Life with remainder to his Son Matthew who for the present was made Baron of Dunganon in Tayl and two of his Followers Denis and Art Mac Genis were knighted and the Bishop of Clogher was confirmed and the Earl after his return was on the seventh Day of May sworn one of the Privy Council of Ireland In like manner the Earl of Desmond pursuant to his Promise repaired into England where he was graciously received and having made his Submission he returned with Orders likewise to be of the Privy Council In the mean time the Lord Deputy on the twenty fourth Day of May made an Order of Agreement between the Macgenis's and did the like between the O Carols on the second of July And on the fourth of July the O Birnes did submit by Indenture and granted the Town and Castle of Wicklow to the King and also surrendred to his Majesty the Castle of Mac Eningham and all spiritual Livings in their Possession Lib. D. They also covenanted to find one hundred and twenty Gallowglasses and their Servants for three Months when the Counties of Carlow and Kildare do so and twelve Horse and twenty four Foot at every Hosting and to raise their whole Force and keep them three days on any emergency And it is allowed by the Deputy that O Birn shall have twenty four Kerns called Kerne Tee for this year at the Charge of the Country as is usual wherewith he promises to aid the Sheriff and if O Birn misbehave himself the Lord Deputy may give the Kerns next year to whom he pleases And 't is agreed That no body shall keep Idlers but in his own House and concludes Quod si posthac ad morem Hibernicorum resilierit vel cum Hibernicis aliis susurraverit confederaverit vel consentierit impedire vel obstare Reformationi Hiberniae quam Dominus Rex intendit that then they will forfeit all And it seems that at the same time they proposed to have their Country made a County Davis 104. by the Name of the County of Wicklow and that in consideration thereof they would divide it into eight Plow-Lands and pay ten Groats per annum for ever to the King out of each Plow-Land On the 19th of November Thomas Butler was made Baron of Cahir and in the beginning of the next year Maurice O Bryan 1534. and Vlick Burk induced by the Example and Success of the Earl of Tyrone went to wait upon the King in England and having made their Submissions and surrendred their Estates O Brian obtained a Grant of all his Lands in Thomond and all the Abbies and Patronage of Benefices in the King's Gift within his Precincts to him and his Heirs Males and he was made Baron of Insiquine to him and his Heirs and Created Earl of Thomond for Life with a remainder to Donough O Bryan and his Heirs for ever who for the present was made Baron of Ibracane but whether this Donough were Nephew or Natural Son of the Earl's is not very plain This Lord of Ibrahcan had also an Annuity of twenty Pounds per annum granted to him in Tail and the Abby of Insula Canonicorum and half the Abby of Clare and the King bore the Earl of Thomond's Charges and gave him an Order to be of the Privy Council As for Vlick Burk he had likewise his Charges born and was Created Earl of Clanrickard and his Estate was regranted to him and the Abbies and Patronage of all Benefices within his Precincts The Cocquets of Galway were excepted in the Patent but in lieu of them the Earl had a Pension of thirty Pound per annum and the third part of the First-Fruits and the Abby of Via Nova or Confert And about the same time the Lord of Upper Ossory obtain'd a Grant for Fairs and Markets and the House of the Friars at Haghevo and the Monastery of Hackmacart and to each of these four Noblemen Davis 219. viz. the Earls of Desmond Tyrone Thomond and Clanrickard the King gave a House and a Parcel of Land near Dublin to encourage them to make their Appearance frequently at Court And it is to be noted Council Book of Ireland fol. 73. That many times the chief Governors of Ireland instead of Risings out and
conceived they were greatly distressed and wished That he could use Means whereby they might be eased Hence he discoursed with Trueman who was but a silly Fellow and got from him Words whereby he discovered a Good-will to the Scotch Nation and some Discourse about the Castle of Carigfergus insomuch that he got Trueman's Letter to recommend him into Scotland whither he pretended a Desire to go to serve under their Command Upon this Giles produced the Letter in Evidence against him and so he was condemned and executed And this I take to be the Substance of what was offered for or against the Earl of Strafford On the Eleventh of May the Irish Parliament sat again 1641. and the Colonels John Barry Taaf Garret Barry and Porter having Orders from England to transport Four thousand of the Irish Forces to Spain some of the Popish Members of the Lower House did urge divers Arguments to hinder that Design As First That the Irish might gain Experience abroad and return to be evil Instruments at home Secondly That Ireland wanted Men for Husbandry Thirdly That Spain was an Hereditary Enemy to England and therefore might infect these Men with dangerous Principles concluding That they did not know how soon those very Regiments acquainted with every Creek in the Kingdom might be returned on their own Bowels having naturally a Love to their Religion which such an Incendiary as Spain might inflame with the highest prejudice So shamelesly did they cloak their Designs ' of stopping these Soldiers to assist in the following Rebellion under these Cobweb pretences of the Publick Good However their Project succeeded to their mind and notwithstanding the Contract with the Spanish Ambassador for their Transportation the Soldiers were from time to time delay'd and Garret Barry and his whole Regiment and most of the rest did afterwards joyn in the Irish Rebellion This Session of Parliament was spent by the Papists who were the most numerous Party in the House in fruitless Declarations and Protestations private Petitions and Votes upon needless Queries These last together with the Judges Answers to them are to be found at large Burlace Append. 1. 2. I shall only recite one of them viz. Quere 15. Whether the issuing of Quo Warranto's against Burroughs that anciently and recently sent Burgesses to Parliament to shew Cause why they did so be Legal And if not What Punishment ought to be inflicted upon the Occasioners Procurers and Judges of and in such Quo Warranto's To which the Answer is That the Proceedings in such Quo Warranto's are coram non Judice illegal and void and the Right of sending Burgesses to Parliament is questionable in Parliament only and the Occasioners Procurerâ— and Judges in such Quo Warranto's and Proceedings are punishable as in Parliament shall be thought consonant to Law and Justice Moreover some Members of this Parliament who had the following Rebellion in their Design did in order to inform themselves of the Quantity of the Stores Ammunition and Provisions and the Place where they were deposited suggest That there was a Plot by some of the Lord Stafford's discontented Servants to destroy the Parliament and therefore procured a Committee of both Houses to be appointed to search the Rooms under the Place where they sat which they did but sound no Powder there Then they desired to see where the Stores were but the Lord Justice Burlace who was Master of the Ordnance denied them that Request which they took very ill The Popish Party did also oppose the Disbanding of the new Army raised by the Earl of Strafford however it was at length effected on the Tenth day of * Rather July quaere August and the Arms and Ammunition were carefully brought into His Majesty's Stores In the mean time it being convenient to give the Members a short Recess to attend their Harvest and their other Occasions and there being no sudden expectation of the Irish Committee's Return from England the Parliament by their own Consent was on the Seventh of August adjourn'd to the Ninth of November which for want of greater cause of Complaint was afterwards reckon'd amongst their Grievances But contrary to all Mens expectation the Irish Committee of Parliament in the latter end of August return'd loaden with Graces and Favours for that Kingdom particularly in reference to the Customs especially of Wooll and Tobacco whereof the Lords Justices sent immediate notice to the several Ports of the Kingdom and in this short Interval of Parliament busied themselves in framing such Bills to pass the next Session as the Committee had obtain'd His Majesty's Consent unto And in this quiet and serene Condition was the Kingdom of Ireland not suspecting the least Disturbance from the Papists who were not under any Persecution upon the account of Religion their Clergy exercising their Functions as safely and almost as publickly as the Protestants They were obliged to the King by the easiest of Governments and the Graces and Concessions he had lately vouchsafed unto them and they were fastned to the English by all the Ties of Interest Friendship Marriage and which is more in their esteem Gossipping and Fostering And they were engaged to propagate the Publick Peace by their own happy free and flourishing Condition for now the Papists without taking the Oath of Supremacy freely enjoyed the Offices of Sheriffs of Counties Magistrates of Corporations c. But all this was over-ballanced by their Bigotry and National Malice which opened one of the bloodiest Scenes that ever was seen in the World For on Saturday the Twenty third of October 1641. being a Day dedicated to St. Ignatius Temple 16. a fit Patron for such a Villany broke out a most desperate and formidable Rebellion an universal Defection and general Revolt wherein not only all the mere Irish but almost all the Old English that adher'd to the Church of Rome were openly or secretly involved The Conspirators pitched upon the Day because it was Market-day at Dublin and therefore a Concourse of People would the less be perceived or suspected and they chose the time of Year because Harvest was in and the Half-years Rent generally in the Tenants Hands and because the Season of the Year would hinder Relief from England until the next Spring before which time they hoped to have effected all their Designs It was a premeditated Rebellion Lord Justices and Councils Letter foretold by Sir Henry Bedingfeild a Roman Catholick of Norfolk in April before and suspected by the King as appears by Sir Henry Vane's Letter ante pag. 64. And it was in contrivance partly at home and partly abroad before the Troubles either of England or Scotland began Memoirs 22. It was communicated to the English Papists by the Popish part of the Irish Committee then in England Husbands 2. part 247. And it was finally concluded and resolved on at the Abby of Multifernam and the * Dr. Jones's Examination Appendix 9. Scheme of the Government
preserve the Bulk of that People and make them serviceable to the Government which will not be practicable unless first the Raporees are severely corrected for their past Enormities and afterwards strictly kept in Obedience And perhaps it may be very useful both to the Reduction and Settlement of Ireland to make a Difference between those Papists that are of English Extraction those that are not for although at this Day they would laugh at the Distinction yet upon the first considerable Baffle they meet with they will certainly leap at the Qualification In the mean time it may be demanded How it comes to pass that the Papists in three Years have more weakned the Protestants of Ireland in Quantity Quality and Estate in a time of Peace and the Law on their side than the Protestants could weaken them in forty times that space But the Answer is easie That the Protestants are obliged to Rules of Charity and Forms of Justice which whether others observe or not will be manifest by what they have done for whereas it is most consonant to Reason Law and the Polity of that Kingdom that the small Colony of British in a conquered Country should be protected against the numerous Natives by an Army of their own Nation and Religion and so has it been practised for five hundred Years and ought rather to be now because a Protestant Parliament gave a great yearly Revenue to that very End most part of which was also paid by Protestants Yet have we seen all this Reason Law and Polity subverted and that Army disbanded with Circumstances as bad as the Fact and Enemies introduced to guard us against themselves and Mountaneers garrisoned within those Walls that were purposely built to keep them out And whereas the Force of the Common Law is resolved into Tryals by Jury was it not a subversion of the Common Law in a Country where Perjury is so frequent that Irish Evidence is become proverbially scandalous to make Judge Sheriff Jury Witnesses and Party all of a sort what Justice a Protestant could expect in such a Case may appear by those notorious Murders and other great Crimes that have passed unpunished And by those many hundreds of Protestants who without Colour or Circumstance of Truth have been impeached for Treason Seditious Words Night-walking or Vnlawful Assemblies c. And as if all this was not enough unless they entailed these Miseries upon the Protestants and even legitimated them by Act of Parliament they have in order to that seized upon all Corporations and dissolved them on forged or frivolous Pretences in so precipitate a manner that they did not allow competent time to draw much less to review the Pleadings they reversed the Outlaries of the Popish Lords and projected to call their eldest Sons by Writ and so made themselves sure of both Houses of an Irish Parliament But alass these Complaints are drowned in greater and the Insolence and Barbarity of the Raporees is not to be expressed it was tolerable whilst the Protestants suffered under Pretence or Forms of Law but when these Wolves were let loose the English were plundered of all they had at Noon Day in the face of the Sun in Times of Peace and without Provocation and which was a greater Aggravation of this Crime it was done in many Places by the Servants and Tenants they had kept from starving and the Neighbours they had most obliged so that the Protestants of Ireland are entirely ruined by an ungrateful People themselves had cherished and supported But to proceed I have been curious to give the Vice-Roys of Ireland their proper Titles and yet I am not sure that I am always exact nor is it of any great Importance whether I am or no since their Power is measured by their Commission and not by their Denomination And although I have gathered many Materials towards a Second Part yet it will be some time before I can publish it because I shall expect that those generous Persons that have collected any curious Observations of the Later Times will either communicate them to me or command mine which I will readily part with to any Body that will undertake that Province it being indifferent to me so the thing be done whether it be performed by mending mine or beginning a new Work AN APPARATUS OR Introductory Discourse TO THE HISTORY of IRELAND CONCERNING The State of that Kingdom before the Conquest thereof by the English IRELAND is an Island seated in the Vergivian Sea on the western Side of Great Britain next to which it is the biggest Island in Europe it extends from North to South about three hundred English Miles in length and it is one hundred and eighty of the same Miles broad from East to West in some Places more in some less it contains above ten Millions and a half of Plantation which is near seventeen Millions of English Acres of Land so that it is four time as big as Palestine and holds Proportion with England and Wales as 17 to 30. The Country is not at all inferior to England for Number or Goodness of Harbours Fertility of Soyl Plenty of Fish both in the Fresh and Salt Water Fowle Wild and Tame and all Sorts of Flesh Corn and Grain and every thing else necessary for the Life of Man saving that in some of these England has got an Advantage by Improvement and good Husbandry The Irish Rivers are both more numerous and more Clear the Shenin is bigber than the Thames and might be made Navigable almost two hundred Miles the Air indeed of England is more serene and consequently more hot in Summer and more cold in Winter nevertheless that Ireland is the healthier Country may be argued from hence That seldom any Pestilential Disease rages there and no part of that Kingdom is so unhealthy as the Fenns of Huntington Lincoln and Cambridge Shires the Hundreds of Essex or the Wild of Kent and it may be expected That as the Bogs are drained and the Country grows Populous the Irish Air will meliorate since it is already brought to that Pass That Fluxes and Dissenteries which are the Country Diseases are neither so riâ—e nor so mortal as they have been heretofore Things most observable of that Country are That nothing venomous will live in it there are Spiders but not poysonous Ireland breeds the largest Grey-hound in the World they are called Wolf-Dogs and will dwindle and grow much smaller in two or three Generations in any other Country The Irish Hawk is reputed the best in Europe and the Irish Hobbies or ambling Nags can hardly be matched nor do any Seas abound with Pilchards more than the Southern Irish Sea it is very rare to have an Earthquake in Ireland and when it happens it is portentuous there are a thousand Lies reported of wonderful things in Ireland but the only extraordinary thing I can aver true is the strange Quality of Logh neâ—gh that turns Wood into Stone and I
the same in the latter Day will be most severely required at our Hands You have our well-beloved Son in Christ advertis'd and signified unto us That you will enter into the Land and Realm of Ireland to the end to bring them to Obedience unto Law and under your Subjection and to root out from among them their foul Sins and Wickedness as also to yield and pay yearly out of every House a yearly Pension of one Penny to S. Peter and besides also will defend and keep the Rites of those Churches whole and inviolate We therefore well allowing and favouring this your godly Disposition and commendable Affection do accept ratifie and Assent unto this your Petition and do grant That you for the dilating of God's Church the Punishment of Sin the Reforming of Manners planting of Virtue and the increasing of Christian Religion do enter to possess that Land and there to execute according to your Wisdom whatsoever shall be for the Honour of God and the Safety of the Realm And further also we do strictly charge and require That all the People of that Land do with all Humbleness Dutifulness and Honour receive and accept you as their Liege Lord and Sovereign reserving and excepting the Right of Holy Church to be inviolably preserved as also the yearly Pension of Peter-Pence out of every House which we require to be truly answered to S. Peter and to the Church of Rome If therefore you do mind to bring your Godly Purpose to effect endeavour to travail to reform the People to some better Order and Trade of Life and that also by your self and by such others as you shall think meet true and honest in their Life Manners and Conversation to the end the Church of God may be beautified the True Christian Religion sowed and planted and all other things done that by any means shall or may be to God's Honour and Salvation of Men's Souls whereby you may in the end receive of God's Hands the Reward of Everlasting Life and also in the mean time and in this Life carry a Glorious Fame and an Honourable Report among all Nations Together with this Bull the Pope sent King Henry a Gold-Ring as a Token of Investiture and somtime after a succeeding Pope Alexander III confirmed the former Grant by the following Breve ALexander the Bishop Hanmer 141. the Servant of the Servants of God to his dearly beloved Son the Noble King of England greeting Grace and Apostolick Benediction Forasmuch as things given and granted upon good Reason by our Predecessors are to be well allowed of ratified and confirmed we well considering and pondering the Grant and Priviledge for and concerning the Dominion of the Land of Ireland to Vs appertaining and lately given by Adrian our Predecessor We following his Steps do in like manner Confirm Ratifie and Allow the same reserving and saving to S. Peter and to the Church of Rome the yearly Pension of one Peny out of every House as well in England as in Ireland provided also that the Barbarous People of Ireland by your means be Reformed and Recovered from that filthy Life and abominable Conversation that as in Name so in Life and Manners they may be Christians and that as that Rude and Disordered Church being by you reformed the whole Nation may also with the Profession of the Name be in Acts and Deeds Followers of the same But saith Rossus of Warwick and he was no Protestant The King of England is not bound to rely on the Pope's Grant for Ireland Speed 472. nor yet to pay that Tax because he had a Precedent Claim to that Kingdom by hereditary Right Others object against these Bulls in another manner and particularly Philip O Sullevan who says They are void for many Reasons First Because they were obtained on false Suggestions and the Infallible Popes were deceived in their Grants Secondly That Regal or Sovereign Power is not granted by them but only that the Kings of England should be Lieutenants or Deputies to the Pope and Collectors of his Peter-Pence Thirdly That they were on a twofold Condition of paying Tribute and converting the People which not being performed the Bulls are void But because it is scarce credible that any Subject should be so Malicious against his Prince you shall have it in his own Words Rex hoc Decretum impetravit falsa Narrans ut ex ipso Decreto ego colligo pag. 59. Non Dominum Hiberniae sed Praefectum causa colligendi Tributi Ecclesiastici pag. 59. b. And again pag. 60. Non ut Rex aut Dominus Hiberniae sed ut a Pontifice Praefectus sic ego accepi ut Exactor Collector Pecunâ—ae quae ad Sedem Apostolicam pertinebat pag. 61. Ac mihi quidem rem totam sollicita Mentis acie contemplanti nihil Juris esse penes Anglos videtur For besides says he their Title was founded in Adultery meaning Dermond Mac Morough's they have exercised Fraud and Cruelty against the Catholicks that entertained them kindly and the very Temples have not escaped them Hinc igitur nemo ignorabit Hiberniam non Jure sed Injuria Narratione minime vera Sullevan 61. fuisse ab Anglis primo obtenta pag. 61. b. Nor can any Body believe says he that the Pope ever design'd so great an Injustice as to deprive the Irish Kings of their Birth-right Ibid. 62. and give it to Strangers And then he tells us That Laurence O Toole Archbishop of Dublin did obtain of the Pope a Bull to deprive the English King of his Government in Ireland but he dyed in his Return in France and is since canonized But says he supposing the Popes Grant at first were good yet 't is forfeited by Breach of Condition since the English did neither propogate Religion nor pay the Peter-Pence Postea omni Jure plane exciderunt Conditiones a Papa dictas constitutasque transgressi Nam Pensionem Divi Petri de medio sustulerunt nullam certam Religionem nullam firmam Fidem habent pro Deo Ventrem Voluntatem Libidinem colunt By this and the Approbation this Scandalous and Lying Treatise met with in Spain and the Repetition of the same things by divers others in their bitter Libels on the English People and Government and particularly by the Author of Analecta Hiberniae it is manifest that there are some Enemies of the Crown of England so malicious and unjust that they would make use of the most frivolous Pretences in the World to wrest the Kingdom of Ireland from the Dominion of the English Kings But as God Almighty has hitherto even many times to a Miracle protected the British Interest in Ireland so I doubt not unless we are wanting to our own Preservation but that he will continue that Noble Island under the Jurisdiction of the Crown of England for ever In the mean time though we lay no stress on the Popes Bulls yet because they are Argumenta ad Hominem and
Conclusion had destroyed three of his Objections for if the Irish were in almost continual Rebellions as he says and is true how could he expect they should enjoy Offices sit in Parliaments or have Benefit of the Kings Laws But the weakness of these Objections will yet more plainly appear by the following Answers To the First the Instances are few and it is bad Logick to draw general Consequences from the Actions of two or three particular Men especially such as so bitterly reflect on a Government or Nation besides all these three were Papists and their Sacrilege does not concern the Protestant Government of Ireland which is what Mr. Sullevan design'd to asperse To the Second If this Author had consulted the Ecclesiastical Catalogue he would have found that the Natives had more than their share of Bishopricks and Arch-Bishopricks and that to the ruine of most of the Sees and in the Military List he might have found the Baron of Dungannon Neal Garuff Macguire O Connor and many more who had Pay or Pension and yet it is so far from being criminal to prefer the Colony before the Native to Offices of Trust and Profit in a conquered Country that it is a necessary Duty to do it Ne Victi Victoribus Legem darent at most this Partiality is but in matters of Favour so that there is no wrong and 't is founded on good Law and sound Policy But what would this Objecter and his Companions say if they should see a Popish Governor in Ireland against all Law and Policy to make it criminal to be an Englishman and a cause of deprivation to profess the Religion by Law established To the Third Several of the Irish Potentates did sit in former Parliaments and particularly in the Parliaments of the 8th of Edw. 2. O Hanlon O Neal O Donnel Macgenis O Cahon Mac Mahon and many more Irish Lords were present but since the Parliaments are better regulated 't is true that none are suffered to sit in the House of Lords but such as are Lords of Parliament by Law viz. by Writ or Patent but 't is as true that the principal men of the Irish have or had Titles that qualifie them to sit there as O Neal Earl of Tyrone O Donel Earl of Tyrconnel O Bryan Earl of Thomond Mac Carthy Earl of Clancarthy O Bryan Earl of Insiquin The Lords Macguire Clare Glanmalira and Dungannon Kavenagh Baron of Balion O Carol Baron of Ely and many more To the Fourth Since the Irish would not admit their Countries to be made Shire-Ground nor suffer Sheriffs to exercise any Authority in them so that they were not amesnable to the Kings Laws but were governed by their own Brehon Laws so that the English could have no Justice against them nor could the King punish Murder without sending an Army to do it there was no reason they should have the Benefit of that Law they would not submit to And this I take to be the true Reason why it was denied them Davis 6. 'T is true they often Petitioned for the Liberty to be Plaintiffs but they would not at the same time put themselves in a condition to be Defendants nor come within the Jurisdiction of the Kings Courts but by starts and for their benefit and therefore assoon as the Kingdom was throughly subdued and reduced into Shires so that the Kings Writ did run throughout the Realm the Irish had also an equal Benefit of the Law and were received into the Condition of Subjects So that this Objection has been long since quite taken away As to the Fifth They were not so ignorant but that they knew the necessity of leaving a Tenure in the King besides there was some small Reservation or Crown-Rent reserv'd by Contract or Agreement in every Patent and therefore they did not expect it as free as they surrendred it however they got well enough by the bargain for in lieu of a precarious Estate for Life at most they got legal Titles of Inheritance by the Kings Grants and certainly they had little reason to complain whilst as our Author confesses they enjoy'd both the Profits and the Possession But let us return to King Henry the Second who found work enough in France and was advised by his Mother Maud the Empress and others at a great Council held on that occasion Speed at Winchester to postpone his Irish Designs until he could meet with a more favourable opportunity which not long after hapned For Dermond Mac Murrough King of Leinster Regan having forced O Neale O Mlaghalin and O Caroll to give him Hostages grew so insolent at these successes that he became oppressive to his Subjects and injurious to his Neighbours more especially by the Rape of the Wife of Orourk King of Brehny 1167. who was Daughter of O Mlaghlin King of Meath Stanihurst whereupon he was invaded by his Enemies Cambrensis and abandoned by his Subjects and Tributaries particularly by Morough O Borne Hasculphus Mac Turkil Governor of Dublin and Daniel Prince of Ossory and after many Disasters 1168. was forced to quit his Country and betake himself to the King of England for Assistance He was accompanied by his Trusty Servant Auliff O Kinade and sixty others and safely arrived at Bristol where he was generously entertain'd at S. Austin's Abbey by Robert Fitzharding Regan M. S. and so having refresh'd himself and Servants he went forward on his Voyage to Aquitain where the King then resided He appeared before the King in a most shabby Habit 1169. says Friar Clin Stanihurst 6â— suitable to the wretched condition of an Exile He fell at his Majesties feet and emphatically bewail'd his own Miseries and Misfortunes He represented the Malice of his Neighbours and the Treachery of his pretended Friends and the Rebellion of his Subjects in proper and lively Expressions he suggested that Kings were then most like Gods when they exercised themselves in succouring the Distressed and that the Fame of King Henry's Magnificence and Generosity had induced him to that Address for his Majesties Protection Assistance But the King being engaged in France could not aid him personally however being mov'd with Dermond's cunning Speeches submissive Deportment Hooker 1. he pitied his Misfortunes entertain'd him kindly and gave him some Presents and then took his Oath of Allegiance and gave him the following Patent HEnry Stainhurst 66. King of England Duke of Normandy and Aquitain Earl of Anjou c. Vnto all his Subjects English Normans Welsh and Scots and to all Nations and People being his Subjects Greeting Whereas Dermond Prince of Leinster most wrongfully as he informeth banished out of his one Country hath craved our Aid Therefore for asmuch as we have received him into our Protection Grace and Favour whosoever within our Realm subject to our Commands will Aid and Help him whom we have embraced as our Trusty Friend for the Recovery of his Land let him be
and believed Camden's Annals he was crowned on Ascension-Day by the said Archbishop 1199. at Westminster with great Solemnity and not long after he was girt with the Ducal Sword of Normandy by William Archbishop of Roan Hanno de Valois Lord Justice continued so the first Year of King John but then he fell into such Disgrace that he was not only remov'd from his Government Libb GGG but also was obliged to give the King a thousand Marks Lamberh for his Favour and for a Discharge of his Accounts about Ireland And Meyler Fitz-Henry 1200. Natural Son of King Henry I by Nesta Mother of Maurice Fitz-Gerald 1202. was made Lord Justice in whose Time May 4. 1202. King John granted that is confirmed the Archbishoprick of Armagh to Humphry de Tickhul but Ralph le Petit Archdeacon of Meath pretended that the Election fell on him and resolved to contest it with Tickhul 1203. In the mean Time the Pope appointed one Owen mac Gillevider but the King was so angry with him that he prohibited all the Clergy from owning him as Archbishop And to prevent him the King on the Death of Tickhul Ware de Presul 17. anno 1203. confirmed Ralph le Petit in the Archbishoprick Nevertheless Owen so managed the Matter that he enjoyed the Archbishoprick and was restored to the King's Favour He had the Character of an Honest and Worthy Prelate and was present at the Lateran Council in Quality of Primate of all Ireland The King had given to William de Braos and his Heirs the Honour of Limerick with the Appurtenances as Henry II gave it to Philip Unkle of William except the City of Limerick and the Donation of Abbies and Bishopricks the Cantred of the Oastmens and the Holy Island and the Services of William de Burgo which the King retained to be held by sixty Knights Fees But I do not find that William de Braosa had any great Benefit of this Grant for being a bold and a generous Man and abhorring the Murder of Duke Arthur the King's Nephew which he verily believed was done by the King's Command as did likewise John de Courcy they both spoke more than came to their Share And thereupon Braosa fled into Ireland with his Wife and Children from whence he afterwards removed to the Isle of Man and thence to France where he dyed but she and her Son were taken in a Castle in Meath Speed 508. and tho' she sent the Queen a strange Present of four hundred Cows and a Bull all White but their Ears which were Red yet that could not make her Peace but that she and her Son were sent Prisoners to Windsor where they were starv'd to Death as was said And as for Courcy the King to mortifie him appointed his Inveterate Enemy and Competitor Hugh de Lacy 1203. Lord Justice of Ireland and gave him Order to arrest Courcy and send him Prisoner to England But Courcy had some Intelligence or at least Jealousie of the Design and therefore kept upon his Guard so cautiously that Lacy could not surprize him Wherefore he levied an Army and invaded Vlster at Down both Parties met and the Valiant Courcy sent Lacy back with Blows and Shame enough After this Bloody Victory Courcy offered the Combat which the Lord Justice in his Politick Capacity refused to undergo against a Subject and a Traytor wherefore he took a wiser Course and by his Proclamation offered a large Reward to him that should bring in Courcy alive or dead But this not taking effect he dealt with some of Courcy's Servants to seize their Master on Good-Friday whilst unarmed he should be doing Penance and walking Bare-foot about the Church-Yard of Down as he was wont to do every Year They undertook the Matter and effected it with the Slaughter of two of the S. Lawrences who attended their Unkle Courcy that Day But the Traytors paid dear for their Perfidiousness for Courcy with a Wooden Cross which he got in the Church-Yard killed thirteen of them and the rest were sent by the Lord Justice into England with this Pasport which they were obliged not to open till they were in Necessity of it I Hugh de Lacy Lord Justice of Ireland Servant to my dread Sovereign Lord King John To all them that shall read these few Lines greet Know ye That these Men whose Names are underwritten sometimes served Sir John de Courcy late Earl of Ulster but now in Durance in the Tower of London and for a Sum of Mony betraied their own Master into my Hands I deem them no better than Judas the Traytor How hardly soever I have conceived of Courcy I hold them to be a thousand times more damnable Traytors Wherefore let no Subject in the King's Dominions give them any Entertainment but spit in their Faces and suffer them to rogue and wander about as Jews The Lord Justice provided a Barque and Victuals for them but denyed them Pilots or Seamen so that being sufficiently tossed at Sea they were driven into Cork and were there taken and afterward hanged by Order of Lacy who shewed himself Generous in this one thing That though he loved the Treason he hated the Traytor And thus was the Valiant Courcy condemned to perpetual Imprisonment in the Tower of London and that Lacy might personally solicit a Reward for this great Service he had leave to come to Court And Myler Fitz-Henry was again made Lord Justice April 3. 1205. The Historians of that Age make honourable Mention of him He died Anno 1220. and was buried in the Abby of Conal which himself had founded and on his Tomb was this bald Epitaph Conduntur Tumulo Meyleri Nobilis ossa Indomitus Domitor totius Gentis Hibernae But Hugh de Lacy's Services were so well accepted in England May 2. 1205. that the King gave him the Earldom of Vlster as fully as Courcy held it the day he was taken except the Donation of Bishopricks and Abbies and because the King had occasion of Lacy's personal Attendance in England therefore he gave Charge to the Lord Justice to defend and preserve Lacy's Lands as he would the Demesnes of the Crown On the 30th of August Lib. GGG 6. A Writ was sent to the Lord Justice commanding him to build a strong Castle at Dublin to defend that City and to preserve the King's Treasure and the Second of November following the King by Writ commanded Walter de Lacy to put Limerick into the Lord Justice's hands because without it he could neither keep the Peace in Cork nor Connaught The same Year the King of Connaught releas'd two Parts of that Country 1206. retaining the Third at the yearly Rent of an hundred Marks and the next Year offered to continue Tenant to the same Third part at the aforesaid Rent of one hundred Marks per Annum to be held per Baroniam and to pay a yearly Tribute of three hundred Marks per
the King appointed no small Provision was made for so eager a Combat as that was presupposed to have been But when the prefixed Day approached near Vescie turning his great Boast to small Roast began to cry Creak and secretly sailed into France King Edward thereof advertised bestowed Vescies Lordships of Kildare and Rathingan on the Baron of Ophaly saying That albeit Vescie conveyed his Person into France yet he left his Lands behind him in Ireland Mr. Pryn makes an Observation on this Case Pryn 259. as if an Appeal between Vescie and Fitz-Girald in Ireland had been adjourned to England But to make the Remark useful it is necessary not only to consider what he says but also to consult the Records which he cites William Hay 1294. Lord Deputy to whom a Writ was sent to admit Thomas Saintleger Bishop of Meath to be of the Privy Council And not long after John Fitz-Thomas return'd to Ireland big with Glory and Success which transported him to a Contempt of all his Opposers he began with Richard Burk Cambdens Ann. Earl of Vlster whom together with William Burk he took Prisoners in Meath by the assistance of John Delamere and confined them to the Castle of Ley. But he had not so good luck in Kildare which was made the Seat of the War so that between the English and Irish it was entirely wasted the Castle of Kildare was also taken and the Records of that County burnt by Calwagh Brother to the King of Ophaly And these Misfortunes were accompanied with great Dearth and Pestilence William Dodingzel Lord Justice found Work enough to struggle with these Difficulties and the rather because John Fitz-Thomas appeared again with a great Army in Meath But the Parliament soon after met at Kilkenny 1294. and obliged him to release the Earl of Vlster taking his two Sons Hostages for him And it seems that this did not satisfie the Complainants but that they impeached him at the Parliament in England Lib. GGG 23 E. 1. for divers Offences and Felonies done in Ireland Lambeth He protested he could clear himself by Law but because he would not Prin 259. cum ipso Domino Rege placitare he submits himself wholly to the King's Favour 1295. into which he was received upon Pledges for his future demeanour and 't is probable he was also obliged to release his Claim to the Castle of Sligo and other his Lands in Connaught which was the Occasion of all this Stir About Easter the King built the Castle of Beaumorris in Wales 1295. for the better security of a Passage to and from Ireland And about the same time Bishop Vsher's life 34. the King required Aid to marry his Sister to the Emperour and such as did contribute thereunto are mentioned in the Pipe-Rolls of the Exchequer In the mean time on the third Day of April the Lord Justice died and during the Interval of Government the Irish made use of the Opportunity and wasted great part of Leinster burnt Newcastle and many other Towns But at length the Council chose Thomas Fitz-Maurice Fitz-Girald Lord Justice he was nicknamed Nappagh Simiacus or the Ape because when his Father and Grand-Father were murdered Frier Russel M. S. at Calan the Servants on the news of it run out of the House as if distracted and left this Thomas in the Cradle whereupon an Ape which was kept in the House took up the Child and carried him to the top of the Castle of Traly and brought him down Safe and laid him in the Cradle to the admiration of all the Beholders This Lord Justice was Father of the first Earl of Desmond and was so great a Man that he is often styled Prince and Ruler of Munster But it seems he supplyed the Place of Lord Justice but a very short time for John Wogan 1295. Lord Justice arrived from England on the eighteenth of October He made a Truce for two Years between the Burks and the Giraldines and received a Writ to take the Fealty of the Abbot of Owny in the County of Limerick and having called a Parliament which it seems setled Matters to his Mind he went with a smart Party to aid the King in Scotland His Majesty nobly feasted them at Roxborough Castle and they in requital did the King very good Service But that you may see what sort of Parliaments were in Ireland in those Days I will present the Reader with a List of this Parliament Richard de Burgo Earl ofVlster Geofry de Genevil John Fitz-Thomas afterwards Earl of Kildare Thomas Fitz-Maurice Nappagh Theobald le Butler Theobald de Verdun Peter de Brimingham of Athenry Peter de Brimingham of Thetmoy Eustace de Poer John de Poer Hugh de Purcel John de Cogan John de Barry William de Barry Walter de Lacy. Richard de Excester John Pipard Water L'enfant Jordan de Exon. Adam de Stanton Symon de Phipo William Cadel John en Val. Morris de Carew George de la Roch. Maurice de Rochfort Maurice Fitz-Thomas of Kerry William de Ross 1296. Prior of Kilmainham was left Lord Deputy to Wogan but either the Irish did not fear him being a Clergyman or they thought this a time of Advantage whilst the Lord Justice and many of the Nobility and best Soldiers were in Scotland and therefore to improve it as they were used to do they rose in Rebellion in several Places Those of Slewmargy burnt Leighlin and other Towns 1297. But O Hanlon and Mac Mahon met with more Opposition in Vrgile for they were both slain John Wogan 1298. Lord Justice returned again from Scotland in October and throughly reconciled the Burks and the Giraldines and kept every thing so quiet that we hear of no Trouble in a great while except some Disturbance the Irish gave to the Lord Theobald de Verdun in attacking his Castle of Roch. Pollard Mony was now decryed both in England and Ireland 1300. and the King did again enter Scotland and sent to Ireland for Aid and wrote not only to the Lord Justice but also sent particular Letters to every one of the Nobility to attend him Whereupon the Lord Justice accompanied by John Fitz-Thomas Peirce Brimingham and many others made a second Expedition into Scotland with good Success In the mean time part of the City of Dublin and particularly S. Warberg's Church was burnt on S. Colme's Eve and the Irish were again at their usual Pranks taking Advantage of the Lord Justices absence who I suppose did again depute William de Ross and in Winter assaulted and burnt Wicklow and Rathdan 1301. but they were well paid for their pains and in Lent had been ruin'd but for the Dissention and Discord of the English and in the Harvest before some of the Irish also had their share of Civil Discord for they fell out amongst themselves so that the O Phelims and O Tools slew three hundred of the Birns
Lord Justice was not less active in Leinster for he defeated O Morrough at Bally lethan and made a great Slaughter of the Rebels at Tristle Dermond and slew about four hundred of the Irish of Omayle There is a Writ in Mr. Prin's Animadversions on the 4th Institute Prin 261. too long to be here recited whereby it appears That an Englishman was punishable by Death for Killing Burning Theft or Robbery committed against an Englishman but an Irishman was only punishable at the discretion of the Brehon for Theft or Robbery of an Englishman but that in time the chief Governors did commute the punishment of any Felony even Murder of an Englishman for Money and thereby Witnesses were discouraged to testifie the Truth lest the surviving Felon might revenge it Therefore the Writ requires to assemble the Lords and COMMONS to advise c. In the same Writ is mentioned that the Irish petitioned for an Annual Parliament and because it is certain there were not Parliaments every year even in this Kings Reign Prin 263. Mr. Prin conceives that my Lord Cooke mistook that Petition for an Order for an Irish Annual Parliament which he says was at this time made but the Manuscripts M. and GGG at Lambeth 4 Insl 350. do agree with my Lord Cooke that there was such an Order But let us return to Bruce who on Midsummer-Day summoned Carigfergus and though eight Ships were sent thither from Tredagh yet the Garrison were reduced to the extremity of eating Leather and of feeding on eight Scots who were their Prisoners and so were at length forced by Famine to surrender in the latter end of August Nor did better News come from Connaught where O Connor defeated a Party of the English and slew the Lord Stephen of Exester Miles Cogan and eighty of the Barryes and Lawleys But this Misfortune was not long unrevenged Frag. 6. for on the fourth Day of August William de Burgo and Richard de Bremingham encountred Fylemy O Connor King of Connaught and a numerous Army of Irish near Athenry with prodigious Success for they slew the King of Connaught and eight thousand of his Men Aug. 1316. The Valour of Hussy a Butcher of Athenry was very remarkable on this Occasion for he fought with O Kelly and his Squire together and slew them both for which he was knighted and is Ancestor of the reputed Barons of Galtrim They say Athenry was walled with the Plunder of this Battle Cambd. 172. and that the brave Brimingham was made Baron of Athenry for this noble Service and his Heir is now the first Baron in Ireland About the same time viz. in August 1316. O Hanlon came for Contribution to Dundalk but the Townsmen under Robert Verdon who lost his Life in the Service entertained them so valiantly that O Hanlon was forced to leave two hundred of his Followers behind him About the end of August died the Noble Earl of Kildare Ibid. 173. and was succeeded by his Son Thomas On the fourteenth of September Ibid. Burk and Briminghan got another Victory in Conaught and slew five hundred Irish and their Captains Connor and the Mac Kelly and in the latter end of October John Loggan and Hugh Bisset routed the Scots in Vlster and slew one hundred with double Armour and two hundred with single Armour besides many of their naked Followers and sent Prisoners to Dublin Sir Alen Stewart Sir John Sandale Ibid. and other Scotchmen In December the Lacies procured themselves to be Indicted and Acquitted of introducing the Scots into Ireland and then had the King's Charter of Pardon Ibid. whereupon they renewed their Oath of Fealty and took the Sacrament to corroborate the same The Scots being joyned with the Irish of Vlster gathered a numerous Army computed to be near twenty thousand Men and in Lent they marched as far as Slane destroying the Country as they went The Earl of Vlster was then at S. Mary Abbey near Dublin but some Misunderstanding hapning between him and the Citizens 1316. Robert Notingham then Mayor of Dublin caused the Earl to be imprisoned in the Castle of Dublin and in the Fray seven of the Earl's Servants were slain and the Abby was spoiled and some of it burnt Hereupon Bruce marched toward Dublin Febr. 24. and took the Castle of Knock and the Lord Hugh Tyrrel in it who with his Wife were afterwards ransomed for a piece of Mony The Dublinians burnt the Suburbs to secure the City some Churches were destroyed in this Hurry and the Cathedral of S. Patricks did not escape But Bruce understanding the City was well walled and that the Citizens resolved to defend it he turned aside to the Naas being conducted and advised by Lacy notwithstanding his aforesaid Oath At the Naas they staid two Days spoiled the Churches opened the Tombs to search for Treasure and at last burnt the Town and thence marched to Castledermot Gauran and Callan destroying the Country as they went And what better could be expected when the King's Authority was so little regarded in Ireland that his Writ to bail the Earl of Vlster was disobeyed by the Mayor of Dublin Some of the Vlster-Men pretended an Aversion against the Scots Camb. 174. and desired Aid and Commission from the King they had the Commission at last and the King's Standard was delivered to them but they did more harm with it than the Scots had done they so behaved themselves if you believe my Author that they purchased the Curse of God and Man Bruce marched near Limerick to Kenlis in Ossory and about Palmsunday he came to Cashel and thence marched to Nenagh wasting all the Lord Justice's Estate in the Counties of Kilkenny and Typerary In the mean time the English Lords were Assembled at Kilkenny Davis 169. says Desmond was General and had gathered a numerous Army consisting of all sorts of thirty thousand Men and under the Conduct of the Lord Justice and Earl of Kildare designed to pursue the Scots 1317. when on Thursday in Easter-week there arrived at Youghal Roger Mortimer Lord Justice cum triginta octo Militibus who immediately sent word to the English Generals not to fight till he came but Bruce upon notice of his Arrival marcht toward Kildare and so to Naas and tho' he lurkt almost a week in the Woods near Trim to refresh his Men yet afterwards he made such haste that in the beginning of May he got into Vlster The Lord Justice seeing Bruce had retreated suffered his voluntary Army which the Irish call a rising out to return to their own homes the better to refresh themselves till a new Summons and went himself to Dublin and with the Lord Wogan Sir Fulk Warren and thirty Knights more he held a Parliament at Kilmainham where the deliverance of the Earl of Vlster was the chief thing treated of and it was at last effected at a second Meeting of the Parliament about
three Estates were assembled and this sort of Parliament is intended in the Submission of Mac. Mahon 25. Hen. 6. whereby he promiseth that in time of Arch-Parliaments he will carry nothing away out of the English Pale contrary to the Statutes Thus the Annals of Ross mention Quod Magnum Parliamentum tenetur apud Dublin 1333. And Mr. Cambden ad annum 1341 calls it Commune Parliamentum But after all there were but very few Cities or Corporations that were concerned in or summoned to an Irish Parliament until of later Days The Earl of Desmond did indeed associate with the Deputies of many Towns in his Assembly at Kilkenny but that was to strengthen his Party and to enlarge his Confederacy so that whoever will look for an Irish Parliament consisting of Lords Spiritual and Temporal Knights Citizens and Burgesses summoned by the King 's Writ on forty Days Notice and sitting in several Houses as the Custom is now must search the Parliament Rolls to satisfie himself which was the first Parliament of that sort in Ireland for he will not in any History find a sufficient Information in that Particular as I suppose But let us return to the Lord Justice 1345. who summoned a Parliament to meet at Dublin the seventh of June but the Earl of Desmond still refused to come thither and had appointed another Assembly at Calan at which Place several great Men had promised to come Fryar Clun ad annum 1344. but they were prohibited by the King 's Writ and therefore excused themselves to the Earl But the Lord Justice to abate the Insolence of the Earl of Desmond advanced the King's Standard into Mâ—nster he seized on the Earls Lands and gave them in custodiam to those that would take them He also by Stratagem took the Castles of Iniskilly and Island in October following and he hanged three Knights that commanded them viz. Poer Grant and Cotterel Ware antiq 69. Quia multas graves extraneas intolerabiles leges exercuissent tenuissent invenissent viz. Coyn and Livery c. It is probable that Desmond was so mortified with this Usage that he surrendred himself to the Lord Justice and was let to bail on the Recognizance of the Earls of Vlster and Ormond Lib. P. and twenty four Knights but finding the Severity of this Governor he thought it dangerous to appear according to the Condition of the Recognisance and therefore it was estreated into the Exchequer and though the Noblemen and some of the Knights made a shift to get rid of this matter yet eighteen of the Knights lost their Estates and were utterly ruined thereby This Lord Justice did also use means to apprehend the Earl of Kildare which at last he effected and kept him in Prison where he continued till the twenty sixth of May 1346. and then he was discharged by the new Justice on the Recognisance of twenty four Lords and Gentlemen About this time viz. 18 Edw. 3. Seals were made for the Courts of King's Bench and Common Pleas in Ireland And the King pardoned the Archbishop of Dublin late Treasurer of Ireland for sundry false Writs and Acquittances which he had put into his Treasurers Account in deceipt of the King But on Palm-Sunday being the ninth Day of April this severe Governor submitted to his Destiny 1346. to the great Joy of the generality of the People And it is observeable That his Lady who was received like an Empress and lived like a Queen was fain to steal away through a Postern-Gate of the Castle to shun the Curses of her Enemies and the Clamour of her Creditors Sir Roger Darcy was immediately appointed Lord Justice ex assensu ordinatione Regalium aliorum in Hibernia and sworn the 10th of April but he continued only till the 25â—h of May and then surrendred to Sir John Morris Lord Justice who met the bad News that in April before the O Mores had burnt the Castles of Ley and Kilmehide He released the Earl of Kildare out of Prison as aforesaid but continued not long in his Government so that there is little mention of what was done in his time saving that in June the Irish of Vlster slew three hundred of the English of Vrgile and immediately thereupon Sir Walter Birmingham 1346. Lord Justice landed in Ireland and was sworn the 19th of June he procured leave for the Earl of Desmond to manage his Cause in England where that Earl was kindly received and allowed by the King twenty Shillings per diem from the day he landed for his Expences his Estate being I suppose in Custodiam he was diligent in his business and followed the Law hard says my Author for satisfaction for the wrongs done him by Vfford The Lord Justice and the Earl of Kildare in November pursued the O Mores so effectually that they forced them to submit and give Hostages and thereupon the Earl of Kildare obliged by the kindness shewed to his Cozen Desmond in England went in May to serve the King at Calice 1347. where he was Knighted by the King for his good Service and the Lord Justice return'd to England leaving John Archer Prior of Kilmainham Lord Deputy in whose time Donald Oge mac Morrough call'd Prince of Leinster was murdered by his own Followers on the 5th of June and the Town of Nenagh was burnt by the Irish on St. Stephens Day Sir Walter Birmingham 1348. Lord Justice came again from England having first obtain'd for himself the Barony of Kenlis in Ossory which formerly belonged to Sir Eustace Poer one of the Knights taken by Vfford in the Earl of Desmonds Castle of Island and there executed It was about this time Cottons Rec. 66. viz. 21 Edw. 3. that the Commons in the English Parliament did petition the King that Enquiry might be made by good men why he taketh no Profit of what he hath in Ireland seeing he hath more there than any of his Ancestors had And if default be found in the Officers that then such others be put into their places as will answer the King of the reasonable Profit thereof and the King was pleased it should be so They also desire that the Estate of the Earl of Vlster which if the Kings Daughter-in-Law the Duchess of Clarence should die without issue might descend to Co-parceners some of which are the Kings Enemies might be setled otherwise And it seems that by the good usage Desmond and Kildare found in England and France and the daily expectation to have the resumed Lands and Jurisdictions restored which was done anno 1352. the Kingdom was so quiet that we find little or nothing recorded of these times except the alteration of the Governors viz. that The Lord Carew 1349. Lord Justice succeeded Birmingham and that Sir Thomas Rokeby 1349. Lord Justice came over the 20th of December and afterward he returned to England and left Maurice de Rochford 1351. Bishop of Limerick Lord
Deputy who held that Place and discharg'd it worthily until Sir Thomas Rokeby 1353. Lord Justice returned he brought with him ten men at Arms and twenty Archers which were allowed him by the King over and above the ordinary Retinue of twenty Men. About this time lived Sir Robert Savage a very considerable Gentleman in Vlster who began to fortifie his dwelling House with strong Walls and Bulwarks but his Son derided the Fathers Providence and Caution affirming that a Castle of Bones was better than a Castle of Stones and thereupon the old Gentleman put a stop to his Building It hapned that this brave Man with his Neighbors and Followers were to set out against a numerous Rabble of Irish that had made Incursions into their Territories And he gave Orders to provide plenty of good Cheer against his return but one of the Company reprov'd him for doing so alledging that he could not tell but the Enemy might eat what he should provide to whom the valiant old Gentleman replied That he hoped better from their Courage Camb. 193. but that if it should happen that his very Enemies should come to his House he should be asham'd if they should find it void of good Cheer The Event was suitable to the Bravery of the Undertaking Old Savage had the killing of three thousand of the Irish near Antrim and return'd joyfully home to Supper But let us return to the Lord Justice of whom it is recorded that he us'd to say That he would rather eat his Meat in wooden Dishes and pay Gold and Silver for it than to eat in Golden Dishes and make wooden Payment However on the 20th day of July 1355. he did resign to Maurice Fitz-Girald 1355. Earl of Desmond Lord Justice he obtained so much favour in England Lib. M. that he had this Office granted to him for Life which expired the 25th day of January he was so just a man that he spared not his very Relations when they were criminal And about this time the Barons of the Exchequer were reduced to Three Lib. CCC 10. 29 Ed. 3. and John de Pembrook Chancellor of the Exchequer was made the third Baron Sir Thomas Rokeby 1356. Lord Justice returned again to Ireland and held a Parliament at Kilkenny at which many good Laws were enacted In his time a Memorable Writ was sent to the Lord Justice and Chancellor reciting That whereas the Subject found great difficulty to get Restitution according to Law of such Lands as were at any time seized into the Kings Hands Prin. 286. 29 Ed. 3. And whereas they refused in Parliaments here to take cognizance of erronious Proceedings in the Kings Courts but put the Subject to the trouble and charge of prosecuting a Writ of Error in England the King orders amendment and Reformation in both those Cases And not long after this worthy Lord Justice died at the Castle of Kilkea and was succeeded by Almaricus de Sancto Amando 1337. Lord Justice in whose time a great Controversie happened between the Archbishop of Armagh and the Regulars but at length by the favour of the Pope the Friers got the better of the Bishop To this Lord Justice the King sent a Writ or Commission Prin 294. authorizing him with the Advice of the Chancellor and Treasurer to give a special Pardon to as many English or Irish as he shall think fit for all Crimes except Treason Moreover for the better instruction of the People and because of the Non-residence of their Pastors Ibid. the King by his Sovereign Ecclesiastical Jurisdiction Authoriz'd and Licenc'd the Archbishop of Dublin to constitute perpetual Vicars in all Benefices and Prebendaries belonging to his Archbishoprick and of the Kings Patronage with certain proportions of greater and lesser Tithes and other Profits to those who should reside upon them But which was more than all this the King by advice of his Council made most excellent Ordinances in England for the better Government of the Church and State of Ireland and the maintenance of the good Laws and Statutes of England there established they are to be found at large in Prins Animadversions on the 4th Instit pag. 287. and therefore are omitted here being very long though also very good only this must be observed that the Clause formerly quoted ad annum 1344 out of the 4th Instit is by my Lord Cooke mistaken both as to Time and Form as to the Time it was not 17 Edw. 3. as he says but it was 31 Edw. 3. And as to the Form it is thus VOlumus praecipimus quod Nostra ipsius terrae Negotiâ—a praesertim majora ardua in Conciliis per peritos Conciliarios nostros ac Praelatos Magnates quosdam de discretioribus probioribus hominibus de partibus vicinis ubi ipsa Concilia teneri contigerit propter hoc evocandos In Parliamentis vero per ipsos Conciliarios nostros ac Praelatos Proceres aliosque de Terra praedict prout Mos exigit secundum Justitiam Legem Consuetudinem Rationem tractentur c. But to return James 1359. Earl of Ormond Lord Justice was commonly stiled The Noble Earl because he was of the Royal Blood being great Grand-son to King Edward the first In his time 34 Edw. 3. the King ordered Proclamation to be made in Ireland That no Meer Irishman should be Mayor Bayliff or Officer of any Town within the English Dominion i.e. the Pale nor be advanced to any Ecclesiasâ—â—cal Benefice or Promotion 35 Edw. 3. but the next Year the King by his Writ explains the former Proclamation Pryn 296. and orders that it shall not extend to any Irish Clerks who have done him Service or are Loyal to him But it seems that the Lord Justice was sent for into England and until his Return Maurice Fitz-Girald March 30. Earl of Kildare was constituted Lord Justice 1360. by Patent under the Great Seal of Ireland he was to have the usual Sallary of five hundred pound per annum maintaining thereout Ninteen Horsemen besides himself but he did not continue long in this Station before James Earl of Ormond March 15. Lord Justice return'd and the King intending to send his Son to Ireland 1357. with a good Force summoned the Duchess of Norfolk and all other Noble and Gentle Men and Women that held Lands in Ireland to appear in Person or by Proxy 4 Instit. Pryn 296. before him and his Council to advise concerning the Defence of Ireland and to repair to that Kingdom in Person with all the Forces they could raise by a certain Day or to send their sufficient Deputies to assist the Kings Son in Defence of the Country And the same Day issued a Writ or Proclamation prohibiting the transporting of any Corn or Victuals out of Ireland on pain of Forfeiture and another Proclamation or Writ to seize all the Lands or Tenements purchased
England There was also another Petition for a free intercourse of Trade between Ireland and Portugal Ibid. whereunto the King gave a Gracious Answer And it seems that the State of England was intent upon the Recovery and Improvement of Ireland for Sir Nicholas Dagworth was sent thither to survey the Possessions of the Crown Davis 201 and to call the Officers of the Irish Revenue to account and the more to humour the Irish who thiink themselves disgraced when ignoble Men are put in the highest Authority over them Edmond Mortimer Earl of March and Vlster Jan. 24. 1380. was sent over Lord Lieutenant Sometime before he came viz. in Jun. 1380. the French and Spanish Gallies which did much Mischief on the Coasts of Ireland were by the English Fleet forced to retire into the Harbour of Kinsale where they were assailed and vanquished by the English and Irish so that their Chief Captains were taken Paâ—ata Hiberniae 360. and four hundred of the Enemies slain there were also taken four of their Barges and one Ballenget and one and twenty English Prizes were recovered I cannot find but that Ireland was pretty quiet during the Government of this Lord Lieutenant which did not continue very long for he died at St. Dominicks Abby near Cork on the 26th of December 1381. and the next day John Cotton then Dean of St. Patricks Ware de Praesulibus 28. and Lord Chancellor afterwards Achbishop of Armagh was chosen and sworn Sord Justice 1381 in the Convent of Preaching Friars at Cork Pryn 309. but it seems he did not long exercise that Office for in Mr. Prins Animadversions on the 4th Institut we find a Writ Dated the 29th Day of March anno 1382. viz. 5 R. 2. Directed to Roger Mortimer Earl of March Lord Lieutenant of Ireland whereby he is directed to call a Parliament there for the good Government of that Country and the support of the Kings great Charge and Expence but it is probable that this young Lord could not manage that unruly Kingdom and therefore Philip de Courtny the Kings Cousin was sent over Lord Lieutenant 1383. he had a great Estate in Ireland and therefore was the fitter for that Government He came over on good terms for he had a Patent to hold that Office for ten years nevertheless he behaved himself so ill Lib. M. Lamb. that he was not only superseded but also was arrested whilst he was Lord Lieutenant and afterwards grievously punished for the wrongs and oppressions he had done in Ireland Davis 201. In his time hapned a great Mortality called the Fourth Pestilence and upon the removal of him the Government of Ireland was given to the great Favourite of that Age Robert de Vere Earl of Oxford afterwards Marquess of Dublin Decemb. 1384. and Duke of Ireland Lord Lieutenant The English Parliament to get rid of him gave him a Debt of thirty thousand Marks due from the French King upon condition that after Easter he should pass into Ireland to recover the Lands the King had given him there he had five hundred Men at Arms at twelve pence per diem and a thousand Archers at six pence apiece a day appointed him for two years super conquestum illius Terrae He was trusted with the whole Dominion of the Realm during his Life without paying any thing therefore or making any Account for it He had Power to pass all Writs under his own Test and to place and displace all Officers how great soever even the Chancellor Treasurer Admiral c. and to name his own Deputy and all other Ministers And it seems that he had afterwards a larger Patent 4th Instit 357 9 Rich. 2. whereby the King granted him Totam Terram Dominium Hiberniae Insulas eidem Terrae adjacentes ac omnia Castra Comitatus Burgos Villas Portus Maris c. una cum Homagiis Obedientiis Vassallis Servitiis Recognitionibus Praelatorum Comitum Baronum c. cum Regaliis Regalitatibus Libertatibus c. omnibus aliis qnae ad Regaliam Nostram pertinent cum Mero Mixto Imperio adeo plene integre perfecte sicut Nos ea tenuimus habuimus tenuerunt habuerunt Progenitorum nostrorum aliqui ullis unquam temporibus retroactis Tenendum per Homagium Ligeum tantum c. But that which is most strange is That those illegal Letters Patents should be authorized by Parliament Assensâ— Praelatorum Ducum aliorum Procerum Communitatis nostri Angliae in Parliamento but nullum violentum est perpetuum novus iste insolitus umbratilis honor cito evanuit But it is time to return to the great Minion the Earl of Oxford who came as far as Wales and the King with him but they could not be perswaded to part and therefore this Lord Lieutenant never went to Ireland but deputed Sir John Stanly 1385. Lord Deputy in whose time the Bridge of Dublin fell and at the Parliament held at Westminster Roger Mortimer Earl of March Son of Philippa Daughter of Lionel Duke of Clarence Third Son of Edward the Third was established and soon after proclaimed Heir Apparent to the Crown and yet he was but Heir Presumptive but this Lord Justice was sent for and Alexander de Balscot April 26. alias Petit 1387. Bishop of Meath who had been Treasurer and Chancellor did execute the Office of Lord Justice until the return of Sir John Stanly 1389. Lord Deputy to the aforesaid Earl of Oxford Lib. D. Lambeth to him O Neal and his Sons made an humble Submission in Writing wherein they renounced the Bonaught of Vlster they also promised Allegiance and gave Oaths and Hostages for the performance thereof And it is to be noted 1390. That almost in every Parliament of this Reign held in England the King did desire Aid from them for the carrying on the War in Ireland But at length the English Parliament did so vigorously prosecute the Lord Lieutenant of Ireland that he was forced to fly beyond Seas and not long after died miserably at Brussels and thereupon James Earl of Ormond July 25. was made Lord Justice and the Archbishop of Dublin was constituted Lord Chancellor 1392. This Lord Justice beat the Mac Moyns at Tascoffin in the County of Kilkenny and slew six hundred of them And now the State of England began to think seriously of the Recovery of Ireland and finding that that Country was poor and almost depopulated by the mighty Concourse of Irish into England whereby the Kings Revenue was decayed and the Power of the Irish Rebels increased it was thought fit to revive the Law against Absentees and to issue a Proclamation requiring all those whose Habitations were in that Kingdom to repair home Also some Recruits of Men and Money were sent to Ireland and the King had by Indenture agreed with Thomas Duke of Glocester to be Lord Lieutenant of
twenty pence or two shillings from every one that passed the Seas On the twenty fifth Day of March the King knighted four Irish Kings 1395. Selden tit hon 842. and some other great Lords whereof Mr Selden out of Froisart gives the following Account Four Kings of several Provinces in Ireland that submitted themselves to Richard II were put under the Care of Henry Castile an English Gentleman who spake Irish well in order to prepare them for Knighthood by the Kings Command he informed them of the English Manners in Diet Apparel and the like He asked them If they were willing to take the Order which the King of England would give them according to the Customs of England France and other Countries They answered They were Knights already and that the Order they had taken was enough for them and that they were made Knights in Ireland when they were seven Years Old and that every King makes his Son Knight and if the Father be dead the next of Kin does it and that the manner is thus The new Knight at his making runs with slender Lances against a Shield set upon a Stake in a Meadow and the more Lances he thus breaks the more Honour continues with his Dignity But Mr. Castile told them They should receive a Knighthood with more State in the Church and afterwards being perswaded and instructed especially by the Earl of Ormond they did receive Knighthood at Christ-Church Dublin after their Vigils performed in the same Church and a Mass heard and some others were knighted with them but the four Kings in Robes agreeable to their State sate that Day with King Richard at the Table And so Davit 202. when the King had supplied the Courts of Justice with able Men particularly with Sir William Hankford Chief Justice who was afterwards Chief Justice of England and done his Endeavor to establish a Civil Plantation in the Mountains of Wicklow he returned to England about Midsummer 1394. as I suppose for on the fourth of July 1394 Roger Mortimer Earl of March was sworn Lord Lieutenant Pryn. 294. And not long after the aforesaid excellent Ordinances of 31 Edw. 3. were ratified revived and exemplified and sent into Ireland to be more duly observed than hitherto they had been But the Scene was changed and the Irish despising the weak Forces the King had left behind him began to lay aside their Mask of Humility and to make Incursions into the Borders of the Pale Nevertheless the English were not daunted their Valour supplyed what was wanting in their Number Cambd. particularly Sir Thomas de Burgh and Walter de Birmingham with their Forces slew six hundred of the Irish and their Captain Mac Con and the Lord Lieutenant and the Earl of Ormond wasted the County of Wicklow and took O Birnes House whereupon the Lord Lieutenant made seven Knights But this Victory was much overballanced by the Loss of forty principal Englishmen slain by the O Tools on Ascension-day and not long after by the Death of the Lord Lieutenant himself who was slain at Kenlis in Ossory by the O Birnes on the twentieth of July 1398. And thereupon Roger Gray was chosen Lord Justice 1398. pro tempore until the King sent over his half Brother Thomas Holland Duke of Surry Lord Lieutenant 1398. who landed at Dublin the seventh of October 1398. but did not long continue in that Office before the King pretending a Resolution to revenge the Death of his Cousin and Heir the Earl of March who was slain by the Irish as aforesaid He left the Government of England in the Hands of his Vnkle the Duke of York And on the first Day of June Richard 1399. King of England landed at Waterford with a good Army which he marched to Dublin through the wast Countries of Murroughs Kinshelaghs Cavenaghs Birns and Tooles but the Army was much distressed for want of Victuals and Carriages in those Deserts so that he performed no memorable Exploit save that he cut and cleared the Paces in the Cavenaghs Country and knighted Henry the Duke of Lancaster's Son afterwards Henry V for his briskness against the Irish On the sixth of June being the Friday after the King's arrival Jenico de Artois his faithful Gascoign slew two hundred Irish at Ford in Kenlis in the County of Kildare And the next Day the Citizens of Dublin made Incursions into Wicklow and killed thirty three Irishmen and took eighty Prisoners And on the twenty sixth of June the King came to Dublin and received the Submission of many Irish Lords But whilst he was consulting how to proceed he received the unwelcome News of the Duke of Lancaster's Progress in England whereupon he imprisoned his and the Duke of Glocester's Sons in the Castle of Trym and though he sent the Earl of Salisbury before him to gather an Army in Wales yet the King followed after so slowly that the Army was disperst before he arrived in England with which Misfortune his Courage fell so that on Michaelmass day he tamely surrendred the Crown and gave a just occasion for this true Remark Baker 152. That never any Man who had used a Kingdom with such Violence gave it over with such Patience He was afterwards deposed by Parliament and several Articles exhibited against him one of which was That he forced divers Religious Persons in England to give Horses Arms and Carts towards the Irish Expedition And another was That he carryed into Ireland the Treasure Reliques and other Jewels of the Crown which were used to be kept in the King's Coffers from all Hazard The King created Edward Plantagenet Earl of Cork in the twentieth Year of his Reign And the same Year gave a Licence under the Privy Seal to William Lord Courcy to buy a Ship to pass and repass to and from England And in this Reign happened this famous Case One Thomas a Clerk in England obtained a Judgment at Westminster against Robert Wickford afterwards Archbishop of Dublin and upon Affidavit That the Defendant lived in Ireland and had Goods and Lands there and the Sheriffs Return That he had no Lands nor Goods in England the Plaintiff had a Writ against the said Archbishop in haec verba IDeo vobis mandamus quod de terris catallis ejusdem Roberti Lib. M. jam Archiepiscopi in Terra nostra Hiberniae fieri facias praedict decem libras illas habeatis coram c. This Archbishop died anno 1390 so that this Writ must issue before that time THE REIGN OF HENRY IV. King of England c. And LORD of IRELAND HENRY Duke of Lancaster eldest Son of the famous John of Gaunt fourth Son of King Edward the Third upon the Resignation of King Richard procured him to be deposed in Parliament and himself to be elected King and the Crown to be entailed on him and the Heirs of his Body His Claim was as Heir to Henry III but finding that
Ireland they proceeded to crown this Impostor at Christ-Church in Dublin with a Crown which they took from the Statue of the Virgin Mary in S. Mary-Abby and this Ceremony was rendred more solemn by a Sermon preached by the Bishop of Meath on the occasion and by the Attendance of the Lord Deputy the Chancellor Treasurer and other the great Officers of State And after he was crowned they carried him in Triumph upon the Shoulders of Great Darcy of Platten But the good Archbishop of Armagh refused to be present at this ridiculous Pageantry for which they gave him all the Trouble they could But it seems they were conscious of their Misdemeanour in this Matter and they knew how to purchase Absolution and therefore they called a Parliament or Assembly in the Name of their new King and the Clergy gave the Pope a Subsidy to absolve them So eager were these People to follow the Fortunes of this Mock-King that Thomas Fitz-Girald resigned the Chancellorship to the Lord of Portlester the better to be at liberty and so together they went for England and landed in Lancashire where Sir Thomas Broughton and his Party joyned them they marched through Yorkshire to Newark and being stopt there they turned aside to Notinghamshire and near the Village of Stoke 1487. on the the eleventh of June after a desperate Fight for three Hours they were totally defeated and all the Commanders and four thousand Soldiers slain and Lambert and his Master Symon were taken Prisoners and the latter was imprisoned and the former made one of the King's Falconers In December James Fitz-Thomas Decemb. 7. Earl of Desmond in the twenty eighth Year of his Age was murdered at Rakele by his Servant Shane Maunta and others who were all taken and executed for it by Maurice his Brother and Successor in that Earldom The Earl of Kildare and the other Ministers of State that were Faulty sent Messengers to the King to implore his Pardon which after some exprobration and reprimand was obtained and he was still continued in his Office of Lord Deputy Ware 14 And the same Year the Inconveniences of Sanctuaries were somewhat lessned by the Pope's Bull for the better Regulation of them It seems strange That hitherto the King did not send any Soldiers into Ireland to suppress the remainder of the Faction of York perhaps he knew That if he took any severe course with them it would utterly destroy the Pale and by weakning the small Colony of English would turn to the Advantage of the Irish and therefore he contented himself with the Submission of those that had been Faulty and sent over Sir Richard Edgcomb to take new Oaths of Allegiance of the Nobility and Gentry and to bind them in Recognizance to performance and thereupon to give them a Pardon He brought with him five hundred Men which was rather a Guard than an Army and he arrived at Kingsale with five Ships on the twenty seventh Day of June he did not intend to come on Shoar there and therefore the Lord Thomas Barry i.e. Barry oge came on Board and there did his Homage for his Barony and took his Oath of Allegiance but the next Day Sir Richard Edgcomb at the Importunity of James Lord Courcy and the Inhabitants of Kingsale did come into the Town and in their Parish Church dedicated to S. Multotius the Lord Courcy did Homage and he and the Townsmen swore Allegiance and entred into Recognizance for the Observation of it whereupon they were pardoned And so after Dinner Edgcomb sailed toward Waterford where he arrived the last Day of June and having applauded the Loyalty of that City and assured them That the King would liberally remunerate their Fidelity he set Sail for Dublin and there he arrived the fifth Day of July and was received by the Mayor and Citizens in most humble and submissive manner at the Gate of the Abby of the Friers Preachers where he was to lodge The Earl of Kildare was then upon some Exploit against the Irish so that he did not come to Dublin until the twelfth of July and then he sent the Bishop of Meath the Lord Slane and others unto Edgcomb to conduct him to S. Thomas-Court where the Lord Deputy lay Thither did Sir Richard come and with a stern Countenance delivered the King's Letters to the Lord Deputy after which they had a Private Conference but many of the Nobility being absent nothing more was done at that time and so they departed the Lord Deputy went to Minooth and Sir Richard Edgcomb returned to the Abby The next Day being Sunday Edgcomb caused to be read in Christ Church after Sermon the Absolution of the former Excommunication which the Pope had lately granted at the King's Request unto all those that should thenceforward continue loyal to his Majesty and after some time and many Expostulations between the Commissioners and the Nobility they did at last agree on the Form of an Oath to be found at large in Sir James Wares Annals p. 17. Wherein this is observable that they swore not to hinder or disturb the excommunication of all such as should oppose the King of what Quality soever they should be And in the Oath of the Clergy it was added that they should publish the Popes Excommunication against all the Kings Rebels or Enemies in Ireland as often as they should be thereunto required Salvo Ordine Episcopali c. And so on the 21st of July the Earl of Kildare being first absolved from the former Excommunication after the usual manner in time of Divine Service did Homage to the Kings Commissioner in the great Chamber in Thomas Court and swore Allegiance and entred into Recognizance for the due Observation of it and then Edgecomb gave him his Pardon and put a Gold-Chain about his Neck which the King had sent him for a Present to signifie his Majesties entire Reconcilation to him The like Oaths and Recognizances were made by Rowland Eustace Baron of Portlester Lord High Treasurer Robert Preston Viscount Gormanstown James Fleming Baron of Slane Nicholas St. Laurence Baron of Houth Christopher Barnewal Baron of Trimletstown John Plunket Baron of Dunsany Walter Archbishop of Dublin John Walton who had resigned that Archbishoprick reserving the Mannor of Swords to live upon during Life John Bishop of Meath Edmond Bishop of Kildare John Purcell Abbot of St. Thomas Abby Walter Champflour Abbot of St. Maryes and James Cogan Prior of Holm-Patrick and then Sir Richard Edgecomb entertain'd them all at a splendid Banquet at his Lodgings and the next day the Mayor and Citizens of Dublin took their Oaths at the Tolsel and remitted a Copy of the Oath under the City-Seal to the King to certifie His Majesty that they had taken it And so on the 23d day of July Edgecomb went to Drogheda and thence to Trim and both those Towns as also the Prior of St. Peters near Trim and the Abbots of Navan and Beclif did in like manner
York Second Son of Edward the Fourth to whom the Crown did really belong if he were living and this Perkin did personate him so well that there remains some doubt to this day whether he were an Impostor or not but supposing he was it was cunningly contrived to let him first appear in Portugal as a Child that had in a skulking manner fled from the Cruelty of his usurping Unkle besides Portugal was a Place with which the Duchess of Burgundy had not much Correspondence and therefore it could not be suspected that she had a hand in the Cheat but however that be young Perkin set Sail from Lisbon and arrived safely at Cork where he was kindly received by the Citizens and particularly by John Walters an eminent Merchant of Cork who probably was then Mayor and whose Apprentice Perkin had been as they say he wrote Letters to the Earls of Kildare and Desmond for their Assistance against King Henry but before he received their Answers he received Letters from the French King inviting him thither and so to France he went and was royally received and entertained until that King made Peace with King Henry and then Perkin made a seasonable Retreat into Flanders where he was exceeding welcome to his supposed Aunt the Duchess of Burgundy and there we will leave him for a while and return to our â—ord Deputy He held a Parliament at Dublin 1493. on Friday after Midsummer which it seems vacated some Indictments and Inquisitions that had formerly been made to the prejudice of this Lord Deputy by the Means of the Lord Portlester and now the Tables being turn'd and the Votaries of the House of Lancaster at Helm the Lord Portlester himself was questioned in the Exchequer for the miss-management of his Office of Treasurer This Parliament did also repeal a former Act made against the City of Waterford and restored that City to all its ancient Liberties and Priviledges and it is probable that there was also an Act of Parliament now made for the general Resumption of all the Crown Lands that were alienated or granted away since the first year of King Henry the Sixth but none of the Acts of this Parliament are Printed except one for the cleansing of the Water-Course in St. Patrick-street in Dublin and so this Parliament being dissolved in August the Lord Deputy on the sixth of September following resigned to Robert Preston Viscount Gormanstown Lord Deputy to the Duke of Bedford who it seems had not Commission to call a Parliament nevertheless he did call one which met at Drogheda and made several Statutes which were absolutely void for the Defect aforesaid however they were expresly repeal'd by 10 Hen. 7. cap. 23. And these farther Reasons were given for it 1. That the Lord Lieutenant had surrendred his Patent before the Summons And 2. Because the Parliamentary Summons did not issue to all the Shires but to four Shires only On the Twelfth of September this Lord Deputy called several of the Nobility to Trim where they subscribed Articles for the Peace of the Kingdom viz. That no man should make War without the Deputies Consent and that several Extortions and Tributes that were used and demanded should be abrogated and suppressed and that Murderers Thieves and Vagabonds should be punished c. There were present at this Assembly Alexander Plunket L. Chancellor Girald Earl of Kildare the Bishops of Meath Kildare the Lords of Slane Delvin Killeen Houth Trimletston and Dunsany c. And they gave Recognizanse and Hostages for the observation of those Articles and after this he called the Parliament aforesaid In October the late Lord Deputy Fitz-Symons went into England to give the King a full Account as well of his own Government as of the present State of the Kingdom of Ireland and not long after viz. in November following the Earl of Kildare hearing he was impeach'd in England went also thither to justifie himself before the King but the L. Deputy leaving the Government in the Hands of his Son followed the Earl to England and by the Assistance of Sir James Ormond Lord Treasurer of Ireland he so far prevailed that Kildare's Justification was rejected and himself sent over Prisoner to Ireland to the end the Matter might be more fully examined upon the place 1494. by Sir Edward Poynings Knight of the Garter Lord Deputy whose chief Errand was to suppress the Abettors of Perkin Warbeck he came over the thirteenth of September and immediately made great Alterations amongst the Ministers of State Henry Dean Bishop of Bangor he constituted Lord Chancellor Sir Hugh Conway was appointed Treasurer Thomas Bouring was made Chief Justice of the Kings Bench as John Topcliff was of the Common Pleas and Walter Ever was made Chief Baron of the Exchequer all which were Englishmen born and good Lawyers and were sworn of the Privy Council of Ireland This Deputy brought over with him about one thousand Souldiers and resolved to invade Vlster to pursue some of Perkins's Friends that fled thither it is strange he should use the Earl of Kildare's assistance in this Expedition however together they went accompanied with Sir James Ormond who had resigned the Office of High Treasurer they did great Execution on the Irish and harass'd the Territories of O Hanlon and Mac Genis and others It was suggested That Kildare did secretly treat and conspire with O Hanlon to destroy the Lord Deputy for which he was Attainted as shall be shewn hereafter but it seems he was innocent of that Matter not only because O Hanlon cleared him upon Oath two years after but also because he was acquitted in England upon full hearing before the King Nevertheless Kildare's Brother did at this time seize on the Castle of Caterlogh whereupon the Lord Deputy was necessitated to clap up a sort of a Peace with O Hanlon and Macgenis and so having taken their Oaths and Hostages he immediately marched to Caterlogh which after ten days Siege 1494. was surrendred unto him And so in November on Monday before the Feast of St. Andrew sate that famous Parliament at Drogheda which Enacted I. That the Treasurer might appoint his under-Officers here as is used in England and shall account once a year here before the Barons of the Exchequer and such of the Council as the Lord Deputy shall appoint and the same Accounts to be certified into England and finally determined and setled there II. That no Minister of Justice viz. The Chancellor Treasurer Judges Clerk or Master of the Rolls nor any Officer Accomptant shall have their Places but during the King's Pleasure III. An Act adnulling a Prescription which Traytors and Rebels claimed in Ireland The Reason of this Act was because Richard Duke of York at his last being in Ireland did Cause an Act to be made That Ireland should be a Sanctuary for Refugees and that it should be Treason to disturb any body there by any Writ Privy Seal or other Matter from England and
did all he could to evade or at least procrastinate that Voyage which was to be fatal to him and his Family he sent his Wife to use the Interest of her Friends in England and to alledg several vain Pretences and particularly That the ill Posture of Affairs in Ireland could not permit his Absence But all these Contrivances proving ineffectual at last he seriously prepared to begin the Voyage But before he went he furnished all his Castles especially Minooth and Ley with Guns and Ammunition out of the King's Store although he had the King 's express Command to the contrary imparted to him by the Master of the Rolls Allen in the presence of the Bishop of Meath and others and the Act of Attainder also mentions That he furnished the Wild Irishmen being the King 's Mortal Enemies with Arms and Ammunition out of his Majesty's Stores which is not improbable because of his Allyance with O Connor and O Carol. It is certain That Quos Deus vult perdere dementat and the brave Earl of Kildare is a plain Example of it for being ordered by the King to leave a Deputy for whose Fidelity he would answer he substitutes his own Son Thomas Fitz-Girald 1534. a forward rash Youth scarce one and twenty Years old who nevertheless had Qualities worthy of his House and perhaps would in time have exceeded all his Ancestors if by laying this too great Burthen on his weak Shoulders so early they had not broken his Back in the beginning It seems the Earl had some Jealousies of what afterwards hapned and therefore to qualifie his Son 's youthful Passions in some measure before he delivered him the Sword he spoke to him as followeth before the Council at Drogheda where he presently after imbarqued and set sail for England Son Thomas Holingsh 88. I doubt not but you know That my Sovereign Lord the King hath sent for me into England and what shall betide me God knoweth for I know not but howsoever it falleth both you and I know That I am well stept in Years And as I may shortly dye for that I am Mortal so I must in haste decease because I am old Wherefore insomuch as my Winter is well near ended and the Spring of your Age now buddeth my Will is That you behave your self so wisely in these your Green Years as that to the Comfort of your Friends you may enjoy the Pleasures of Summer glean and reap the Fruits of your Harvest that with Honour you may grow to the catching of that hoary Winter on which you see me your Father fast pricking And whereas it pleaseth the King his Majesty That upon my Departure here hence I should substitute in my room such a one for whose Government I would answer Albeit I know that your Years are tender your Wit not setled your Judgment not fully rectified and therefore I might be with good cause reclaimed from putting a naked Sword in a young Mans Hand Yet notwithstanding forsomuch as I am your Father and you my Son I am well assured to bear that Stroke with you in steering your Ship as that upon any Information I may command you as your Father and correct you as my Son for the wrong handling of your Helm There be here that sit at this Board far more sufficient Personages for so great Charge than you are But what then If I should cast this Burthen on their Shoulders it might be That hereafter they would be so far with Envy carried as they would percase hazzard the loss of one of their own Eyes to be assured that I should be deprived of both mine But forsomuch as the case toucheth your Skin as near as mine because as I said before I rest in the Winter and you in the Spring of your Years and now I am resolved Day by Day to learn rather How to die in the Fear of God than to live in the Pomp of the World I think you will not be so brain-sick as to stab your self through the Body only to scarifie my Skin with the Point of your Blade wherefore my Son consider That it is easie to raze and hard to build and in all your Affairs be ruled by this Board that for Wisdom is able and for entire Affection it beareth to your House will be found willing to lesson you with Sound and Sage Advice for albeit in authority you rule them yet in Council they must rule you My Son you know that my late Maims stifle my talk otherwise I would have grated longer on this Matter for a good Tale may be twice told and a sound Advice eftsoons iterated taketh the deeper Impression in the attentive Hearer's Mind But although my fatherly Affection requireth my Discourse to be longer yet I trust your good Inclination asketh it to be shorter And upon that Assurance here in the presence of this Honourable Assembly I deliver you this Sword Thus he spake for his last Fare-well with trickling Tears and having ended he rose up imbraced the Council committed them to God and immediately after imbarked leaving Thomas Fitz-Girald Lord Deputy 1534. to whom both the Allens were bitter Enemies One of them being Master of the Rolls told the Lord Deputy at a Banquet where they were discoursing of Heraldry That his Lordships House gave a Marmoset whose Property it was to eat her Tail To whom the Deputy replyed That he had been fed by his Tail and should take care that his Tail did not eat him Another time the Council waited three or four Hours for the Lord Deputy's coming whereat the Archbishop being dissatisfied he asked the Lords Whether it were not a pretty Matter that all they should stay so long for a Boy Which Words the Lord Deputy over-heard being just coming up Stairs and as soon as he entred he told their Lordships He was sorry they should stay so long for a Boy whereat the Archbishop was somewhat out of countenance The Enemies of the Giraldines had spread abroad a Report that the Earl of Kildare was Beheaded in the Tower and that the same Fate was designed for the Lord Deputy and all his Unkles and Letters were purposely spread abroad to that effect one of which by a strange Accident came to the hands of James de la Hide Principal Counsellor to the Lord Deputy by whose perswasion the Lord Deputy consederated with O Neal O Connor and others and on the eleventh day of June rode through the City of Dublin to Damsgate accompanied with seven score Horsemen in their Shirts of Mayl and there crossed the River and went to S. Mary Abby where the Council according to Appointment waited his coming and whilst he was sitting in Council some of his Followers rudely rush'd into the Council-Chamber Armed as they were and fell to talking aloud until at length Silence being commanded the Lord Deputy spake as followeth Howsoever injuriously we be handled Holingshead 90. and forced to defend our selves in Arms when neither
they procur'd as good a Bed-fellow for the Ambassador though she was of meaner Quality this Liquorish Harlot unfortunately met with a small Bottle of choice Balm valued at two thousand Crowns which was given to the Bishop by Solyman the Magnificent when he was Ambassador in Turky she was invited by its Odour to try its Relish and it seems liked it so well that she licked it all out whereat the Bishop grew so outragious and loud that he discovered his Debauchery frightned the Woman away and made sport for the Irishmen and his own Servants After this the Bishop met with O Neal and the Titular Primate Robert Wachop in a secret place and heard the Overâ—ures of them and their Confederates and it is not to be doubted but they came to an Agreement because the Bishop soon after went to Rome but being unable to separate the Pope from the Interests of the Emperor this Negotiation had no effect In the mean time two of the Cavenaghs viz. Cahir Mac Art of Polmonty and Girald Mac Cahir of Garochil had fierce Contests about their Territory at length it came to a Battel as it were by consent and about an hundred on each side were slain but Cahir Mac Art had the better of it and finally obtain'd that Signiory But the Exchequer being empty the Lord Deputy designed to levy a Tax upon the People but the Earl of Ormond would by no means suffer that 〈…〉 whereupon the difference grew so high between him and the Lord Deputy that at last it came to mutual Impeachments whereupon both of them were sent for to England and by the King's Mediation were reconciled whilst the ambodexter Allen was imprison'd in the Fleet and deprived of the Great Seal and Sir Thomas Cusack was made Lord Keeper and not long after viz. about the twenty eighth day of October the Earl of Ormond and thirty five of his Servants were poyson'd at a Feast at ely-Ely-House in Holborn so that he and sixteen of them died but whether this hapned by Accident or Mistake or were done designedly could not be discovered Sir William Brabazon was sworn Lord Justice on the first of April 1546. although his Patent bore Date the sixteenth of February Ware 174. In his time hapned a strange and unnatural Action for Bryan Lord of Upper Ossory sent his own Son Teige Prisoner to Dublin where he was executed and in July Patrick O More and Bryan O Connor with joint Forces invaded the County of Kildare and burnt Athy but the Lord Justice immediately pursued them and leaving a Garrison at Athy he marched into Offaly and made a Fort at Dingen now Philipstown and forced O Connor to fly into Connaught But the Necessities of the State obliged the King to Coyn Brass or mixt Moneys and to make it currant in Ireland by Proclamation to the great dissatisfaction of all the People especially the Soldiers and about the same time Edward Basnet Dean of St. Patrick's in Dublin and the Chapter after some Reluctancy surrendred their Possessions to the King Three Things are observable in the Letters during this King's Reign 1. None of them do mention either the Year of our Lord or the Year of the King's Reign though all of them do take notice of the Day of the Month whereby this Part of the History was so perplex'd and confus'd that I will not promise that I have always guess'd the time aright though I have used my utmost diligence and endeavours to do so 2. All the Letters of this Reign conclude thus So knoweth God to whom we pray for your Graccs Prosperity or to that effect but these Words So knoweth God are always in although in the subsequent Words there is some Variation according to the Fancy of the Writer 3. Most of the Letters from the great Irish Lords even some of English Extraction are subscribed with a Mark very few of thembeing able to write their Names Sir Anthony Saintleger Lord Deputy returned on the sixteenth day of December with Sir Richard Read who was made Lord Chancellor in the room of Cusack and Cusack was made Master of the Rolls And thus stood the Government of Ireland during the Reign of King Henry the Eighth who Died on the twenty eighth day of January in the thirty eighth Year of his Reign and of his Age the fifty sixth THE REIGN OF EDWARD VI. KING OF England France AND IRELAND EDWARD 1546. the Sixth of that Name since the Norman Conquest was born at Hampton Court on the twelfth Day of October 1537. and succeeded his Father in the tenth Year of his Age on the twenty eighth Day of January 1546. and on the first of February Edward Seymour who was the King's Unkle by the Mother was made Protector of the King and Kingdoms and was afterwards created Duke of Somerset and on the twentieth Day of February the King was crowned at Westminster with great Solemnity Sir Anthony Saintleger continued in the Government of Ireland Ware 177. at first by the name of Lord Justice and afterwards by the Title of Lord Deputy and he proclaimed the new King on the twenty sixth Day of February 1547. and not long after Sir Richard Read was made first Lord Keeper and afterwards Lord Chancellor and the Earl of Desmond was constituted Lord Treasurer of Ireland on the twenty ninth Day of March and on the seventh Day of April the Privy Council was sworn viz. Sir Richard Read Chancellor George Archbishop of Dublin Edward Bishop of Meath Sir William Brabazon Vice-Treasurer Sir Girald Ailmer Lord Chief Justice of the King's Bench Sir Thomas Luttrel Lord Chief Justice of the Common Pleas James Bath Esq Lord chief Baron of the Exchequer Sir Thomas Cusack Master of the Rolls and Thomas Houth Esq one of the Judges of the King's Bench to whom afterwards others were added But the O Birnes took advantage of the Change of the Government and hoping that the Infancy of the King would occasion Disturbances in the State they began to be very unruly and troublesome insomuch that the Lord Deputy was necessitated to invade their Country he pursued them so close that he slew their Captain and drove themselves into the Woods and Fastnesses He also took two of the Fitz-Giralds who had formerly been Proscribed and now joyned with O Toole and he brought them and other Prisoners to Dublin where they were executed Nor were Patrick O More and Brian O Connor less forward than the rest but briskly invaded the County of Kildare and loaded themselves with Prey and Plunder but the Lord Deputy came seasonably to intercept them and having killed two hundred of the Rebels upon the Place the rest of them with their light-footed Captains fairly ran away But the Government of England wisely considering the fickle Inclinations of the Irish and the danger of a general Defection of that Nation from a Protestant King seasonably provided for that Kingdom so that Edward Bellingham with the
Title of Captain General brought over six hundred Horse and four hundred Foot whose Pay came to twelve hundred and twenty six Pound per Month viz seven hundred and seventy Pound for the Horse and four hundred fifty six Pound for the Foot and about Midsummer they landed at Waterford and being joyned by the Lord Deputy they invaded the Countries of Leix and Offaly and proclaimed O More and O Connor Traytors and having dispersed the Forces of the Rebels the Lord Deputy repaired the Fort of Dingen and built the Fort of Campaum alias Prolector now called Maryburgh whereupon O More and O connor were forced to submit and Bellingham was knighted and made Marshal of Ireland The Castle of Athloan was likewise repaired and garrisoned by Special Orders from England and the Vice-Treasurer Brabazon had the Care and management thereof and performed it effectually in spight of the great Opposition he met with from Dominick O Kelly and other Great Men of Connaught And this auspicious Year did also produce the mighty Victory which the English obtained over the Scots at Mussleburgh But as the Reformation proceeded in England 1538. so the Popish Zeal and Superstition increased in Ireland Ware 180. and the Pale it self began to be disturbed with it for Richard Fitz-Eustace and Alexander his Brother Sons of the Viscount Baltinglass were busie forming a Rebellion in the County of Kildare but the Presence of the Lord Deputy without Blows brought them to a Submissiom and stifled this Infant Conspiracy in the Cradle and it was well it did for this rebellious Distemper was very infectious and in a little time would have spread over the whole Kingdom the Lord of Baltinglass himself was a little tainted with it but by the means of Sir Edward Bellingham when Lord Deputy the Viscount was pardoned In the mean time the Lord Deputy Saintleger was sent for to England and carried with him O More and O Connor as Prisoners but upon their Submission they were received into Favour and honoured with a Pension of one hundred Pound per annum out of the Exchequer during their Lives which O More enjoyed not very long for he died within the Year suddainly at London Sir Edward Bellingham who had been sent into England with an Account of the Submission of the County of Kildare was now sent back Lord Deputy he landed at Dalkye on Whitson-Eve and two Days after he received the Sword at Christ-Church according to Custom He was a Zealous Protestant and a brave Soldier and by his means Sir John Allen was again made Lord Chancellor As soon as he was setled Davis 62. he marched into Leix and Offaly against Cahir O Connor and others that were brewing new Treasons there and forced them to submit and brought the Country to that degree of Subjection that he is said to be the first Man since Edward the third's time that enlarged the English Borders beyond the Pale and from Offaly the Lord Deputy marched to Delvin against Mac Coughlan whose Country he totally destroyed The Lord Deputy had express Orders to set up a Mint at Dublin which he did but it continued but a very little time for want of Bullion And this Year on the twenty second Day of April the City of Dublin which at first was governed by a Provost and by King Henry the Third subjected to a Mayor and Bayliffs and by Henry the Fourth was honoured with a Sword obtained their Bayliffs to be changed into Sheriffs and John Rians and Robert Eyons were the first two Sheriffs that were chosen or appointed for that City In the mean time Sir Francis Bryan who had married the Countess Dowager of Ormond and was made Marshal of Ireland and Governour of the Counties of Typerary and Kilkenny could by no means agree with the Lord Deputy their Differences grew at length to that height that Sir Francis impeached the Lord Deputy in England and prevailed to have him sent for to answer the Accusation But whilst that affair was transacting Ware 182. Teige O Carol plyed his own Business diligently and after a stout Defence he took and demolished the strong Castle of Nenagh and drove the English out of that Country In Vlster Manus O Donel quarrelled with his Son Calvagh and at length it came to Blows so that on the seventh Day of February Calvagh was routed and Manus Mac Donough O Cahan and many of his Followers were slain In the Lower Delvin Teige Mac Mlaghlin and Edmond Fahy with their united Forces did all the Mischief they could and almost totally destroyed that part of Mac Coughlans Country Nevertheless the Lord Deputy sent an Irish Brigade under the command of Donough O Conner accompanied with the Sons of Cahir O Connor to aid the King in his War against Scotland On the eighteenth of November Cormock Roe O Connor who was proclaimed Traytor came to Dublin and with Tears in his Eyes begged Pardon of the Lord Deputy and Council in Christ-Church and had it But being of a turbulent Spirit he soon after relapsed into Rebellion and being taken by the Earl of Clanrickard he was sent to Dublin and hanged so true is that Observation of Caesar Williamsons Nec gentem ullam reperies Cui peccare slere magis naturale est It is worthy Observation Holingsh 109. That though the Earl of Desmond for his Quality and vast Estate was made Lord High Treasurer yet he was not of the Privy Council nor indeed qualified to be so for he was Rude and Savage both in Apparel and Behaviour he had neither Learning nor Manners but lived after a barbarous fashion in the Country among the Wild-Irish and perhaps had not so much as a Glass-Window to his Houses and yet he was the best landed Subject in the King's Dominions About Christmas the Deputy sent for him to Dublin but he refusing the Lord Deputy himself with about twenty Horse made that haste to Munster that he took the Earl sitting by the Fire in his own House not at all suspecting that Expedition And it was well for him that he was so surprized for he was not only brought to Dublin and instructed in his Duty to his Prince and in good Manners and Civility towards his Fellow-Subjects but was also by the Lord Deputy's means pardoned and restored to the King's Favour so that he continued a good Subject ever afterwards during his Life and was so grateful to his Benefactor the Lord Deputy that he would pray for him constantly after every Meal And now it happened that the Earl of Tyrone Macguire Fylemy Roe O Neal 1549. and others referr'd all their Differences to the Lord Deputy and Council who on the twentieth day of June made their Decree wisely ordering Independency on O Neal. Therere are Copies of all these Decrees at Lambeth Lib. D. And they are to the same effect as that of Macguire's viz. Quod erit liber Ware 184. exemptus ab omni subjectione
November 1558. And it is observable That though she was a very zealous Papist yet the Irish were not quieter during her Reign than they were under her Brother but on the contrary their Antipathy against Englishmen and Government induced them to be as troublesome then as at other times and prevailed with Mr. Sullevan to give this severe Character of her Reign Sullevan cath hist. 81. That although the Queen was zealous to propagate the Catholick Religion yet her Ministers did not forbear to injure and abuse the Irish Quae tametsi catholicam Religionem tueri amplificare conata est ejus tamen Praefecti Conciliarii injurias Ibernis inferre non destiterunt THE REIGN OF ELIZABETH QUEEN OF England France AND IRELAND ELIZABETH 1558. the only surviving Child of Henry the Eighth succeeded her deceased Sister Queen Mary on the seventeenth day of November 1558. and in the five and twentieth year of her Age the Parliament who were all Papists then sitting she was by their common consent immediately Proclaimed Queen And though Mary and Elizabeth could not be both legitimate no more than their Father could have two Wives at once for if the first Marriage and Dispensation were not good then was Queen Mary spurious and if they were valid then was Elizabeth the Issue of an adulterous Bed yet by a rare Example of Fortune they both enjoyed Successively the Dominions of their Father and Elizabeth succeeded as Heir to Mary But nothing in History is more strange than that the Papists who had the whole Power in their hands should so peaceably accept of a Queen who according to their Doctrine and by Act of Parliament primo Mariae was a Bastard and by Report was a Protestant and not so much as make one Essay in behalf of the Queen of Scots who was a Catholick Princess and in their Opinions the right Heir But the true Reason was because they believed Elizabeth would declare her self a Catholick and also marry the King of Spain both which Matters she managed so wisely that even the King of Spain himself was deceived thereby iâ— perhaps his Dread and Hatred of the Scots the ancient Allies of France did not prevail with him to favour Elizabeth even though she should prove a Protestant rather than see the English Crown placed on the Queen of Scotland who had espoused the Interests of France and was inseparably linked to them Nevertheless it must be confessed That the Statesmen of that time whose Interests and Designs were Popish were much overseen and did not build their Conjectures upon Reasons that were any thing solid for it was Elizabeth's greatest Interest to regard her own Legitimacy and it was notorious that by marrying King Philip her Sister's Husband she must justifie by her own example the Marriage of Henry the Eighth with his Brothers Wife and by submitting to the Authority of the Pope she must at least tacitly allow his Dispensation for the Marriage of Henry the Eighth and Princess Katherine both which things would by consequence bastardize her and render her Reign and Life precarious The Papists quickly perceived their Oversight and to redeem that Error fell into a worse and refused to Crown their Sovereign whom they had but a little before unanimously Proclaimed but at length it was performed by Doctor Oglethorp Bishop of Carlisle on Sunday the twenty fifth of January 1558. Thomas Earl of Sussex was Lord Deputy of Ireland and with an Army of one thousand three hundred and sixty Foot and three hundred and twenty Horse had kept that Kingdom for some time in a more peaceable and quiet condition than usually him the Queen continued for a while and sent him Instructions written by Sir William Cecil's own hand viz. That a new Survey should be made of all Lands Spiritual and Temporal and no Leases to be made but on the best Survey Secondly Lib. C. The Leases for Customs of Ports not to be renewed without increase of Rent Thirdly Leix Offaly Irys Glanmaliry and Slewmarge to be distributed according to Act of Parliament to Tenants and their Heirs Males Fourthly The Exchequer to be regulated according to that of England and a Book about the Methods of the Exchequer Signed by the Queen and subscribed by the Officers of that Court was sent to the Deputy but not long after he was recalled and thereupon the Council elected Sir Henry Sydny Lord Deputy whose Government was something troublesom by means of Shane O Neal who took upon him the Name of O Neal and disclaimed the English Jurisdiction because by the Laws of England he could not inherit for Henry the Eighth had given the Earldom of Tyrone to Con O Neal with Remainder to his Son Matthew whom for the present he made Baron of Dungannon as hath been already related This Con had two Sons Matthew and Shane but Shane alledging that Matthew was a Bastard and the Son of a Smith of Dundalk as inded he had been reputed for fifteen years did claim the Inheritance and having murthered his Brother Matthew and imprisoned his own Father who thereupon died with grief he set up for himself and broke out into Rebellion The Lord Deputy marched to Dundalk to fortifie and defend the English Pale and sent for Shane O Neal who lay at a House of his six Mile from Dundalk to come to him thither but Shane desired to be excused and prayed that the Lord Deputy would be pleas'd to be his Gossip and that then he would come and do all that should be requisite for her Majesties Service and though this seem'd dishonourable that the Deputy should be Gossip to a Rebel before Submission yet the necessity of the Queens Affairs required it and therefore he consented and on the last day of January he and James Wingfield Christned the Child After the Solemnity was over the Deputy expostulated with Shane about his Rebellion O Neal alledged the Bastardy of Matthew and that Con's Surrender was void because he had but an Estate for Life in his Principality nor could have more by the Law of Tanistry nor could surrender but by consent of the Lords of his Country and that even by the English Laws the Letters Patens were void because there was no Inquisition taken before they were pass'd nor could there be any Inquisition till Tyrone were made Shire-ground That he was elected O Neal by the Country according to custom and that he is the legitimate Son and Heir of his Father and that his Title to all he claims is by Prescription The Deputy replied That the Matter was of great moment and that he doubted not but that the Queen would do what was right and just and therefore advised him to a quiet and loyal Deportment till her Majesties Pleasure were known and so they parted in a friendly manner and by this means Shane O Neal continued pretty quiet during this Deputy's Government but on the twenty seventh of August Thomas Earl of Sussex 1559.
Barony of Idrone from the Cavenghs by the Judgment and Decree of the Lord Deputy and Council The Lord Deputy summoned a Parliament which accordingly met at Dublin on the seventeenth day of January 1568. 1568. The Deputy appeared in Robes of Crimson Velvet lined with Ermin and after an Eloquent Speech from the Lord Chancellor Weston in commendation of the Law and her Majesties Government the Commons departed to their House and chose Stainhurst Recorder of Dublin for their Speaker who being approved by the Deputy on the twentieth of January made his Request as is usual First For Priviledge of Parliament that the Members might come and go without Molestation Secondly for Freedom of Speech Thirdly That the Punishment of any Offender should be lest to the House all which were granted and the Houses adjourned to the next Day But the Popish Party were dissatisfied that Sir Christopher Barnwel was not chosen Speaker and therefore began to Mutiny alledging First That several Members were returned from Towns not Incorporated Secondly That certain Sheriffs and Mayors had returned themselves Thirdly That several Members were returned that were so far from being resident according to Law that they did not know the Corporations that chose them And after four days debate and many high Words the matter was referred to the Judges and they approved of the two first Objections but as to the third they said that the return of Non-residents might be Penal to the Sheriffs but did not incapacitate the Member that was returned to sit in the House But the Judges Answer being reported to the House by the Speaker did not at all please the Papists and therefore Sir Lucas Dillon who was Attorney General was sent for to the House to testifie that it was the Judges Opinion and his also that the Non-resident Members might sit in the House Hooker 120. but neither did this satisfie them On the contrary when the Speaker ordered a Bill to be read the Mutineers opposed it in a very dissorderly manner and so it rested till the two Chief-Justices the Queens Serjeant at Law Attorney-General and Solicitor came to the House the next day and affirmed their Opinions and Resolutions as already mentioned Nevertheless the Male contents who were loth to part with their Irish Captainries and exactions continued their endeavours to obstruct the Proceedings of this Parliament and opposed almost every Bill that was read especially that of repealing Poyning's Act pro hac vice and the Bill for an Impost upon Wines but this had been tolerable if their Behaviour had not been unruly and unbecoming the dignity of that great Assembly Hereupon my Author John Hooker Burgess of Athenry stood up Hooker 121. and spoke to the Bill for the impost on Wine and took an occasion to mention the great Charge the Queen was at for the Defence of the Kingdom and the Protection of the Subject and then reflected on the Rebellions and Ingratitudes of the Irish because the former occasioned that vast Expence and the latter hindred that Contribution which ought to supply it he affirmed the Queen might by her Prerogative have imposed Tonnage on Wine but it would be more pleasing to her to receive it by their Consents expressed in an Act of Parliament and concluded with a comparison of the Mutinies of the Irish against the Lord Deputy to that of the seditious Israelites against Moses The discontented Members were hereupon enraged against Hooker and behaved themselves so tumultuously that some of the Protestants found it necessary to guard him Home to Sir Peters Carews House to prevent the violence they suspected or rather perceived to be designed against him and the next day Sir Christopher Barnwell stood up in the House to speak to a Bill but he pretermitted all that was pertinent and instead of that spent his discourse in Reflections upon Hooker affirming that if Hooker's Calumnies had been uttered any where but in that House they would all have died rather than have suffered them but he was at length interrupted by the Speaker and told That if he had any cause of Complaint he should bring in his Impeachment regularly and in writing but it seems he did not think sit to do so and these Heats cooling by degrees the Parliament at length proceeded with good Success and made these following Acts. I. That in lieu of Coin and Livery and for the Queens Assistance she shall have a Subsidy of thirteen Shillings and Four-pence per Plow-land for ten Years for every Plow-land occupied or manured Cross and Clergy-Land included and a Commission to issue to ascertain Plow-lands and Dublin Cork Kingsale and all priviledged Places to be free from Subsidy for the Corporation Lands and certain Gentlemen for their Demean Lands and Coin and Livery Cartings and Carriage to be suppressed II. A limitation of places for Tanning Leather Repealed III. A Confirmation of the Attainders made by Parliament 28. Hen. 8. And of the Estates of the Patentees in the then forfeited Lands IV. That five of the best of every Tribe shall answer for all the Dammages committed by any of their Family and though this Act be since repealed yet it was a very good Law at that time V. To revive the Acts of Forestallers Servants Wages and Jeofails And so being adjourned to the twenty first day of February they then met and Enacted that Statutes concerning the good Governance of the Kingdom and the augmentation of Her Majesties Revenue may be made in this Parliament non obstante Poyning's Act. And on the twenty third of February the Parliament sat again and Enacted I. The attainder of Shane O Neal and the extinguishment of the name of O Neal and that the Queen be entituled to the Country of Tyrone and other Lands in Vlster II. An Act to make Trinity-Term shorter III. An Act to entitle Her Majesty to the Estate of Thomas Fitz Girald Knight of the Glin. IV. An Act for the Preservation of Salmon and Eeel-Fry V. An Act against laying Hemp Flax or Limed Hides in any fresh River or running Water VI. That whereas Persons have been admitted to Ecclesiastical Dignities which had neither Legitimacy Learning English Habit or English Language but were the Issue of unchast and unmarried Abbots Priors Deans Chantors and such like getting into the same Dignities by Force Symony or other undue Means therefore the chief Governor of Ireland shall for ten Years to come have the sole nomination of all Deans Archdeacons Chantors Chancellors and Treasurers of Cathedral Churches in Munster and Connaught those of Waterford Cork Limerick and Cashell excepted and no Man shall be presented unless he be of full Age and in Orders and can read and speak English and will reside VII That no Man take upon him to be Captain of a Territory without a Patent for it or use any sort of Irish Exactions on Pain of an Hundred Pound for a Lord and an Hundred Marks for a Commoner VIII That no Bill
and a few Volunteers and some Sea-men came to the Deputy and were very kindly received and the Disloyalty of the City was remembred at another time In Clonmel the Lord Deputy was nobly Treated in the town-Town-House which he requited by a most excellent Speech in commendation of Loyalty and thence marched to Cashil and in his March took a Castle held by Sir Edmond Butler and restored it to one Cantrel who was the right Owner 1569. and so he came to Cork where he found four hundred Soldiers newly arrived out of England under the Command of the Captains Shute and Ward as by his Letters to England he had desired From Cork the Lord Deputy made a step into Kirricurry and took the Castle of Carigoline and afterwards he marched into Orrery and took Butâ—ivant and so designed for Kilmallock but James Fitz-Morrice got there before him and took the Town by the help of scaling Ladders and finding that he could not keep it he burnt and destroyed as much of it as he could However the Lord Deputy marched thither and having given all the Encouragement that he could to repair and reedifie Kilmallock he setled a Garrison there of an hundred Horse four hundred Foot and some Kern under Colonel Gilbert who was made Governor or Colonel of Munster and so having taken the Oaths and Hostages of the Lords Roch Courcy Decyes Power and of Sir Cormock Mac Teige and many other Gentlemen and Freeholders of the Counties of Cork and Limerick he marched directly to the City of Limerick The Earl of Ormond came to the Lord Deputy at or near Limerick and brought with him his Brother Sir Edmond Butler who in the open Camp submitted to Mercy acknowledging his Follies and craving Pardon and thereupon he was set at Liberty upon the Earl's Recognisance for his appearance at Dublin and accordingly he did appear there on the sixteenth day of October together with Pierce Butler another Brother of the Earl's and both of them were indicted of High Treason However it seems that Pierce was afterwards bailed but Sir Edmond being a Cholerick Man did reflect upon the Lord Deputy and attributed all to his Partiality and alledged that the Lord Deputy did threaten him and would do him no Justice and vented many more such passionate expressions and therefore had not the favour of being bailed but was committed close Prisoner to the Castle of Dublin from whence in a very short time after he made a strange and hazardous escape by the help of a small Rope which broke within three yards of the ground and so bruised him that he could not go far so that he was forced to stay all that cold Winter-Night up to the Chin in the Water to prevent his Discovery However about three Months after viz. on the last of February the Earl of Ormond did again bring Sir Edmond and the rest of his Brothers before the Lord Deputy and Council at Dublin and there after a short Commitment and humble Submissions they were all pardoned for the sake of the Earl and perhaps by special Orders from the Queen who by the Mother was related to this Noble Family Cambd. Eliz. 138. and used to boast of the untainted Loyalty of the House of Ormond In the mean time Colonel Gilbert behaved himself so well in Munster that the Earl of Glencar and his Follower Mac Donogh were forced to come to him and to submit on their Knees craving Pardon for what was past and offering Hostages for their future Behaviour and afterwards that Earl came to Dublin to a subsequent Session of the Parliament and in the Presence-Chamber and in Christ-Church made most Pathetical Submissions on their 〈◊〉 and were Pardoned but the Collonel Gilbert being 〈◊〉 his good Service Knighted at Drogheda the first of January 1569 got leave to go to England and there he 〈…〉 a rich Widow and was not long afterwards drowned and thereupon Sir John Penott was Lord President of Munster In Leinster Sir Peter Carew had reduced the Cavenaghs to that low Condition that they were forced to submit to Mercy simply and without Stipulation and in Connaught Sir Edward Fitton by valour in the Field and severe Justice in the Courts did so quail the stubborn Hearts of the Rebels that his Province had but very little disturbance except what was given by the Earl of Thomond who could not brook the Severity of the President it seems he complained to the Lord Deputy before he entred into Rebellion for on the twenty third of April 1570. Lib. H. the Earl of Ormond was sent to treat with him but that Treaty proving ineffectual there ensued a smart Battle or rather Skirmish wherein the Earl of Thomond was worsted Contra Barkers Chron. 343. and Cambd. and thereupon he fled into France where he met with the English Ambassador Norris by whose means the Earl was pardoned Eliz. 153. and afterwards proved a very good Subject and did considerable Services to his Queen and Country Turlogh Lynogh whom I have already mentioned to have assumed the Name of O Neal was about this time shot in the Belly with two Bullets out of a Caliver by one of the Doniloghs who was a kind of a Jester he was at Supper with his Wife Aunt to the Earl of Argile when he received this Misfortune and though the Wound proved not to be Mortal yet it was so near it that the Auxiliary Scots began to think of deserting him 1570. and his own Country were in Factions about the choice of a new O Neal Lib. H. however he at length recovered and made an attempt to invade the Pale but the Scots dispersed for want of Pay so that O Neal was glad to treat with Justice Dowdall and the Dean of Armagh the Queens Commissioners and they came to an Agreement in O Neal's Camp at Dungannon on the twentieth day of January Lib. H. which was afterwards ratified by the Lord Deputy on the thirteenth day of March. On the eleventh of February the O Feralls or Ferells surrendred their Interest in the Annaly or County of Longford and took part of it back again at the Yearly Rent of an Hundred Marks c. The publick Expence for three Years viz. From Michaelmass 1565 to Michaelmass 1568 paid out of the Exchequer amounted unto Eighty eight Thousand nine Hundred thirty eight Pounds nine Shillings and eleven Pence whereof I suppose at least one half was remitted from England and yet the Lord Deputy was so Industrious in the Collection of the Revenue that he got twelve Hundred Pound of Hugh O Donell for the Arrears of Rent due for many Years past and the Queen was so intent on the Reformation and settlement of Ireland that she sent over Robert Leeth a Surveyor about the Year 1568 to make a true Survey and an exact Map of that Kingdom But Pope Pius the Fifth having by his Bull of the fifth of March 1569. Cambd. Eliz. 146. â—ulminated
them desired the Deputy that his Chaplain might walk the streets with him in Trouses For then said he the Boys will laugh at him as well as at me whereto the Deputy gravely replyed That the want of Order and Decency would be their Ruine and demonstrated to them the Benefits of this Conformity But before we come to the Parliament I must take notice of an Inquisition taken at Cork on the 4th of Nov. 1584. whereby it appears 1. That the Manour of Guisnes alias Cloghroe belonged to the Crown and was usurped by Lombard Constable of the Castle 2. That the Manour of Callâ—n alias Glyn containing eight Plowlands between Cork and Kingsale was the ancient Inheritance of the Earl of March and was intruded upon by Richard Roch of Kingsale and that Glanny was an ancient Corporation 3. That Ballynimony alias Mourne near Mallow was an ancient Corporation 4. That on the death of Matthew Shyne Bishop of Cork that See had the three Plowlands of Ballynaspig the Rent of Rochfort's Lands the Rent of Curickanaâ—y of Ringnaskiddy Downaghmore Ahabullugg and Kanivy the Profits and Rent of Ballivorny and Killinully c. 5. That the Island of Inchydiâ—â—y near Cloghnakillty is escheated to her Majesty for want of Heirs and that the Bishop of Ross ought to have but seaven Marks half-faced Money out of the same 7. That Kinalmeky was the ancient Inheritance of the Crown and Barry Oge Farmer of it paid the Rent to the Exchequer and about the year 1460. O Mahown Carbry intruded on it and gave Mac Carty Reagh half for protection 7. That Cnoghor O Mahony was slain in the Earl of Desmond's Rebellion and dyed seized of the Signiory of Kinalmeaky On the 26th of April the Parliament met according to appointment and the Upper-house was very full for there appeared four Archbishops twenty Bishops the Earls of Ormond Kildare Tyrone Twomond Clanrickard and Glencar the Viscounts Buttevant Gormanstowne Formoy and Mountgarret and the Lords Athenry Kingsale Slane Delvin Killeen Honth Trimletstowne Dunsany Dunboyn Vpper Ossory Louth Curraghmore Insiquine Castleconnell and Cahir but the lower-Lower-house was as thin for there were but 26 Cities and Boroughs in the Kingdom that sent Members to Parliament It was endeavoured to pass a Law to try Accessaries in absence of the Principals but it could by no means be effected however this Parliament did enact many other good Laws as followeth 1. An Act to attaint James Eustace Spencer 19. Viscount Baltinglass and others which is commonly called the Statute of Baltinglass and makes Estates Tail any kind of Inheritance forfeitable for Treason and provides against the fraudulent Conveyances of the attainted 2. An Act for the Restitution in bloud of Lawrence Delahide And then the Parliament was prorogued on the 29th day of May. The Lord Deputy did intend to suspend Poyning's Act that he might the more speedily pass such Laws as he thought necessary but some Gentlemen of the Pale grew jealous of the design and overthrew the Bill at the third reading and although upon a conference they were persuaded to pass the Bill yet their jealousies returning they overthrew it a second time There were also other Bills proposed viz. that the Lands of persons attainted of Treason should be vested in the Queen without Office and every Plowland should pay 13 s. 4 d. subsidy and that all those who should rebelliously take or detain any of the Queen's Castles should be guilty of Treason but these Bills were all damned in the Lower-house and the Acts against fraudulent Conveyances and an Act to help mispleading and Jeoffails were stopt in the Upper-house and an Act to enable Tenant in Tail to make Leases for 21 years could not obtain the Royal Assent The second Session of this Parliament was on the 28th of April 1586. and then the following Laws being enacted it was dissolved on the 14th of May. 1. An Act against Perjury and Subornation 2. An Act against Witchcraft and Sorcery 3. An Act against forging of Evidences 4. An Act of Impost and Custome of Wines 5. That all Conveyances made or pretended to be made by any person attainted within thirteen years before the Act shall be entered on Record in the Exchequer within a year or be void This Act did not pass the Houses without great difficulty and perhaps had not passed at all if John Mac Edmond Fitz-girald to prevent the Earl of Desmond's forfeiture had not produced a Feoffment made by that Earl before he entered into Rebellion which had taken effect and baffled the expectations of the undertakers if Sir Henry Wallop had not by good luck gotten the aforesaid Association made the 18th of July 1578. which was two months before the pretended settlement and to which this John Fitz Edmond himself was a party but upon the producing of that Confederacy and the discovering of this fraud and subtilty the honest part of the House were ashamed to abet so ill a cause and so this Act was made to prevent the like contrivances 6. An Act against forging or counterfeiting Coin not current in Ireland and that it be Misprision of Treason 7. An Act for the Attainder of the Earl of Desmond and many others his Complices mentioned in the Act. 8. An Act for the Attainder of John Browne of Knockmonhie and others 9. An Act for the Restitution in bloud of Taaf's Wife But I should have given a list of the Militia of Munster as it was in the year 1584. as followeth  Shot Bill-men The City of Waterford 100 300 Cork 100 300 Limerick 200 600 Clonmell 040 200 Killmallock 020 100 Fethard 020 100 Cashell 020 140 Kingsale 020 100 Carrick 020 040  740 1840 The Barony of Muskry 020 300 Carbry 030 1000 the County of Typerary 050 400 the Barony of Decyes 020 200 Imokilly 012 080 Condoni 008 060 Lord Barry's Countrey 030 200 Mac Cartymorâ— c. 008 400  178 2640 On the 26th day of December O Conner Sligo who had formerly taken a Patent for the County of Sligo at the yearly Rent of 100 l. per Annum did covenant that in lieu of Cess he would pay every year a fine Horse and 100 large fat Bieves per Annum for three years and afterwards 130 Bieves per Annum at Michaelmas at the Castle of Athlâ—an and also that he would at all Hostings bring 20 Horse and 60 Foot and maintain them 40 days and would pay in Money 25 l. per Annum and that in cases of necessity he should assist the Queen with all his Forces and that he should make legal Estates to the Freeholders they paying their proportion of the aforesaid Contribution and the Queen granted O Conner all Forfeitures for Felony or by Outlawry or Recognisance and all Waifs Strays and Penalties for Bloudshed On the 23d of May was published an Act or rather Proclamation of Indemnity and Oblivion for all Preys Stealths Plunders and many other Crimes committed or done before the first day of that
and O Crowlyes of Carbry submitted and came under protection but they relaps'd when the Spaniards landed at King-sale And on the 29. August Cahir Castle was surrendred voluntarily by James Galde by the means of his Brother the Lord of Cahir And about the same time Mac Donough Mac Auliff and O Keef likewise made their submissions The Sugan Earl and Peirce Lacy being enrag'd at the Knight of Kerry's submission invaded his Country but were forc'd by the Knight to return faster then they came two of their Captains and sixteen of their Men being slain And soon after Sir Charles Wilmet took Ardart Castle in Kerry after a good Defence made by the Ward Honora ni Brien Sister to the Earl of Thomond and Wife to the Lord of Kerry invited the famous Maurice Stack to Dine with her at Beauliew where she caus'd him to be barbarously murder'd and the next day her Lord also hang'd his Brother Thomas Stack who was his Prisoner However Wilmot so manag'd his Affairs that the Sugan Earl was forc'd to leave Kerry and in his passage to Arloghwoods was set upon by the Garrison of Kilmallock and 120 of his best Men slain and 80 wounded and 150 Arms and 40 Horses taken as also 300 Garrans loaden with Baggage and all their Cows and Sheep whereby the Earl was quite undone and his Forces scattered and himself forced to fly into Typerary and Ormond and his Brother and Piers Lacy retired into Vlster It is observable that the Irish were so blindly devoted to Popery Cambd. Eliz. 584. that many of those that had been Loyal sent to Rome for a pardon for their sin in not entring into Action and a Dispensation for the time to come from entring into open Rebellion In the mean time the Queen by the Advice of Sir Ro. Cecil and the Lord President sent over James only Son of Garret last Earl of Desmond attended and equipp'd according to his Quality in hopes he might regain the Followers of his Family and reduce them unto their Obedience and Duty His Patent was sent to the President to keep or give it as he should see cause and a Company of Foot was cashier'd for his maintenance which was to be in the President 's House for fear of the worst when he came to Cork the Inhabitants finding he was a Protestant refus'd to entertain him so that he was fain to obtrude himself upon the Mayor where he supp'd and after Supper he wrote a Letter of this usage to the Lords of the Council but the Mayor told him No Letters should go out of his House but what he saw However the Earl sent away his Letters Lib. D. D. D. and the Queen on Notice hereof ordered the Lords of the Council to reprimand the Mayor c. which they did to purpose by their Letter of 10. November 1600. Upon this Earls first coming to Kilmallock multitudes flocked thither to see him and pay their Duty to him but as soon as they saw him go to Church they all forsook him yea cursed him and spit upon him however he prevail'd with Thomas Oge Constable of Castlemayn 4. November to deliver that Castle and two of Peirce Lacy's Sons into his Custody which was all the Service he did or could do whilst he staid in Ireland But it is worth noting that Florence Mac Curty upon the President 's Word came to him to Mallow and assur'd him of his Loyalty by all the Oaths and Asseverations imaginable and yet whilst he was in the House he wrote Letters to Thomas Ogeâ— not to surrender Castlemayn and assured him of Reward and Relief so exceedingly falshearted was this mighty Hypocrite and these Letters were by the diligence of Mr. Boyle afterwards Earl of Cork intercepted However at length he submitted and put in two Pledges on the 29th of October In the mean time Wilmot had taken the Castle of Clancoyne by Sir Fra. Barkly and on Notice that the Lord of Kerry and Knight of the Glin were in the Woods with 80 Men he pursued them so close that he slew 60 of them and narrowly mist the two principals And on the Fifth of November he sat down before the Castle of Listoel and after a good Defence and ten days time it was surrender'd to him together with the Lord of Kerry's Son and all his Chattels About the same time Sir Richard Pearcy sent part of the Garrison of Kingsale to Carbry where near Kilco they took a Prey of 300 Cows and in November took another Prey of 200 Cows in Kinalmeky and now some difference arising between the Cartyes and Learyes about some stolen Cows they had a Battle at Ahakery where O Leary and ten of his men were slain The Lord of Muskry would have reveng'd the slaughter of his Followers but the President would not permit him lest thereby he should put the Country in confusion and make such a Flame as he could not quench In the mean time the Lord or Chief of Muskry was underhand dealing with O Neal whom he advis'd not to trust any of English Extraction and assur'd him he would dissemble with the President until Aid should come and Florence Mac Cartie levied 1000 Bonaughs in hopes of Recruits they daily expected from Connaugh and Vlster and indeed Forces were there assembled for their assistance and they would have Invaded Munster but that Redmond Burk expected great matters from the President and therefore would not disturb his Province and the Sugan Earl was jealous of the Bonaughs and every body was doubtful of Florence Mac Carthy and so this great cloud vanished and the Rebels dispersed into Ormond and Typerary Sir Charles Wilmot drew near to the Abby of Ratoo in Kerry whereupon the Rebels burnt it however he met 100 Bonaughs under Mortagh mac Shihy whereof he slew 40. Dermond O Connor whose Wife was Sister to the Queen's Earl of Desmond was so well pleas'd with the Honours the English did his Brother-in-Law that he resolv'd to come to him and to do some service acceptable to the State and accordingly he obtain'd Pasports but Tybot ni Long who had a Company in the Queens Pay pretending ignorance of his Pasport in favour of the Rebels fell upon him in Claâ—riccard and slew 40 of his men and took him Prisoner and the next day cut off his head whereupon the Queen took away Tybbott's Company from him On the 18th of November the President kept Sessions at Limerick and afterwards at Cashell and on the 28th of November at Clonmell where the Earl of Ormond met him and promis'd to expel the Rebels out of his Palatinate and in order to it in January his Forces assail'd the Rebels slew 40 of them and particularly Thomas Burk Brother of Redmond and took 30 Arms and forc'd Redmond and his Followers into the River Nore where 70 of them were drowned and many with their Baggage taken and particularly John Burk another Brother of Redmonds who was soon after executed at Kilkenny
and William Burk another of his Brothers was sorely wounded In December Captain Francis Slingsby with 500 Foot burnt prey'd and destroy'd Owny Omulrian's Country and did the like to East Clanwilliam Arloghwoods and Muskryquirck and kill'd every Soul he found there whereupon the Burks and Brians who had sled thence submitted and were pardoned The President having notice that the Sugan Earl and Dermond Macgragh titular Bishop of Cork were at Lisbarry in Drumfinin-Woods sent a Party thither who were so near surprizing them that the Sugan Earl was â—ain to run away barefoot and the Bishop got some old Rags about him and so well personated an old impotent Beggar that the English who met him did not think him worth a hanging and therefore suffered him to pass About the 18th of December Sir Francis Barkly having notice that many Rebels were relieved in Clanawly marcht thither and got a Prey of 1000 Cows 200 Garrons many Sheep and other Booty and had the killing of many Traytors And the President having notice of a Marriage design'd between O Donell and the Earl of Desmond's Sister Joan very seasonably prevented it Geofry Galway Mayor of Limerick had formerly imprison'd a Souldier for Petty Larceny and notwithstanding repeated Orders from the President who was then ready to march he refused to try or enlarge him wherefore now the President turn'd him out of his Office and made him pay a Fine of 400 l. which was expended in the repair of the Castle of Limerick Some of the Garrison of Kerry made a Sally into Desmond and the Servants of John Barry Sheriff of the County of Cork did the like to pursue some Rebels that were fled thither but Florence mac Carthy would have his Territories a Sanctuary inviolable and therefore his Followers routed both these Parties and kill'd several of the Sheriff's men and two of the Souldiers However on parol he came to the President and was by him advis'd to go to England whereto he pretended to consent and obtain'd the President 's Letter to the People of Carbry to encourage them to contribute to the charge of the Journey but when he had collected their Benevolence he took farther time to consider of the Voyage But let us return to the Lord Lieutenant who was resolv'd to be reveng'd on the Birnes and Tools who daily disquieted Dublin especially in his absence and he manag'd his design so secretly and with such expedition that on Christmas-day he surpriz'd Phelim Mac Pheagh in his own House from whence he narrowly escaped at a back window but his Wife and eldest Son were taken and there the Lord Lieutenant staid till the 20th of January and spoil'd and ransack'd the Country burnt the Corn and Houses and planted Garisons at Tullogh and Wicklow and then went to Monsterevan and so to Trim from whence on the 11th of February he went towards Molingar and so to Athlone and in his return homeward on the 20th of February he attack'd a small Island in Westmeath where Captain Tyrrel lay but for want of conveniences to get into the Island the first and second attempts were fruitless but whil'st he prepared better for a third essay and proclaim'd Tyrrel's Head at 1000 Crowns on the 24th of February the Rebels in the night stole away thence he march'd into Ophaly Leix and Meath and on the 6th of March came to Trym and having made some Incursions into the Fearny where they found small resistance on the 21st of March he came to Tredagh where he altered the List of the Foot and dispos'd them into Garisons and so return'd to Dublin on the 26th of April 1601. In this Journey Montjoy received Orders to proclaim the mixt Money and to grant Tyrconnel to Neale Garve and Fermanagh to Connor Roe Macguire who had taken prisoner Cormock O Neal eldest Nephew and Tanist of O Neal and the hopefullest Man of the Family also Morrison Governor of Dundalk had good success in the Fews and brought with him Turlogh Mac Henry O Neal Tyrone's Brother who submitted to the Lord Lieutenant and was pardon'd as also Ever Mac Cooly Mac Mahone chief of the Fearny O Hanlon and the Septs of Brenny and the Queens Macguire had 200 Men given him for his assistance The Lord President of Munster proposed that a general pardon to all of his Province might be granted with some few exceptions but this would be disadvantagious to the Officers of the Court and their Clarks and therefore the Queen order'd that every body that the President should recommend should be pardon'd whereupon before the end of February 1600 more than 4000 Pardons were taken out by the Provincials of Munster viz. to Mac Carty Reagh and 210 followers O Sullivane Beare and 528. John O Dwyer and 158. James Fitzgirald and 370. Teig O Bryan and 221. O Mulrian and 83. O Sullivane more 481. Mogelly people 151. Inhabitants of Kerry 270. and Muskry 542. in every one of which Pardons was a Proviso that they should not be of force to any other than the actual Tenants and known Followers of the Lord who procured the pardon nor to any of them that was on Bail or in Prison On the 31st of March 1601. the Queen sign'd the Irish Establishment which amounted to 255773 l. 14 s. 0 d. besides some Contingencies as Ammunition levying of Horse and Foot and the Charge at Sea which might arise in all to about 50000 l. more On the 6th of April the Captains Bodly and Blany did good service on the Island Loghrurcane which the Rebels had made their Magazine and tho' they could not get into the Island yet by shooting Arrows with Wild-fire into it they burnt the Cabbins and what was in them and return'd with the loss of two Men. About the same time Sir Henry Dockwra Governor of Loghfoyle took the submission of Hugh Boy who discovered to him the Juglings of Florence Mac Carty and the certainty of the Spanish Invasion of Munster Also Phelimy oge O Dogharty offered to submit on Conditions advantagious to the State and Captain Bowles exceedingly infested O Cane and slew 50 of his Men and burnt his Houses and Corn nor was the Garison of the Liffer deficient in their enterprize on Tyrconel for they slew many of the Inhabitants and brought away 200 Cows and other Booties and burnt New-town The Queens Macguire being setled in Fermanagh and a Garison planted in the Brenny the chief thing to be done was to settle a Garison at Balishanon which was to be effected by way of Connaugh in the mean time Sir Henry Dockwra at Loghfoil secured O Dogharty's Country viz. Inisowen and had spoilt Hugh Mac Hughduff's Country but that he was betray'd by an Irish Souldier who ran away and discover'd the Design however it was not long before he did invade it and took a prey of 1000 Cows and burnt what he could not carry away whereupon Mac Swiny Na doe Mac Swiny fanagh O Boyle and Shane Mac Manus oge O Donel
and other the Contents of their Petition His Majesty replyed It needed not any more than to prove the Sun shines when we see it The next Objection is The Eight Question That the Lords of the Pale and the Earl of Castlehaven in particular were necessitated for their own safety to joyn with the Rebels Vindiciae Catholicâ—â—â— 3. finding no Protection from the Government for the Lords Justices might easily have suppressed the Insurrection at first but they desired it might encrease that so there might be more Forfeitures But this is Gratis dictum and without Foundation as appears not only by the Commissions and Arms given to several Lords of the Pale which they perfidiously abused to the prejudice of the State Temple 33. and by the Lords Justices design to Arm all those of the Pale if need were but also by the very instance of the Earl of Castlehaven for tho' the Lords of the Pale went into Rebellion the Second of December yet he lived quietly at his House at Madingston many Months afterwards as himself Confesses and 't is certainly true that even he and the Marquiss of Antrim who was at his house came down to the English Army near Killcullen in March after to visit the Earl of O rmond and was kindly received by him and some few days afterwards being Victorious at the Battel of Killrush Castlehaven treated him at Madingston and mutual Civilities passed between them And about the same time he had such Correspondence with the State that he took upon him to intercede for the Lords of Gormanstown Slane and others so that he might have been safe enough if he pleased and was not under any necessity to go out into Rebellion as he afterwards did And tho' I believe that this Lord was not in the first Conspiracy yet it will appear by what has been said in the Answer to the former Objection that most of the other Lords of the Pale were nor indeed could the Irish have undertaken the Rebellion without them for they were not able to carry on the War by themselves P. W. Remonstrance 595. without the Assistance of the Old English for as Peter Welsh very well observes It is well known that the Irish never signified any thing considerable in any of their Vndertakings and had been presently crushed in this if the English Colonies had not joyned with and supported them But whoever frames an Idea of those times in his own thoughts and reads the passionate Letters of the State for Succours cannot conceive any thing so ridiculous as that the Lords Justices delighted in those sad Spectacles of misery which daily flocked to Dublin or in the report of the most barbarous Inhumanities every day committed on their Friends and Country men but above all the continual Danger they were in themselves and their disadvantage and loss by the Rebellion do sufficiently vindicate them from endeavouring to make this Rebellion more general and formidable than really it was But what did the Lords Justices get by this Rebellion or did they Act or send any dispatch without the Council or did they not importune Aid from England even to the degree of being troublesome or did they not ask enough to make a speedy end of the War or had they a Free-hold in their Places or an unconroulable Power while they held them or what solid Foundation is there for all the Clamour that the Irish have made in this Case against the Lords Justces The Ninth Question The Ninth Question will be whether King Charles II. upon his Restoration stood obliged by the Articles of the Peace made Anno 1646. or the other Peace made Anno 1648. because the Lords Muskery Taaf and others did not faulter in their Allegiance from that time forward and therefore could not forfeit the benefit of those Articles To which I Answer That the Peace of 1646 cannot come in Dispute not only because the Congregation of the Popish Clergy at Waterford did publickly declare against it and Limerick Waterford and Clonmel c. never received it and the Irish Armies perfidiously broke it by indeavouring treacherously to intercept the Lord Lieutenant near Kilkenny and afterwards actually besieging him in Dublin but also because the general Assembly the proper Representative of their Party and Nation did publickly disown and reject that Peace by their Declaration recited Appendix 36. And as for the Peace of 1648. it was made with a Society or a Confederate Body and not with particular Persons and if that Society hath no Right to the benefits of that Peace it is certain that no particular Person can have any because his Claim and Title to it is as he is a Member of that Body Politick and his Case is the same with that of an innocent Freeman in a Corporation whose Charter is forfeited However this Body Politick or Imaginary is composed of particular Men and may forfeit its whole Right by the fault of some of its Members for malum ex quocunque defectu but if the greater part be Guilty there can be no ground for a doubâ— This being Premised it appears by the 29th Article That the Confedrates and their Garisons Towns and Forts were to be Commanded Ruled and Governed in chief upon occasion of necessity as to Martial and Military Affairs by such as the Lord Lieutenant should appoint But this Clause of that Article of the Peace was entirely violated by the Towns of Wexford Ross Waterford Clonmel Limerick and Galway even to the degree of depriving his Majesty of all the benefits and advantages he expected from this Peace and at length to the loss of the whole Kingdom Secondly Those Towns were to be restored to his Majesty whenever the Articles of the Peace were performed on his Part but the Confederates by their own Fault and their own Act gave them up especially Limerick and Galway to the Kings Enemies These were the Jewels his Majesty bought so very dear and yet the Confederates are so unreasonable to expect the Price without delivering the thing contracted for And if they Reply That those Towns were forced from them and without their fault yet that if true as it is not would not Entitle them to the benefits of the Peace For if a Man sell Land and it be evicted from him before he delivers Possession no Body will say he has Right to have the Purchase-Money from the Buyer and yet that is a parallel Case Nor have the Confederates the least Spark of Equity on their side because they might have surrendred the Towns to their King and ought to have done so but they neither did that nor submitted to his Authority as far as they had promised and therefore since they did take upon them to keep these Towns it is certainly at their Peril if they lose them Thirdly They did dissolve and renounce this Peace and the Kings Authority which is the first and chiefest Article tho' placed by way of Introduction for the
and publickly celebrated Mass This City is seated in an Island surrounded with the River Shenin and joyned to the Continent by two stately Bridges of Stone it is fortified with good Walls and a strong Castle and is justly esteem'd the most Impregnable Town in Ireland and certainly its Strength and Reputation has often prov'd a Snare to the Inhabitants and prompted them to such Acts of Disloyalty as otherwise they would not have dared to perpetrate And tho' at this time Limerick did submâ—t without a Siege because all its Accomplices had first done so yet in the succeeding Rebellion it not only defied all His Majesty's Forces abus'd His Herald and affronted His Lord Lieutenant but at last put the whole Power of England to the Necessity of making a Second Tedious and Bloody Siege before they could reduce it which I have observed in this place because I would lose no Opportunity to put the English in mind how much it does import them upon a new Settlement that care be taken that those Strong Places should be inhabited only by a People faithful to the Crown But to proceed The Religious at Kilkenny were not less precipitate and insolent than their Brethren elsewhere Edmond Raughter a Dominican headed the Sedition in that City and broke open the Black-Friers which had for some time been used as a Court-house and pulled down the Seats and erected an Altar and forced the Keys of his House from one Mr. Bishop that lived in part of that Abby and gave Possession of the whole Abby to the Friers altho' by Act of Parliament it was turned to a Lay-Fee and by Legal Conveyances became the Propriety of other Men. These Rebellious Proceedings in so many principal Cities and Towns necessitated the Lord Deputy to undertake a Progress to Munster and on the Fifth of May he came to Gracedea near Waterford and summon'd the Mayor and his Brethren to open their Gates and receive him into the City with His Majesty's Army and tho' at first they refused to admit any Forces into the Town except the Lord Deputy and his Retinue alledging some Privilege or Exemption to that purpose by vertue of an Ancient Charter from King John yet when the Lord Deputy had told them That no King could give that Privilege to his Subjects whereby his Successors should be prejudiced in the due Obedience they were to expect from them and that if they did not open their Gates immediately but put him to the Necessity of entring by Force he would cut King John ' s Charter with King James ' s Sword and ruin their City and strew it with Salt they tamely opened their Gates notwithstanding their former boasting and the Lord Deputy and the Army march'd into the City But whilst he was in his Camp at Gracedea the Mayor at his Excellencies Request sent out Doctor White and a young pert Dominican Frier to discourse with his Lordship in Matters of Religion and to shew him the Grounds and Reasons of these Proceedings which his Lordship thought so temerarious and unaccountable And the Friers had the confidence to come in their Habits with the Crucifix exalted before them Sullivan 199. and to tell the Deputy That the Citizens of Waterford could not in Conscience obey any Prince that persecuted the Catholick Faith This led them into Discourse wherein at length Doctor White cited a Passage in St. Austin for the Proof of something he asserted and it hapning that the Lord Deputy had the Book in his Tent he caus'd it to be sent for and publickly shew'd to all the Company that the Words cited by the Doctor were not St. Austin's Opinion but were quoted by him as an Objection which in the same place he opposes and confutes and inferr'd That it was highly disingenuous in the Doctor to quote that Sentence as St. Austin's Judgment when he knew that his Opinion was directly contrary to it Whereupon the Doctor was confounded the Citizens were ashamed and the Conference ended In the mean time the Lord Deputy to prevent farther Mischief at Cork and to humble them with the certain notice of his Approach sent the Mayor of that City the following Letter FOr the dispatch of Your Messenger and not to omit any thing that lieth in me to make you understand your dutiful Obedience to His Majesty and the great Errors and insolent Demeanour you have of Self-will or Malice entred into I am content to write unto you tho' I know not well in what sort to write For by your Courses I cannot take you for Subjects and out of my desire to interpret your Actions to the best I could wish not to have cause to repute you Rebels To deal plainly with you for any thing that your selves inform or I can otherwise learn I see not that Sir Charles Wilmot hath done but as in his Duty he was tied to do But I am presently drawing down to the City of Cork and having reserved one Ear for any your just Complaints will judge of your Proceedings as I shall find them I have let you understand my Pleasure by my Letters one sent by Master Meade which if he have not delivered he is more to blame and I assure my self some of them came to your Hands and in all I have charged you upon your Allegiance as again by these I do to desist from Publick Breach of His Majesty's Laws in the Celebration of the Mass prohibited by the same and to yield due Obedience to His Magistrates and especially upon your extreamest Perils not to presume to make any stay of His Majesty's Victuals and Munition left upon especial Trust on your Fidelity within the Walls of that City but to suffer it by His Majesty's Commissioners of that Province to be issued to the Forts or where they shall think meet for the present Service I shall be glad to find that you conform your selves to due Obedience in all these and other Duties of Good Subjects if otherwise you obstinately persist in the contrary I must needs hold you for Enemies to the King and the Peace of these His Realms and as such think you fit to be prosecuted by the revenging Sword of these and other His Majesty's Forces From the Camp at Gracedea near Waterford the Fourth of May 1603. And on the Eleventh of May the Lord Deputy came with his Forces to Cork which had for some days been blocked up by the Commissioners of Munster Nevertheless he had immediate admittance into the City without any previous Capitulation whereby it is manifest That some who have but small regard to Dangers that are remote have a delicate sense of those that are near Would any Man believe that these insolent Rebels that refus'd to proclaim the King and seiz'd on His Stores threatned to murder the Bishop and shot at the Lord President 's Lady and the Commissionerâ—s and had kill'd a Minister and several others of the King's Subjects so that Mr. Sullivan brags That they
slew more than they lost should yet tamely resign upon the first approach of the Army and surrender their City to the Mercy of an incensed General without making Conditions for their own Indemnity However thus they did and relied only upon a very slight Stratagem to preserve themselves which was that at the Lord Deputy's Entry into the City they placed Plow-shares on each side of the Street intimating thereby that the Oppression of the Soldiers had occasioned so many Plows to lie idle and them to mutiny But the Lord Deputy took little notice of that silly Contrivance however he was resolv'd in his Mind to extend Mercy to the Generality and to make Examples of some few only of the Ringleaders of this Rebellion Oâ— this Number was the Recorder William Miagh who was the Chief Incendiary and Christopher Morough the Lieutenant that seised on the Stores and one Owen a Schoolmaster that had publish'd and preach'd up the Title of the Infanta and William Buler a bigotted Broguemaker that had been exceeding malicious and active in this Sedition These last Three having no Freehold were probably tried by Martial Law condemned and executed But the Recorder had better Luck for he was some time afterwards tried by a Jury of the County of Cork consisting altogether of Irish Papists who against full and undeniable Evidence and his own Confession acquitted him Whereupon the Foreman was fined Two hundred Pounds and the rest One hundred Pounds apiece and Master Miagh being set at Liberty became a Pensioner to the King of Spain and died at Naples But the Lord Deputy having put good Garisons into Cork and Waterford and forced the Inhabitants of each Place to take the Oath of Allegiance and to abjure Foreign Dependencies marched to Limerick and did the like there And on the Twentieth of May the Deputy came to Cashell and there he understood that a certain Priest had bound a Protestant Goldsmith of that City to a Tree threatning to burn him and his Heretical Books and that he did really burn some of the Books and kept the Man in that miserable condition for Six hours together expecting every Minute when Fire should be set to the â—aggots But it is probable the Priest made his Escape because I find nothing of his Punishment From Cashell the Lord Deputy by easie Journies return'd to Dublin and sent his Secretary Mr. Cook to give the King an Account of his Proceedings and gave him a Charge to solicit His Majesty that the Lord Deputy might keep his Place with Two thirds of the Allowance and that he might have leave to wait on the King in England leaving the Government and the other Third of the Allowance with Sir George Cary during his Absence And the better to quiet the People and to oblige them to Loyalty if possible and to induce them to an industrious and regular way of living Temple 11. the Lord Deputy issued a Proclamation of General Indemnity and Oblivion and restored every body not attainted to their former Possessions and prohibited Private Actions for Trespasses committed in the War-time and then being made Lord Lieutenant of Ireland and a Privy Counsellor in England he sailed thither with the King's leave and carried with him the Earl of Tyrone and Rory O Donell Competitor with Neal Gâ—ruff who were not only well received at Court but also highly honoured and respected and Rory O Donel was created Earl of Tyrconel and had a considerable Estate in that Territory granted to him And about the same time the King granted to Sir Randal Mac Donald the Territory of the Rout in the County of Antrim Lib. M. saving Three parts of the Fishing of the River Ban and by these Concessions and Favours which the Irish commonly interpret to be granted to them more for Fear than for Love the Earl of Tyrone Lib. C. and all the principal Irishmen except the Earl of Thomond were encourag'd to petition the King for Toleration of the Popish Religion But the King thought it enough that the Penal Laws against that Religion were not put in execution but rather were in effect suspended by a Connivance that differed little from a Toleration and finding he had to do with a People that never missed any thing for want of asking but were apt to take the Ell if he gave the Inch he became the more reserved in his Concessions to the Irish from thenceforward And altho the King and his Ministers did all he could to bring Ireland into a Method of Government and to reduce the Publick Charge that it might hold some proportion with the Revenue yet because it was not reasonable to disband the Army till the Kingdom was better setled they could not bring the Charge for the Year 1603. lower than 163315 l. 18 s. 3 ¼ d. And that the World may see that the Irish Rebels have justly forfeited those Estates that have been at any time seised by the Crown of England and that it cost England infinitely more Money to reduce them than their Lands were worth to be purchas'd and that the Protestants of Ireland may be sensible of their Obligations to England for its liberal Contributions for their Preservation I must add That the Charge of the War for Four years and a half from the First of October 1598. to the First of April 1603. amounted to Eleven hundred ninety eight thousand seven hundred and seventeen Pounds nineteen Shillings and a Penny Sir GEORGE CARY Treasurer at Wars was sworn Lord Deputy on the First day of June and had but one third of the Deputies allowance 1603. the other two thirds being appointed for the Lord Lieutenant Mountjoy in liew of which this Deputy kept his place of Treasurer at Wars he appointed the first Sheriffs that ever were in Tyrone or Tyrconnel and this very Year he sent Sir Edward Pelhan and Sir John Davis Judges of Assize to those Counties Davis 264. and they were welcome to the Commons but distasteful to the Irish Lords But it seems Neal Garuff was highly dissatisfied with the Conduct of the English in preferring Rory O Donell before him to the Earldom of Tyrconnel Sullivan 201. and therefore Mr. Sullivan introduces that barbarous Hero into the Parliament House and says he spoke boldly and roundly to the Senate and tells us That tho he was offered to be confirmed in his former Possessions and dignâ—fied with the Title of Baron yet he disdained those mean Proposals and Couragiously upbraided the English Nation with Dishonesty and Perfidiousness and says it was he and not they that subdued the Catholicks and curses himself for giving Assistance to the English or trusting to their Promises and he says further That the King of England to obtain Peace from the Spaniard did dissemble his Religion and pretend to be a Papist But this Catholick Author is of no Credit and it is enough to discover the Forgery of this ostentatious Story that there was not really any
Three pence per Pound for other Goods due by Common Law But the Irish were very uneasie at the Plantation of Ulster and therefore it was necessary to countenance and protect it with an extraordinary Militia in that Province to support the Charge of which the King 1611. on the 22th day of May instituted the Order of Baronets which was to be Hereditary and not to exceed the number of Two hundred and every of them upon passing the Patent was to pay into the Exchequer as much Money as would maintain Thirty Men in Ulster for Three Years at Eight pence a day But if the Reader desires to know more of this Order I must refer him to Selden's Titles of Honour pag 822. and 909. and The Present State of England pag. 289. and Sir Richard Baker's Chronicle ad Annum 1611. But there had not been a Parliament in Ireland for Seven and twenty Years past since the Twenty seventh Year of Queen Elizabeth's Reign so that it was high time to call one now and the Ministers of State were at work to manage that Matter to the advantage of his Majesty and the English Protestant Interest in that Kingdom which they foresaw would be oppos'd with might and main by all those of the Popish Party and therefore they propos'd that an Order should issue for every Parliament-man to take the Oath of Supremacy and that the Lords should declare their Suffrages openly Content or Not content as in England and not rise and whisper in the Lord Chancellor's Ear as was the Custom in Ireland and that the King should find some Pretence to send for some few of those Noblemen that would most briskly oppose his Intentions as Henry the Eighth had formerly done and particularly that the Lord Courcy might not be suffered to sit in the House because his Ancestors were called by Writ and so his Honour being in Fee-simple did descend to Daughters who were Heirs-general of his Family and that the Lord Shrewsbury's Titles of Honour in Ireland were not * Contra adjudg'd 4. Inst cap. Ireland forfeited by the Act of Absentees and therefore he might have a Voice in that Parliament or make his Proxy and that for the Credit of the Business the Lord Deputy might be Ennobled before the Parliament sat But some of these were not practicable and the rest not thought fit to be done at that time But I must not forget to take notice of a necessary Office in those days tho now it be obsolete viz. the Interpreter to the State which was enjoy'd by Thomas Cahill with an Annual Sallary of 26 l. 6 s. 8 d. In September the Lord Deputy published a Proclamation of the intended Parliament and thereby invited the Subjects to exhibit their Grievances and to consider of Proposals for the Publick Good to be past into Acts and he also signified his Majesty's gracious Intentions to erect some new Corporations for the better Encouragement of the Plantation of Ulster And it seems that the Government was thenceforward imploy'd about the Plantation of Ulster and the Preparation of Bills to be past in the approaching Parliament and in erecting of some new Corporations viz. Belfast Charlemont Aâ—trim Bandon Cloghnikilty Tallow Newry Lifford Donegall Ballyshanon Tâ—â—am Eniskilling Traly Athy Bi r Kilmallock c. The Bills that were design'd to be made Acts of Parliament were 1. An Act to cut Paces and mend High-ways 2. To extinguish Uses and suppress fraudulent Conveyances 3. That Sale in Market overt should not alter Property of Stolen Goods 4. For the Enrolment of Deeds of Bargains and Sale and for Conveyance of Land 5. To try Accessories in Foreign Counties 6. To reduce Peremptory Challenges to Twenty 7. To enable Tenant in Tail to make Leases 8. To deprive some Criminals of Benefit of Clargy as in England 9. For making Linen Cloth sowing Hemp and Flax. 10. For Trial of Pyrates 11. To Re-edifie Cathedral Churches and to remove some of them to Gallway Dingle Carigfergus Newry Wexfoâ—d Cavan c. 12. To restrain Ecclesiastical Persons from Alienating c. 13. Against Pluralities Non-residence or Simony 14. Against Receivers and Harbourers of Jesuits Serminary Priests c. 15. And sending Children beyond Seas 16. Against Idle Holy-days 17. To expeâ— Monks Friarâ— Nuns c. 18. To give the King all Chantries and other Superstitious Uses 19. To establish the Compositions 20. For the Attainder of the Earls of Tyrone Tytconel and others 21. To revive and perpetâ—ate the Impost of Wines 22. To Naturalize Manufactures 23. To resume all Immunities to Corporations from Customs 24. That those Attainded of Treason in England shall forfeit their Estates in Ireland 25. An Act of Recognition 26. To abolish the Brehon Law and Tanistry and Irish Exactions 27. Artificers Apprentices to be Free-men in any Corporation 28. Against Idlers and Vagabonds 29. The Barony to answer the Stealth unless they can track it farther 30. That Bastards take the Name of the Mother and that it be Felony to lay it to any Man 31. No Man to keep a Woman as a Wiâ—â— and turn her away at pleasure on pain of One Years Imprisonment And if any Authorized Priest do divorce it to be Felony 32. Against Usury above Ten per Cent. 33. To impower Judges of Assiâ—â— to raise Taxes for Court-houses and Goals But in November 1612 1612. the Popish Lords dissatisfied with these Proceedings wrote a joynt Letter to the King complaining that the Bills to be passed in the next Parliament were not Communicated to them they also complained of the new Corporations and that the Oath of Supremacy was tendered to Magistrates and they insinuated the Danger of a general Revolt and concluded that if the Laws about Religion were repeal'd a firm and faithful Subjection would be established in their Minds and on the 17 th of May 1613. the Popish Lords did Petition the Lord Deputy to the effect aforesaid adding nevertheless some stubborn and unseemly Expressions and questioning the Kings Prerogative in erecting new Corporations or calling by Writ new Lords to Parliament and they affirmed some of the new Burroughs were unfit to be incorporated and they excepted against the Castle of Dublin for the place of Session and the rather because the Ammunition being there they might be in Danger of being blown up and they were troubled at the Lord Deputies Guard as that which they said was design'd to keep them in Awe and terrifie them into Compliance But these were but vain Pretences Lib. C. for they well enough knew that the Guard was but 100 Men as was usual and Customary and that it was impossible to blow up the Papists but that the Protestants also and perhaps the City of Dublin must have likewise been destroy'd on the contrary the Papists were so far from being afraid that they were very tumultuous and came to Dublin in vast numbers to frighten the Government The Lord Gormanstowne was amongst the most Seditious and unruly
he was one of the forwardest in disturbing the Lord Deputy with importunate and impertinent Petitions and refused to carry the Sword before him to Church he had formerly mis-behaved himself before the Lord Duputy at the time of the Gun-powder-Treason and he quarrelled with the Lord Barry in the Deputies Presence and the Lord Roch Delvin Trimletsowne and Slane were not less troublesome Sir Walter Butler Girald Nugent Sir Thomas Burk John Moore Richard Wadding and Boetius Clancy had their share in these Seditions and Thomas Lutterell had the Confidence to make Comparisons with the Earl of Thomond even in the Lord Deputies Presence But it will be pertinent to our Design O Sullivan 237. and not unpleasant to the Reader to hear O Sullivan give an Account of this Parliament which he says was observable for the Cruelty of the Protestants and the Civil resistance of the Catholicks And first he tells you That when the Senate meddles with Religion it becomes a wicked Conventicle rather then a Parliament that the Old Irish Grandees had Hereditary Voices in Parliament long before the English Conquest but are now denied them unless they have English Titles which alone makes the English Parliament in Ireland void since the principal Members are excluded The Catholick Bishops are serv'd in the same manner and the Heretical Usurpers of their Sees and Titles vote in Parliament in their stead The Protestants thought the Advancement of those Laws which they had made against Christ in England to be the readiest way of suppressing the Catholick Religion in Ireland if they could get them Enacted here but knowing the Catholicks would be most numerous in Parliament they us'd all imaginable Artifices of force and fraud to get Protestants unduly return'd they Elected their new Colonies into Burroughs and Counties to encrease the number of Heretical Parliament men they made small Villages into Corporations and made Porters Barbers and Strangers Burgesses for those Corporations and caused four Ministers to represent the Clergy of every Diocess nevertheless many Irish Gentry were chosen whom the People Men Women and Children desir'd to take Care of Religion assuring them That all should be void that should be Enacted against the Catholick Faith and when the day came most of the Irish Gentry thô not Parliament men came to Dublin that they might be ready there upon the place where their highest Concern viz. Religion was to be debated least perhaps any thing should happen contrary to Expectation The Catholicks were troubled because they could not find out what was to to be treated of in Parliament till at length they got sight of a Bill to expel the Catholick Clergy and the Titles of eleven Bills more viz. 1. For the building a convenient Prison for Noble Men in the Castle of Dublin 2. For disarming Idlers 3. About O Murroughs Lands 4. Against Marriage between Irish and Scots I suppose says he for fear they should joyn against the English 5. For banishing Hamilton and Wart if they refuse the Oath of Supremacy 6. That the Sallaries be continued to the new Pensioners tho' they refuse the Oath 7. For the distribution of the Money forfeited by Recusants 8. That the Children of Noble Men be sent into England 9. That stubborn Corporations shall loose their Franchises 10. The Recusants shall pay two Shillings a Sunday 11. For the more Cautious issuing of Excommunications for before that Sullivan 241. English would kill an Excommunicated Catholick says he But the Cathalicks resolving to resist even to Death thought of two ways First To hinder the meeting of the Parliament if possible and Secondly If it met not to receive or admit of the Heretick Parliament men because not Inhabitants in the Towns that chose them And with this Design they went to Dublin where all the Catholick Clergy also went to encourage the Gentry in this Holy Resolution On 18th May 1619. Caecos diaboli ministros The Parliament met at the Castle of Dublin and first the Lord Botevant carried the Sword before the Deputy to Church to hear the blind Ministers of the Devil and that being over when they came to the Castle the Guard disarmed the Nobility and Gentry as they entered but some resisted and did not part with their Arms and others that did â—ad other Arms secretly about them No sooner they State but the Soldiers were drawn into a Body in the Yard to terrifie the Catholick Members who in the upper House were less in number then the Protestants however resolv'd rather to dye which they expected then to forsake the Catholick Religion but if they had died for it The Gentlemen and Citizens then in Dublin assembled from all parts of the Kingdom had certainly reveng'd their Deaths and now the Eyes even of the English Irish were open and they cursing their former Folly in helping the Heretick would have repair'd it by a hearly Conjunction with the Old Irish now 〈◊〉 And afterwards he says That when the Papists refus'd to sit in the Parliament the Deputy did not dare to proceed without them not did he dare to force them because the Papists had many Friends in Town ready armed and the Deputy feared a General defection if he had proceeded my farther and then he says the SOUNDER part of the Clergy always oppos'd the Attaindâ—re of O Neal O Donell c. And the Archbishop of Tuam wrote a notable Letter against it but the worser part of the Clergy he means those of English Extraction perswaded the Popish Members to Consent to that Act but it is time to leave this whilsting Fellow and return to the true History of this Affair The Lord Deputy having Notice that several Papists that were not duly chosen Lib. C. nor return'd Members of Parliament did nevertheless intend to intrude into the House did on the 17th day of May being the last day of the Term cause Proclamation to be made in the four Courts that all those who knew themselves to be duly Elected Parliament then should attend the Lord Deputy and Council at Three a Clock that Afternoon at the Castle and accordingly most of them came Whereupon the Lord Deputy and Council sitting in the open Court of the Castle caused the Chancery Clerk of the Crown to call over the Names of those that were returned to serve in the approaching Parliament and that being done they caused Proclamation to be made that no Body should presume to come into the Parliament House but such as were return'd as aforesaid And 〈◊〉 on the next day 1613. being the 18th day of May the Parliament met and the Lords House was supplyed by the Earls of Kildare Ormond Thomâ—â—â— and Clanrickâ—â—dâ— and Viscounts of Buttevant Formâ—â— Gormanstoâ—â—â—â— Mountgarrets and Tullagh and the Barons of Athenry Kingsale Kerry Slane Killeen Delvin Dunboyn Houth Triâ—â—etsowne Poer Cahir Dunsany Louth Uppâ—r Ossery Castle Connel and 〈◊〉 Besides Twenty five of Protestantâ— Archbishops and Bishops that were present and the
House of Commons consisted of Two hundred thirty two Members whereof about Six were absent so that of sitting Members One hundred twenty five were Protestants and 〈◊〉 were Pâ—pists But the List of the Commons being called over by the Clerk of the Crown No others but such as were return'd as aforesaid were suffered to enter the House of Lords to hear the Lord Chancellors Speech but that being ended the Commons were ordered to their own House to chuse a Speaker whom they were to Present to the Lord Deputy the Friday following and the Lord Deputy told them that the King had recommended a Speaker to them one his Lordship thought beyond exception and should be named to them by some of the Privy Council when they should come to their House And accordingly the House being sate Sir Thomas Ridgway Vice-Treasurer and Treasurer at Wars made a storid Speech and in the end proposed Sir John Davis for their Speaker and that he was the Man the King and Deputy thought fittest for that Office which was answered with a great Acclamation of Consent Hereupon Sir James Gough stept out disorderly into the midst of the House and offered to make a Speech there but being ordered by the House to go back to his place and speak there he did so and then stragling from the Matter in question which was the Choice of a Speaker he alledged that the new Corporations had no Right to chuse nor could any Body not resident or inhabiting in any Corporation be chosen Citizen or Burgess of it and therefore desir'd that Matter might be examined but concluded nothing as to the Speaker till being demanded for whom he gave his Voice He answered for Sir John Everard late one of the Judges of the Kings-Bench but being an obstinate Recusant was by his Majesties special Orders removed Gough was seconded by Sir Christopher Nugent and William Talbot late Recorder of Dublin who moved to the same Effect that the House should he first purged of illegal Members before they proceeded to the Choice of a Speaker Sir Oliver Saint John Master of the Ordnance reply'd That he knew by experience in sundry Parliaments in England that the Course and Usage was first to chuse a Speaker and then to settle Committees and examine Elections and that in their proper Season all Disputes about Elections or returns should be decided according to 〈◊〉 and to the Satisfaction of all good Men and concluded in 〈◊〉 of Davis and gave his Vote for him Hereupon the House was in a confusion Some crying Davis others 〈◊〉 but this noise being over Sir Oliver Saint John said It was the Usage of Parliament to decide Controversies by Questions and Questions by Votes that the Affirmative party usually 〈◊〉 out of the House and the Negative staid behind and so he 〈…〉 were for Sir John Davis to follow him out 〈…〉 to the number of One hundred twenty five The Treasurer and Marshal 〈…〉 Sir Christopher 〈◊〉 and Sir Christopher Nugent to joyn with them in numbering each Party on the contrary those in the House gathered themselves into a 〈◊〉 that so they could 〈…〉 however the whole number of the House 〈…〉 Two hundred thirty two where of Six were absent it was manifest that Sir John Davis had the Major Vote the Papists knowing this thourght to gain their point by a Trick and therefore whilst the Protestants were numbering without the Papists within that the Door and pretending themselves because Actually fitting in the House to be the House of 〈◊〉 they unanimously chose 〈◊〉 and 〈…〉 The Protestants being return'd 〈…〉 contemptuous Proceeding and declar'd the Election of Davis and desir'd 〈◊〉 to leave the Chair but 〈…〉 still and thereupon Sir Oliver Saint John told him that if he would not come out they should be oblig'd to pull him out and accordingly the Treasurer and Marshal did take Davis and fet him in the Chair on Everand's Lap but Everard continued obstinate and therefore the Treasurer Master of Ordnance and others did gently remove him and did place Davis in the Chair altho Sir Daniel O Brian and Sir William Bank endeavored to keep him in Hereupon all the Papists departed the House into an outward Room for the outer Door was shut by Orders of the House on their first sitting and Sir John Bleverhasset and Sergeant Beer being sent to them to desire their return to the House were answered that they would not return but would appeal to the Lord Deputy then Mr. Treasurer and Sir Henry Power went to them again and Mr. Talbot in the Name of the rest told them That those within the House were No House nor their Speaker No Speaker but that They were the House and Sir John Everard their Speaker and they would complain to the Lord Deputy and the King After this Sir John Davis began his Speech to excuse himself c. but Sir William 〈◊〉 and Sir Christopher Nugent interrupted him and rudely rushed in to call for the Keys of the outer Door and being ordered to take their Places they refused and contempruously went out again and the outer Door being opened all the Papists went out and protested they would return to the House no more On Friday after the House sat to the number of 130 whereof 14 Privy Counsellors and the Lord-Deputy sent for Mr. Marshal and the Master of the Ordnance and told them That William Talbot had been with his Lordship and receiv'd Commands that the Papists should return to the House and that Talbot had desir'd an hours time to return an Answer and that his Lordship had given time till Three in the Afternoon and therefore desir'd that the Commons would send their Sergeant at Arms to summon the Recusants to be at the House at that time but the House refused to send their Sergeant at Arms because the Recusants had appeal'd to the Deputy so they rose and met again at Three a Clock but no Papists came near them and therefore they went by themselves to the Deputy and presented their Speaker and being ask'd whether they were the greater number of the House and unanimous in the Election They answered in the Affirmative so their Speaker having made the usual Speech was approved of and then he made an excellent Discourse about Parliaments in general and This in particular and then the Commons went to their own House and adjourned to the next day In the mean time on the 19th of May the Popish Lords wrote a Letter to the King full of Complaints of the strange and preposterous Proceedings as they term'd it about the Speaker they express'd their Passions with moving Epithits stiling their Sedition Pins dolor and Justa-Iracundia they did not vouchsafe to give the Parliament that Name but called that Assembly An intended Action they also called the New Burroughs Titulâ— sine re and sigmenta sine rebus nor did they spare to reffect on the Persons of some of the new Burgesses of the new Corporations and
even to intimate some Menaces of Rebellion and in a manner delineated and discrib'd how it would be Imanaged And the same day the Papists of the House of Commons did likewise write to the Lords of the Council in England about the new Corporations and the wrong done their Speaker Everard and they exaggerated their Complaints to that degree as if their Extremities and Sufferings were so strange and so intolerable that they wanted Words to express or Patience to bear them and they laid all the blame on the Principal Officers and Counsellors of State And on the twentieth of May the same Men petition'd the Lord Deputy to dispence with their Attendance in the House of Commons because they were afraid of their Lives and they desir'd he would shew them by what Authority those sat in the House that were now in possession of it and they demanded to have a sight of the King's Letters the Grants and Charters of the New Corporations and of the Returns of Elections And the next day being the 21th of May they petition'd the Lord Deputy again importing That if they might be secure of their Lives and have the Benefit of the Law and that the Returns may be rectified that then they would repair to the House and present the Speaker All which the Lord Deputy granted and promis'd and thinking that they sincerely meant as they spoke his Excellency went to the Upper House in expectation that they would joyn with the rest of the Lower House and attend him with the Speaker But in stead of that on the same day they petition'd again That the new Burgesses might be first excluded and not admitted into the House till their Case was debated and determin'd altho they well enough knew that what they propos'd was unpracticable until first a Speaker was setled But their Business was to baffle and avoid this Parliament if possible to effect which they little matter'd what vain Pretences they made use of And therefore tho the Lords had nothing to do with the Lower House yet to make a Clamour as if they had been wonderfully abus'd they also petition'd the Lord Deputy the same 21th of May to the effect aforesaid and in their Petition asserted That the Lord Deputy's Commission did not authorize him to make New Corporations and concluded with a Request to be excused from attending the Parliament and to have leave to wait on the King in England The Deputy told them That the Affairs of the Lower House did not concern them and therefore commanded them to attend their own House and to proceed in a Parliamentary way to the Business of the King and Kingdom But they persisted in their Obstinacy and on the 23th of May they sent him a Writing in the Form of a Petition whereby they positively refus'd to come to Parliament until the King should take some better order to settle Matters as to the Lower House for tho the Houses were distinct yet they made but One Body and were but One Parliament and they protested against all Laws that should be made in their absence and that if any be made the Subjects will reject them as disorderly and unjustly enactedâ— And this was followed with a Petition of the Commons on the 25th of May wherein in a very sawcy and undutiful manner they pressed the Lord Deputy for a sight of the King's Letters about the New Corporations and for their Charters and the Returns of all the Elections and for a Copy of his Commission to hold that Parliament and for License to send Agents to England to acquaint the King with their Complaints Nevertheless the Lord Deputy by Proclamation commanded them to their respective Parliament houses to pass the Act of Recognition of his Majesty's Title assuring them that no other Bill should be read that Session And he also sent a Messenger to every Lord particularly to Summon him to attend the House But the Commons were so far from complying that on the same day viz. the 26th of May. they presented him with a Petition Recognizing the King's Title but utterly refusing to sit in the House unless their Speaker Everard might be approved and the new Burgesses rejected And the next day the Lords did in like manner by Letter Recognize the King's Title but refus'd to come to their House until the Affairs of the Lower House were rectified and setled Nevertheless both the Popish Lords and Commons had such a great Attendance and there was so great a Concourse at Dublin from all parts of the Kingdom which probably did wait but for some Pretence to be in Action that the Government did not think fit to imprison any of the Mutineers but took a wiser Course by adjourning the Parliament that so his Majesty's Pleasure might be farther known The Recusants lost no time but sent over Agents to the King and levied a Tax upon the People to bear their Charges altho' the Deputy publish'd a Proclamation to prohibit any body to contribute to the Charge of the Agents or to levy any Tax for that purpose and assur'd the People that the Agents went over for their own private Business or Caprichio and not for the Publick Good Nevertheless it appears by the Examination of John O Drea and Donough O Drea Lib. T. T. 175. taken upon Oath before Sir Lawrence Parsons that the Tax levied by the Priests and Jesuits for these Agents was Two shillings of a Yeoman and Five shillings of a Gentleman and that the Lords Barry Roch and others carried Priests and other Firebrands of Sedition with them to the Parliament at Dublin to instruct them how to behave themselves there and that there was a Dispensation brought over from the Pope by Fryar Thomas Fitzgirald unto the whole Kingdom of Ireland or rather all the Papists in it authorizing them to forswear themselves in all Matters moved unto them by the Protestants provided they do it equivocally Ita quod interna mentâ— secus opinentur and that the Deponent saw and read it It seems that the King who was of a peaceable temper and to save Charges had improvidently reduced the Irish Army to Seventeen hundred thirty five Foot and Two hundred and twelve Horse was willing to end this Matter in the mildest manner he could and received the Irish Agents kindly and the better to inform himself in this Affair he sent for the Lord Deputy into England and order'd him to substitute Lords Justices Doctor THOMAS JONES Lord Chancellor Sir RICHARD WINGFIELD Marshal who were sworn the Fourth of March 1613. 1613. They had little to do in Ireland because by the Presence of the Lord Deputy and the Irish Agents in England that Kingdom was become the Scene of Irish Affairs which were so well managed by the Lord Deputy that the King was fully convinc'd of the Seditious Designs of the Irish and therefore on the 21th day of April at the Council-Tale at Whitehall he made the following Speech before the Irish
Agents MY LORDS THese Noblemen and Gentlemen of Ireland are called hither this day to hear my Conclusion and Determination in a Cause of great consequence Lib. C. which hath depended long in Trial. Thus far it hath had Formality for it is a Formality that Kings hold in all Processes of importance to proceed slowly to give large Hearings and to use long Debate before they give their Sentence These Gentlemen will not deny that I have lent them my own Ear and have shewed both Patience and a Desire to understand their Cause at full It resteth now that we make a good Conclusion after so long Debate It is a good Rule to observe Three Points in all weighty Businesses Long and curious Debate Grave and mature Resolution and Speedy Execution The First is already past the Second is to be perform'd this day and the Last must follow as soon after as conveniently may be I promis'd to these Noblemen and Gentlemen of the Recusant Party of Parliament Justice with Favour let them see whether I have perform'd my Promise Sure I am but for performance of that Promise I should not have given such a patient Hearing nor made such a curious Search into the Causes of their Complaints neither should I make such a Conclusion as I am now like to make of this Business In the Search tho' I doubted not of the Honour and Justice of the Lord Deputy's Government yet I dealt not with him as with my Servant not as with one the most unreprovable Governor that ever was in that Kingdom as some of your selves have acknowledg'd him to be to my self but as with a Party But after the Commissioners had heard all that could be alledged I found him indeed a faithful Servant by their Certificate which was Conclusio in Causa The Gentlemen I sent were such as no Exception could be taken against them Some were never there before some so long sithence that rerum facies fuit mutata since they lived in that Kingdom It rests in me now to set down my Conclusion but before I declare my Judgment I will speak of some things offered by you the Recusant Half-body which are called Parliament-Becusants I have heard of Church-Recusants but not of Parliament-Recusants this Difference was never before heard of First The Letter you sent unto me in the beginning of the Parliament was full of Pride and Arrogance wanting much of the Respects which Subjects owe to their Sovereign Now if I should do you Justice I should take you at your Word lay together your Offer in your Letters and the Articles which my Attorney laid open unto you then shall you see your Case For you made offer That if you failed to prove any one Point of that which was contained in your Complaint you would renounce my Favour in all ☞ yet have you scarce proved a Word true but on the other side almost every Point hath been proved contrary Of Fourteen Returns whereof you complain but Two have been proved fâ—lse and in the Government nothing hath been provad faulty except you would have the Kingdom of Ireland like the Kingdom of Heaven But commonly Offenders are most bold to make Offers of their Innocency for they being in passion begin in heat and continue in heat but when they see themselves in the Glass of their own Vanity they find their Error And this I have found in my own Experience in Scotland and since my coming hither Now I will divide my Speech into Two Parts touching the Offences done by you and your Complaints against the State and Government To the First An unusual Favour was offer'd you by my Deputy for he sent for you and advised you to consider what Laws were fit to be propounded for that Commonwealth and offer'd to concur with you Your Answer should have been Humble Thanks on your Knees but you neglected that Favour and answered by your Agent in the name of the rest That you would first be made acquainted with such Bills as the Deputy and Council there had resolv'd to transmit Before the Parliament there was sent to me by a few Men a Letter rash and insâ—lent That nothing should be pursued in Parliament but you should be acquainted with it and withal threatning me with Rebellion in a strange fashion with Similitudes unsavoury and unmannerly and unfit to be presented to any Monarch and after that you did nothing but heap Complaint upon Complaint till the Parliament was sat down The Parliament being sat you went on with a greater Contempt There were in the Lower House Two Bodies and but One Head a greater Monster than Two Heads upon One Body And whereas you should have made an humble and dutiful Answer to the Commendation which I made of a Speaker you the Recusant-party being the fewer when the greater Number went out to be numbred shut the Door and thrust one into the Chair as a Speaker manu forti After this the Recusants of both Houses depart from the Parliament The like was never heard of in France Spain or any other Kingdom of Christendom Then come Petitions to the Deputy of a Body without a Head a Headless Body You would be afraid to meet such a Body in the Streets A Body without a Head to speak nay half a Body what a Monster were this a very Bughear Methinks you that would have a Visible Body Head of the Church over all the Earth and acknowledge a Temporal Head under Christ ye may likewise acknowledge my Viceroy or Deputy of Ireland Then did the Deputy give you warning to come to the Parliament to pass the Bill of Recognition but that you put it off with Tricks and Shifts which thing I will urge no farther but why should the Lords refuse to come they had no colour of Absenting themselves having nothing to do with the Orders or Disorders of the Lower House the Lords here and the Lower House are as great Strangers in those Matters as the Parliament Houses of Spain and France neither had the Recusants of the Lower House any just Cause of Defection since an Indifferent Committee was offered to them This was such an ill Example and such a Crime to refuse to appear at the King's Summons as if you shall advise with Lawyers upon it I know not what it may import After this hither you came and only your Appeal to me hath inclined me to Mercy yet I speak not this to encourage your Complaints to be brought hither when the Deputy and State may determine them though this being a Matter of Parliament was fit for the King 's Hearing and your Appeal hath been heard and heard usque ad Nauseam And whereas it should have wrought Humility and Thanks the Fruit hath been that I will not say in a preposterous but in a Rebellious manner you have heaped Complaints upon Complaints and Petitions upon Petitions not warranted with any Truth to make the more noise whereas you should have look'd back to
matter of Parliament you have carried your selves tumultuarily and undutifully and that your Proceedings have been rude disorderly and inexcusable and worthy of severe Punishment which by reason of your Submission I do forbear but not remit till I see your dutiful Carriage in this Parliament where by your Obedience to the Deputy and State and your future good Behaviour you may redeem your by-past miscarriage and then you may deserve not only Pardon but Favour and Cherishing Hereupon they were all dismist and the Lord Deputy having O Dogharty's Estate in Inisowen given to him by the King for his good Service was sent back with Directions to hold the Parliament and so on the 27th of July 1614. Sir ARTHUR CHICHESTER Lord Deputy to Ireland and held the Parliament on the 11th day of October to which day it had been Prorogued and now were the Recusants at a stand for some invention or other to delay the Proceedings of this Parliament but could not find any other then a very simple Pretence That the Lord of Slane ought to take place of the Lord of Kerry and hereupon great Contests did arise and tho' it was formally determin'd on the 11th of November 1614. by the Lord Deputy and Council by Virtue of a special Commission yet the Lord of Slane being egged on by others of the discontented Lords desir'd are hearing which was granted and on the 18th of the same Month there was a second Debate which produced the Confirmation of the former Seâ—â—â—nce in favour of the Lord of Kerry but notwithstanding that the Lord of Slane being perswaded by the Lord of Delvin and some others of the Pale continued obstinate and refused to Sit in the House unless he might have his right place but at length being charged upon his Allegiante to appear in the House he did submit tho very unwillingly The Arguments urg'd by the Baron of Slane were 1. That his Predecessors were from the time of Henry the Second styled Barons of Slane 2. That in all Records they are named before the Lords of Kerry and particularly in a Record in the time of Edward the Second 3. That the Lord of Gormanstown had precedence of the Lord of Kerry at the Parliament 48 Edw. 3. and the Lord of Slane took place of him 4. The Lords of Kerry from 50 Edw. 3 to 1. Henry the Seventh never served the Crown nor held any Correspondence with the Government and therefore forfeited their Dignity 5. That the Lord of Kerry was indicted of Rebellion 42 Elizabeth and pleaded his Pardon last Term so that his Call to the Parliament is quasi a new Creation The Lord of Kerry answered to the first That Hussy Fippo and others that held per baroniam of the Palatines or Lords of Leinster were styled Barons of Galtrim Skrine and Bergy yet were not really Lord Barons because they did not hold their Lands immediately from the King To the Second That it is false and that there was no Regular Parliament in Ireland till 12. Edw. 3 Ergo No Lord of Parliament till that time That the Lord of Kerry was there and so was not the Lord of Slane besides the Lord Slane held his Barony of a Subject Bartholomew Burghese one of the Heirs General of Hugh de Lacy whereas the Lord of Kerry held his Barony of the King in Capite To the third it is denied that the Lord of Gormanstown was at that Parliament of 48 Edw. 3. To the fourth That it is false and is objected because the Records of those times are lost but if true makes nothing in this Case and it is notorious that in the Parliament 33. Hen. 8. and 3. and 4. Philip and Mary the Lord of Kerry had his right place To the fifth that the Lord of Kerry was not Attainted but being impeach'd was Pardoned and so he forfeited nothing and if he had not an ancient Right to Sit in the Parliament the Lord Deputy could not Summon him a new having received no Orders from the King to do so But that which was most remarkable in this Tryal was That one Velden came in and depos'd that on St. George's day 1594 in the Cavalcade at Killkenny the Lord Slane had Precedence of the Lord of Kerry and his Horse was accordingly led before the others Horse but this 〈◊〉 Witness was contradicted by the Lord Chancellor the Earl of Thomond the Lord Dunboyn and the Marshall all which affirmed that they were then at Killkenny which Velden Confess'd and they protested that the Lord of Kerry was not there at all And so the next Year viz. in January 1615. the Earls of Suffolk Paenox Lib. G. Worcester and Pembrooke who by Commission excented the Marshals Office in England did confirm the Sentence in Ireland and by their Letter to the Lord Justices determin'd the Lord of Kerryes Claim to be just This rub being removed the Parliament proceeded to business and notwithstanding the insolence of the Popish Lawyers in the House of Commons and all the Obstructions they could give these following Bills were at last passed into Acts viz. 1. An Act of Recognition reciting that Ireland which before his Majesties Access to the Crown had been subject to 〈◊〉 Rebellions Rapines and Oppressions was by his Majesties gracious Government 〈◊〉 to better Order and that he has establish'd his Government in the Hearts of his People by the General Proclamation of 〈◊〉 and 〈◊〉 Actions for Trespassis done in the War between Subject and Subject at his first coming by his special Charters of Pardon by Name freely granted to many Thousands by remitting many great Debts 〈◊〉 of â—ent and Forfeitures and by strengthning defective Titles and re-granting the Lands to them on Surrenders by erecting Court-houses and enlarging the number of the judges and by 〈◊〉 a Civil Plantation in the forfeited Paris of Ulster formerly the Neâ—â— of Rebellion to the great Security of the Commonwealth 2. An Act that all Crimes committed 〈◊〉 the Sea or within the Jurisdiction of the Admirally shall be Tried in any County according to the Rules of the Common Law by Commission to the Admiral or his Deputy and Three or Four more or any Four of them 3. An Act for taking away Benefit of Clergy in certain Cases 4. An Act for the Attainder of the Earls of Tyrone and Tyrconell Sir Cahir O 〈◊〉 and several others 5. An Act to Repeal some former Acts prohibiting Trade or Commerce with the 〈◊〉 Enemies or to Marry or Foster with them and commanding to seise them as 〈◊〉 6. An Act of Repeal of a former Statute against bringing in retaining or marrying with Scots 7. An Act for Repairing and Mending Highways and Cawseys c. 8. An Act for avoiding Private and Secret 〈◊〉 9. An Act of Obliviâ—â— and General Pardon 10. An Act for One Subsidy Analact Hib. lib. 2. Which amounted to no more than 26042 l. and yet the Irish complain'd of it as a heavy Tax tho' they did not pay
Displeasure resolv'd to send them into Ireland and therefore a Commission under the Great Seal of England was directed to Sir Dudly Digs Rushworth 55. Sir Thomas Crew Sir Nathaniel Rich and Sir James Perrot and others to inquire of sundry Matters concerning his Majesties Service in Ireland as well in Point of Government Ecclesiastical and Civil as of Revenue and to inspect the State of the Kingdom and propagate Religion settle the Government and improve the Exchequer The Pretence of this Commission was the many Complaints of the Irish against the Lord Deputy not that there was any just occasion for those Accusations but that it is always their Custom to complain of any Governour That is a good Protestant and a good Englishman as this Lord Deputy was in perfection and is therefore to the last Degree hated and scandaliz'd by the Irish Papists and it is no wonder it should be so for their Interests are Diametrically opposite to that of an English Protestant and therefore it does necessarily follow that whoever Is faithful to the English will be odious to the Irish and subject to their Clamours and Contempts However the Lord Deputy was not wanting to his own Vindication and therefore wrote to the King that he met a Cloud of malicious Enemies instead of good Subjects and that even some of the Privy Council were Spies upon him and took occasions to lessen him tho' they had no other Provocation for doing so but his Examination of a certain Patent according to his Majesties special Order and his righting the Church against their Depredations And tho' the King in Answer August 1621. assur'd him That his Reputation stood without blemish and that his Majesty had sent him some Propositions which he was ordered to observe yet the Deputies Enemies not only prevail'd to have the aforesaid Commission of inspection issued but having gain'd that Point they urged that the Commission could not have any considerable Effect whilst the Lord Deputy continued in the Government and therefore procured that a Successor should be nam'd and that being also accomplish'd in the Choice of the Lord Viscount Falkland The Lords of the Council on 25th of January did advise the King by Letter to re-call the Lord Deputy immediately and to appoint Justices till the new Deputy could go over but the King from Nâ—wmarket on the 28th of January Answers That it were dishonourable to serve one in that eminent Station so unkindly without a Crime and that the new Deputy will be there before the Commissioners can be ready to enter on Business and with his own Hand adds this Postscript It was never wont to be my Fashion to disgrace any Ancient Minister of mine before he were heard To this the Lords of the Council on the Tenth of February reply That they design no Disgrace to the Lord Deputy nor do propose but what is usual and what was done on the removal of the Lord Chichester The King answer'd again That it was so done in the Case of the Lord Chichester because he had not resolv'd who should be the Successor However the Lords of the Council prevail'd and tho' the Lord Deputy did on the Ninth of February 1621. write to the Duke of Buckingham That he is content Publick Proclamation should be made That if he had done any wrong he might suffer for it so confident he was of his Innocency yet he suspected the Design of the intended Commission was to scandalize him and to that end the Commissioners were partial and therefore desires that iâ— the Bent of that Commission be against him then indifferent Men should be employ'd and if only Publick Good were design'd by it that then he might be one of the Commissioners yet he could not prevail in any of his Requests but was in May following remov'd tho' he was afterwards found not only Innocent but so deserving that he was soon after his Return created Viscount Grandison of Limbrick in Ireland Baron Trogose of Highworth in England Lord High Treasurer of Ireland and Privy-Counsellor of both Kingdoms ADAM LOFTUS Viscount ELY 1622. Lord Chancellor RICHARD WINGFIELD Viscount POWERSCOURT were sworn Lords Justices on the Fourth day of May and soon after received a Letter of the 29th of May from his Majesty ordering them to allow the new Lord Deputy Falkland his full Entertainment and all Perquisits c. from the day the Lord Grandison surrendred the Sword abating thereout for themselves at the Rate of 2000 l. per Annum for the time till he receives the Sword and that the House and Grounds of Kilmainham and the Port Corn be likewise reserved for the New Lord Deputy And it seems that these Lords Justices had seised the Lord Grandison's Papers after his removal for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants and another Letter of the Twenty fourth of October was sent to the new Deputy to pay the Lord Grandison 230 l. for the Charges of his Voyage to England And on the 24th of July the King reciting That by a former Patent of the Second of November 1620. he had granted unto Sir William Irwing Two third parts of the forfeited Recognizances of Alehouse-keepers which his Majesty did intend to resume he therefore orders the Lords Justices to accept of Sir William's Surrender and in lieu thereof and for his Services to grant him the Fifth part of all the Profit of Ale-Licences for Twenty one Years commencing from the making of the Act of State for paying Three shillings six pence for every Licence But these Commissioners that went to Ireland were very busie in inquiring into the Misgovernment that was so loudly and bitterly complain'd of but they found by experience Rushw 17â— that too many of the Irish will complain without Cause However they publish'd new Instructions in print for the more orderly Government of the Courts of Justice and did declare That for the future the Council-Table should not administer an Oath in Matters of Interest or Title or in Complaints between Party and Party but should keep it self within its proper Bounds and afterwards November 7. 1625. a Proclamation was published to the same Effect These Commissioners did also make an Estimate of the Revenue and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was in Harps i.e. Nine-pence pieces stamped with a Harp on one side which passed for a Shilling in Ireland so that Twenty shillings Irish was but Fifteen shillings Sterling but how much they were mistaken in their Computation will appear by a Table of their Estimate and an Account how the Revenue stood Anno 1632. 1622. 1632. First They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts and so there would be saved per Annum 2657 l. 6 s. 8 d. But the Profits of those Courts do not amount to near that Sum and whatever they
of March 1625 having in his Life-time created the Irish Nobility hereafter mentioned viz. February 23d 1603. Rory O Donell Earl of Tyrconnel February 23d 1615. Sir Arthur Chichester Baron of Belfast since Earl of Donegal July 14th 1616. Brabazon Baron of Ardee since Earl of Meath September 29th 1616. Sir Richard Boyle Baron of Yough-hall afterwards Earl of Corke May 25th 1617. Ridgeway Baron of Galenridgeway since Earl of London-Derry July 20th 1617. Moor Baron of Melefont since Earl of Drogheda Septemâ—er 6th 1617. Touchet Earl of Castlehaven and Baron Orior February 17th 1617. Lambert Baron of Cavan since Earl of Cavan Ibid. Bourk Baron of Brittas May 8th 1618. Hamilton Baron of Strabane January 31st 1618. Blunt Baron Mountjoy Ex. June 29th 1619. Mac Donald Viscount Dunlucâ— since Earl and Marquess of Antrim February 19th 1619. Sir Richard Wingfeild Viscount Powerscourt July 1620. Preston Earl of Desmond Viscount Dunmore Ex. May 1621. Dockwray Baron of Culmore Ex. Ibid. Blany Baron of Monaghan March 1st 1621. Henry Power Viscount Valentia Ex. Theo. Butler Viscount Tullagh THE REIGN OF CHARLES I. KING OF England Scotland France AND IRELAND CHARLES the only surviving Son of the Deceased King James 1625. by undoubted Right succeeded his Father in all his Dominions on the 27th day of March 1625 and was accordingly Proclaimed the same day and on the 23d day of June following he was Crowned at the Abby of Westminster with great Solemnity and as to Ireland HENRY Viscount FALKLAND was continued Lord Deputy and other inferior Officers likewise were confirmed in their respective Places but the Affairs of England being not a little out of Order the Irish took advantage thereof to be very high and insolent at home to which they were much encouraged by the Bull of Urban the 8th of the 30th of May 1626. to the English Catholicks exhorting them rather to loose their Lives then to take Noxium illud illicitum Anglicanae fidelitatis Juramentum 1626. quo non Solum id agitur ut fides Regi servetur P. W. Remonstrance 11. sed ut sacrum Universae Ecclesiae sceptrum eripatur Vicariis Dei Omnipotentis that pernicious and uâ—lawful Oath of Allegiance of England which his Predecessor of happy Memory Paul 5th had condemned as such Hereupon it was found necessary to increase the Army to the number of Five thousand Foot and Five hundred Horse the Charge whereof amounted unto 64240 l. 1 s. 2 d. which was more then the Kings Revenue out of which the Civil List was nevertheless to be paid so that it was necessary to find out some other Bund for the support of the Army and until that could be done the Lord Deputy and Council on the 14th of September by their Letters did recommend several Troops and Companies of the Army to the Counties and Towns of the Kingdom to be maintained for three Months and so from three Months to three Months until the last day of March 1628 and this whole Charge or Incumbrance on the Countrey was estimated at 36951 l. 6 s. 7 d. ½ and in the King's Letter of the 22d of September 1626. to raise this Army and that the Countrey should maintain it with Money Cloaths and Victuals his Majesty promises in lieu thereof to Grant certain Graces to the Countrey and particularly to suspend the Composition But the Gentlemen that were Agents from Ireland did to ease the Kingdom from that oppression offer to pay 40000 l. a Year for three Years in the nature of three Subsidies and to pay it quarterly from the first of April 1628. which was accepted of and the same was Paid accordingly until the first day of October 1629. On the 16th of May 1626. 1626. The King reciting a Complaint of Sir Samuel Smith's against the Lord Chancellor and that there was difference between the Lord Deputy and Chancellor 1. Because the Chancellor refused to Seal some Patents offered to him 2. Because he denied to appoint Judges for Circuits when thereunto required by the Deputy 3. Because he refused to appoint Justices of Peace at the Lord Deputies Nomination and made one Justice of the Peace against his Express prohibition to which the Lord Chancellor made Answer That in the first Case there was matter of Equity Convenience of State and Question in Law unresolved and that in the sesond Case he had directions in the time of King James and that in the third Case it was the Priviledge and Jurisdiction of his place Therefore the King orders That the Chancellor bear fitting respect to the Lord Deputy who is his Majesties Representative and as to the Matters in Debate if the Chancellor refuse to Seal any Patent in question for Reasons of State that the Cause be debated in Council and if then they think it fit and the Chancellor still refuses till he has appeal'd to his Majesty as he may it shall be at his Peril if the State suffer by his delay if the Question be in Law that the Judges decide it and if the Chancellor be not satisfied therewith he ought to appeal to the King for farther Directions and particularly about the Patent for Tanning Leather As to the Second if the Chancellor will not appoint Judges as the Lord Deputy desires that then it be refer'd to the Council-board and their Sentence be definitive as to that And as to the Third the Chancellor will not refuse to make any Man a Justice of the Peace recommended by the Lord Deputy if he does that then the Order of the Council-Table shall govern that Matter and in all these Cases it becomes the Chancellor to repair to the Deputy and acquaint him with his Reasons whenever he refuses And as for Sir Samuel Smith's Complaint his Case was that he had the sole Nomination of those that should be Licensed to Sell Aquavitae and did set that Priviledge to one Miagh for the County of Cork the King appoints the Chief Justice Chief Baron and Sir John King to Arbitrate that Matter and to make Reparation to Miagh whose Patent must be called in because he is an infamous Person and unfit for that Trust and a new Patent for that County must be Granted to whom Sir Samuel Smith shall name In the same Month of May the King sent an Order to the Lord Deputy to make a Lord High Steward c. for the Tryal of the Lord of Dunboyn by his Peers upon an Indictment found against him in the County of Typerary for killing a Man and in January after the Earl of Marleburgh Duke of Buckingham and the Lords of Pembrook Dorset Grandison Conway and Carlton and Sir Richard Weston were made Commissioners or rather a Committee for Irish Affairs And on the Eighth of February Edward Brabazon Baron of Ardee was ordered to be Earl of Catherlogh but for what Reasons I know not he had not that Title but was afterwards made Earl of Meath And on the Second of March his Majesty sent an Order
for Sir William Saintleger to be Lord President of Munster And on the Fifteenth of March he ordered the Vice-Treasurer to pay what the Lord Deputy and Eight Privy-Counsellors should think fit for the Charges of the Lord Deputy's Progress On the Ninth of May 1627. upon Complaint of the Lord Courcy That Sir Dominick Sarsfeild had obtained the Title of Viscount Kinsale it was referred to the Lord president of the Council the Steward of the Houshold Earl of Totness Viscount Grandison and Chancellor of the Dutchy who report That the Lord Courcy and his Ancestors were Lords Courcy and Barons of Kinsale and Ringrone And thereupon the Defendant endeavor'd to carry the Barony to another Line and also alledged an Attainder but made out neither and then he propos'd That both Titles were consistent one to be Baron and the other to be Viscount of Kinsale But that being not thought convenient his Majesty orders That Sir Dominick quit the Title of Kinsale but retain the Name and Precedency of Viscount Sarsfeild and chuse some other Place to denominate his Honour and afterwards he did so and was created Viscount Killmallock And on the 24th of July the King orders That Nathaniel Catlin his second Serjeant at Law should have Precedence of the Attorney-General and Sollicitor-General and in February following his Majesty likewise gave Orders to make a new Examinator for the Court of Chancery there being but one Examinator in that Court before that time But in order to make the Papists the more willing to bear the great Charge of the Army and to consent to a constant Tax for its Support certain Propositions were set on foot in their favour viz. to suspend all Proceedings against them for Marriages and Christnings by Priests and to give them liberty of Suing out Liveries and Ouster le mains without taking the Oath of Supremacy with design to introduce a more Publick Toleration of Religion for which a good Sum of Money should be paid to his Majesty to maintain the Army to which end a Great Assembly of the Nation was Convok'd by the Lord Deputy But the Protestant Archbishops and Bishops abhorring this gross and scandalous Proposal did on the 26th day of November 1626. at the Lord Primate's House unanimously vote and subscribe the following Protestation viz. The Judgment of divers of the Archbishops and Bishops of Ireland Life of Archb. concerning Toleration of Religion Vsher 28. THe Religion of the Papists is Superstitious and Idolatrous their Faith and Doctrine Erroneous and Heretical their Church in respect of both Apostatical To give them therefore a Toleration or to consent that they may freely exercise their Religion and profess their Faith and Doctrine is a grievous Sin and that in two Respects For First It is to make our selves accessory not only to their Superstitions Idolatries and Heresies and in a word to all the Abominations of Popery but also which is a Consequent of the former to the Perdition of the seduced People which perish in the Deluge of the Catholick Apostacy Secondly To grant them a Toleration in respect of any Money to be given or Contribution to be made by them is to set Religion to sale and with it the Souls of the People whom Christ our Saviour hath redeemed with his most precious Blood And as it is a great Sin so it is also a Matter of most dangerous consequence the Consideration whereof we commit to the Wise and Judicious beseeching the God of Truth to make them who are in Authority zealous of God's Glory and of the Advancement of True Religion zealous resolute and couragious against all Popery Superstition and Idolatry Amen Ja. Armachanus Mal. Casellen Anth. Medensis Tho. Ferns Leghlin Ro. Dunensis Georg. Derensis Richard Cork c. Andr. Alachadens Tho. Kilmore Ardagh Theo. Dromore Mic. Waterford Lismore Fra. Limerick This zealous Protestation of the Bishops against Popery which Downham Bishop of Derry read to the State in the midst of his Sermon at Christchurch on the 23th day of April 1627. drew on a Remonstrance from the House of Commons in England to his Majesty to this effect That the Popish Religion was publickly profest in every Part of Ireland and that Monasteries and Nunneries were thsre newly erected and replenished with Votaries of both Sexes which would be of evil Consequence unless seasonably repress'd These two extraordinary Actions put a stop to any farther Endeavors for the publick Exercise of Popery at that time Nevertheless because the Irish Agents in England did consent to the payment of 120000 l. in three Year it was thought reasonable that the King should signifie his Gracious Acceptance thereof by conferring some extraordinary Favours on the Agents and Contributors And therefore the King did on the 24th day of May not only grant them the following Graces which were transmitted to Ireland by way of Instructions to the Lord Deputy and Council but also sent with it a Letter recommending the Lord of Killeen and the Lord Poer and the rest of the Irish Agents to the Lord Deputy's Favour desiring that he would order such Moneys to be paid them by the Country as they were promis'd for their Agency and that he should issue necessary Warrants and Directions for levying the same Instructions to be observed by Our Right Trusty and Well-beloved Cousin and Counsellor Henry Lord Viscount Falkland Our Deputy-General of Our-Realm of Ireland and by Our Council there and by the Deputy or other Chief Governor or Governors and Council there which hereafter for the time shall be and by all other Our Officers and Ministers whom it may severally or respectively concern I. AT the humble Requests presented unto Us on the behalf of Our Subjects of Ireland upon mature Consideration had thereof and by the Advice of Our Privy-Council We are graciously pleased in the first place to order and direct for the better Preservation and Ease of our said Subjects that Our Soldiers there be called in and limited to the most Serviceable Garrisons and that they be not called from thence upon any Pretence but against the Enemy or Rebel that makes Head II. For the Collection of Our Rents in case of Default That first a Summons Process shall issue Secondly That a Purâ—uivant be sent and Lastly If this be not sufficient in case the Sum be of value that then Our Vice-Treasurer by Warrant from Our Deputy and Council shall appoint a competent Number of Soldiers of the next adjoyning Garison to collect Our said Rents at the Charge of the Parties complained of having care that any Man be not burdened with a greater number of Soldiers than the Service shall necessarily require III. And when Necessity requires the Marching of Our said Soldiers against the Enemy or Rebel That the Officers imploy'd shall give Ready Money or Ticket to be defalked out of their Entertainment and duly paid into the Country upon demand without taking Money Pawns or Distresses but such Meat and
of his Lands granted to any other the Barons of the Exchequer are to discharge the same upon sight of a Certificate That the Outlawry is reverst without any further Plea paying only Five shillings Sterling for entring the Certificate and Discharge LI. No Person is to be compelled to plead to any new Charge upon the Lands in his possession unless any Inquisition or other Matter of Record besides the New Patent appear to charge the Land therewith and the New Charge to be past insuper upon the New Patentee and Process to issue against him and his Lands and not against the other But the Protestants who bore above a third part of the Publick Charge were not a little troubled that they should buy Graces and Immunition for the Irish And on the other side the Papists did not at all â—â—â—der the Protestants part of the Contribution but valued themselves as if they had paid all and ascribed the whole Merlt of that Largess to themselves and upon that and the aforesaid Condescensions made them by the King they grew so insolent and troublesom that the Lord Deputy was necessitated to mortifie them by a Proclamation against the Popish Regular Clergy which issued the First day of April Bishop Vsher's Letters 407. 1629. and imported That the late Intermission of Legal Proceedings against Popish pretended Titulaâ— Archbishops Bishops Abbats Deans Vicars-General Jesuits Friars and others of that sort that derive their pretended Authority and Orders from the See of Rome in contempt of His Majesty's Royal Power and Authority had bred such an extraordinary Insolence and Presumption in them as he was necessitated to charge and command them in His Majesty's Name to forbear the Exercise of their Popish Rites and Ceremonies Hereupon they grew uneasie and complain'd that the Tax was too heavy and at length they gain'd their Point and in stead of 10000 l. Quarterly the Government condescended to take 5000 l. per Quarter from the First of October 1629. until the rest of the aforesaid 120000 l. should be paid But the Proclamation against the Popish Regular Clergy was baffled and ridiculed every where It was read in Drogheda by a drunken Soldier in such a ridiculous manner that it seemed like a May-game and was rather Sport than Terror to the Auditors It was so despised and contemned by the Popish Clergy that they nevertheless exercised full Jurisdiction Bishop Vsher's Letters 423. even to Excommunication and they not only proceeded in Building Abbies and Monasteries but had the confidence to erect an University at Dublin in the Face of the Government which it seems thought it self limited in this Matter by Instructions from England Nor was the Beauty of the Protestant Church sullied by its avowed Enemies only Bishop Bedel's Life 44. it was more defaced by its pretended Friends and Members Things Sacred were exposed to â—ale in a most sordid and scandalous manner Parsonages and Episcopal Sees were impoverished and their Revenues were alienated and incumbred to that degree that both the Bishopricks of Kilmore and Ardagh were not sufficient to support a Bishop that would not use indirect Means to get Money and the Churches were generally out of Repair Nevertheless Complaints were made by the Irish against the Lord-Deputy for Mal-Administration of the Government and though the Earl of Strafford his Successor Rushw 160. has assured us that this Lord-Deputy proceeded as honourably justly and nobly as any Man could do and though the Council did on the 28th of April 1629. write a kind and true Letter in the Vindication of his Innocence yet he was soon after removed and ADAM LOFTUS Viscount ELY Lord Chancellor And RICHARD Earl of CORKE 1629. Lord High Treasurer were Sworn Lords Justices on the 26th day of October and were allowed by the King One hundred pounds apiece every Kalendar Month They immediately directed that the Papists should be prosecuted for not coming to Church and accordingly the Statute of 2 Eliz. was given in charge at the Assizes but by Directions from England that Prosecution was superseded Nevertheless these Lords Justices 1630. being exceeding zealous against Popery caused St. Patrick's Purgatory in a small Island called Ilan de Purgadory in Logh Dirge in the County of Donegall to be digged up and thereby discovered that notorious Cheat to the World to the great loss and disgrace of the Popish Clergy who made vast Advantages of that ridiculous Sham. But there are a restless sort of Men in the World who are not to be daunted or put out of Countenance by any mischance whatsoever and therefore notwithstanding the aforesaid disaster and although the Popish Clergy were so debauched and ignorant that the bitterest Sarcasm that ever was put upon the Protestants was by an Irish-man Bishop Bedel's Life 76. who said That the King's Priests were as bad as the Pope's Priests yet did this unquiet Generation begin to rant it again in Ireland to that degree that a Priest being seized in Dublin was rescued by the People so that by their Insolencies they put a Necessity upon the Lords Justices to humble them Whitlock's Memoirs 15. and by Direction from the Council of England to seize upon 15 of their new Religious Houses to the King 's Use and their principal House in Back-lane in Dublin was Anno 1632 disposed of to the University of Dublin who placed therein a Rector and Scholars and maintained a weekly Lecture there which the Lords Justices often countenanced with their presence but afterwards in the Lord Strafford's time the House was disposed of to the former Use and became a Mass-house again In the Year 1631 the Earl of Castlehaven was tryed 1631. condemn'd and Beheaded in England Whitlock's Memoirs 16. for strange and prodigious Crimes not fit to be particularized or related of so Ancient and Noble a Family And this Year the King taking Notice of the increase of Popery in Ireland sent a Gracious Letter of Admonition to the Bishop of Armagh Bishop Vsher's Life p. 38. to be communicated to the rest of the Bishops thereby exhorting them to the careful Exercise of their Duty and to avoid all Abuses in disposing of Benefices And in the Year 1632 the aforesaid Subsidies or extraordinary Contribution being determined the Countrey finding the necessity of paying the Army to prevent their paying themselves did consent to continue the levying of Twenty Thousand Pounds per Annum quarterly for two Years more But the Irish valuing themselves upon this Bounty and thinking the Army could not he supported without their Contribution began to be very unruly again and though the Broils they made were soon appeased yet it was thought necessary to send over the new Lord-Deputy Wentworth and accordingly Conveniencies were prepared for him both in Ireland and England For on the Tenth of April 1632. 1632. he obtain'd an Order for making a new Great Seal new Signet and new Seals for all the Courts and on
not to be named did very much scandalize the Patrons of his Preferment Nevertheless his unparallel'd Repentance and the most Pious manner of his Death hath obtain'd for himself the Pity of all good Men and undoubtedly the Mercy of God And it is observable 1637. that the Earl of Cork and this Bishop Atherton did on the 27th of June 1637. joyn in a Petit on to the Lord Deputy and Council to appoint Arbitrators to decide their Controversies and accordingly the Bishop of Derry and the Master of the Court of Wards were Assigned to that purpose and in their Adward which I have seen they recite that the Bishopricks of Waterford and Lismore by the Alienations of former Bishops were left worth but Fifty pound per Annum Revenue in Land and that the Earl had not purchased any thing immediately from the Church but from other Persons for valuable Considerations near Forty years before yet out of Love to Religion and the Professors thereof he was contented to part with some of his Right and so they Adwarded Lismore c. to the Earl and Ardmore c. to the Bishop and this Adward was afterwards confirm'd by the Lord Lieutenant and Council and after that by the King Anno 1638. 1638. Doctor Bedell Bishop of Killmore held a Synod in his Diocess which was a thing very strange and unusual in Ireland Nevertheless it made excellent Cannons or Constitutions which are to be sound in Bishop Bedell's Life pag. 237. But Matters growing high in Scotland and England the Lord Deputy went over to the King and left ROBERT Lord DILLON of KILLKENNY WEST Sir CHRISTOPHER WANDESFORD Mr. of the Rolls Lords Justices who were Sworn on the 12th of September 1639. and soon after call'd a Parliament which met on the 16th day of March but did little or nothing until THOMAS Earl of STRAFFORD returned Lord Lieutenant on the 18th of March 1639. and on the 20th the Irish Parliament met again and Granted four entire Subsidies to the King and were on the 17th day of June prorogued to the First day of October following having first made the Twelve Acts to be found at large in the Printed Statutes 15 Car. 1. The first of these four Subsidies was Assessed at 46170 l. but the Second and Third of these Subsidies being in the absence of some Protestant Members with the Army at Caricfergus upon the Motion of Nicholas Plunket Assess'd in another manner did not together amount unto more then 23768 l. 15 s. 0 d. and the Fourth Subsidy was never Taxed at all by reason of the Rebellion that ensued And it is to be Noted that the Protestants paid more than one Third of the Commons part of the Subsidies besides 26480 l. 6 s. 0 d. Granted in Fourteen Subsidies by the Protestant Clergy only and above Three fourths of the Nobilities part of these Subsidies or more for the Nine Subsidies on the Nobility came too 52850 l. 18 s. 4 d. whereof the Confederate Lords paid but 10620 l. 18 s. 4 d. and it is very remarkable that foreknowing the Rebellion as undoubtedly they did they paid not one Penny of the Second or Third Subsidies and the Commons paid so little that of the Three Subsidies on them there was in Arrear when the Rebellion broke out 23855 l. 9 s. 7 d. And yet these Gentlemen or their Advocates have bragged in some of their Libels That they gave the King near a Million of Money But to proceed The Lord Lieutenant upon the Credit of these Subsidies and the annual Revenue which now was improv'd to above 80000 l. per Annum was enabled to raise Eight thousand Foot and One thousand Horse additional to the Veteran◠〈◊〉 they cost the Kingdom in raising clothing and paying them 204057 l. and were design'd to sudue the Rebells in Scotland and awe the Mutineers in England but being mostly Papists who were thereby Train'd to the use of Arms this Army was so offensive to all moderate and thinking Protestants that it brought great dis-repute and prejudice on the Kings Affairs and in the end cost the Lord his lieutenant his Head The Lord Lieutenant was exposed to the Hatred of the Presbyterians Husbands Collections 2 part 245. for imposing a new Oath on the People hereafter mentioned which was so much abhorr'd by many that they quitted the Kingdom rather then take it and he was open also to the Jealousies of the Protestants by bringing over with him Sir Toby Mathews a Jesuited Priest and by the Correspondence that was known to be between Paul Harris another plotting Priest and Sir George Ratcliff the Lord Lieutenant's intimate Friend and by suffering Publick mass-Mass-houses at the Naas so near his own House and by permitting Fryars to dwell in a House of his own which he had built to other Uses But notwithstanding all this it is certain he was no Friend to Popery but only temporiz'd until he should meet with a more proper Season to go through with that Work as himself expresses it About this time Archibald Adair who had been Bishop of Killalla since the Year 1630 was deprived of his Bishoprick upon this Occasion One Corbet a Clergy-man that fled from Scotland for writing a Satyrical Book against the Covenanters called Lysimachus Nicanor was sent to this Bishop for Preferment but he being a moderate Man and perhaps too indulgent to his own Nation did not approve of Corbet that had handled the Scots so severely and therefore he gave no countenance to him but on the contrary told him That it was a bad Bird that foul'd his own Nest which was the sharper because Corby in Scotch signifies a Raven And when Corbet told him That he had hardly escaped with Life but had left his Wife to try the Humanity of the Scots the Bishop replied That he had left her to a very base Office And other things he said which the Government thought too favourable to the Govenanters and tho' they would not be much considered at another time yet now was thought a sufficient Cause of Deprivation and Doctor John Maxwell was made Bishop in his room but the next Year after the Execution of Atherton Bishop of Waterford Adair was made Bishop of that See Nor should it be omitted That this Bishop Maxwell a most excellent Preacher and a hearty Royalist was nevertheless wounded stript naked and left amongst the Dead by the Irish Rebels whose Skeins never distinguished between a Prelate and a Fanatick But the Bishop was accidentally preserved by the Earl of Twomond who travelled that way towards Dublin and afterwards went to the King to Oxford and was the first Man that convinced the King of the innate Hatred the Irish Rebels bore to all those of the Protestant Religion But let us return to the Lord Lieutenant who went again to England to give the King an Account of the good Posture of Affairs in Ireland leaving in his stead Sir CHRISTOPHER WANDESFORD Master of the Rolls
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
and Oliver Castells 1. That the Nobility wer over-taxed in the Subsidies 2. And were kept Close Prisoners tho' not Impeach'd of any Capital Crime 3. And could not get Licence to absent unless they leave their Proxy with one of the Chief Governors naming 4. That some have Titles of Honour that have no Lands in the Kingdom 5. That the Nobility were stop from going to Petition the King 6. That Trade is decayed by Illegal Taxes as Twelve pence apiece on Hides 7. That Causes are arbitrarily decided at Council-board and in other improper Judicatories 8. That Paâ—ents are made void extrajudicially on private Opinions 9. The Monopolies of Tobacco Starch Sope Glass Tobacco-pipes c. 10. The Procedings of the High-Commission 11. The exorbitant Fees and pretended Customs exacted by the Clergy 12. The Proclamation against buying Gunpowder but out of the Store and restraining Hunting within Seven Miles of Dublin 13. That the Parliament in its Members and Actions hath not had its natural Freedom 14. That the Subject is denied the Benefit of the Act of Limitation 15. The taking excessive Fees 16. The Seizing of Linen Yarn and Cloth for not being exact according to Rule 17. The Oppressions of Officers And in this Parliament on the Fourth of March Captain Audley Mervin brought up an Impeachment of High-Treason from the Commons to the Lords against Sir Richard Bolton Lord Chancellor John Lord Bishop of Derry Sir Gerrard Lowther Lord Chief Justice of the Common-Pleas and Sir George Ratcliff and made an eloquent Speech on that Occasion The Charge consisting of Three Articles was General for subverting the Laws and introducing Arbittary Government by extrajudicial and unjust Decrees for inflicting infamous Punishments by Pillory c. on Persons of Reputation and subverting the Rights of Parliament But it seems there was a Dispute raised Whether the House of Lords in Ireland had Power of Judicature in Capital Cases Whereupon Captain Audley Mervin made a most excellent Speech in the Lords House in Parliament 24 May 1641. And afterwards he Impeached Sir George Ratcliff then in the Gate-house Westminster in the Parliament of England of the aforesaid Articles and adds That he joyned with the Earl of Strafford in taking out Eighty thousand Pounds out of the Exchequer to buy Tobacco and that he countenanced Papists to build Monasteries c. On the Sixteenth of March 1640. Secretary Vane sent the Lords Justices the following Letter by His Majesty's Command Right Honorable HIS Majesty hath commanded me to acquaint your Lordships with an Advice given him from abroad and confirm'd by His Ministers in Spain and elsewhere which in this distemper'd Time and Conjuncture of Affairs deserves to be seriously considered and an especial Care and Watchfulness to be had therein Which is That of late there have passed from Spain and the like may well have been from other Parts an unspeakable number of Irish Churchmen for England and Ireland and some good old Soldiers under pretext of asking leave to raise Men for the King of Spain whereas it is observed among the Irish Fryars * * In Spain there a Whisper runs as if they expected a Rebellion in Ireland and particularly in Connaught Wherefore His Majesty thought fit to give your Lordships this notice that in your Wisdoms you might manage the same with that dexterity and secrefie as to discover and prevent so pernicious a Design if any such there should be and to have a watchful Eye on the Proceedings and Actions of those who come thither from abroad on what pretext soever And so herewith I rest Your Lordships most humble Servant HENRY VANE In the mean time the Earl of Strafford came to his Tryal in England and it was the most Solemn that ever was in that Kingdom and at length he was Attainted by Act of Parliament and accordingly beheaded on the 12th day of May 1641. and the Earl of Leicester was the same day appointed Lord Lieutenant of Ireland in his stead His Tryal is excellently wrote at large by Mr. Rushworth to which I must refer the curious Reader but because every Man has not that Book by him I have Cursorily extracted so much of it only as I thought pertinent to his History wherein if I have not been very exact it was because the Inquisitive may easily inform themselves as well as I by having recourse to the Original which I had not leisure to examine more carefully than I have done The Third Article which is the First relating to Ireland is that he should say That Ireland was a conquer'd Nation and that the King might do with them what he pleased and that the Charters of the Corporations were worth nothing and did bind the King no farther than he pleased To which the Earl Answers That he never spoke those words and that the Scope and Intent of what he did say was to ingratiate his Majesties Government to the People and that his words were well accepted at that time however they come to be resented now That the Charters of Dublin were Anno 1634. brought before the Council and still are in the hands of the Clerk of the Council because besides other Abuses the Papists of that City engrossed all the Trade and denied Liberty to such as came out of England to set up there which he hath so far remedied as that there are Three Englishmen now in Dublin for One that was there when he came to the Government and the Charters are not Condemned but enjoyed to this day so that he aim'd at a Reformation in favour of the English but did not design the Destruction of the Charters The Fourth Article was That the Earl of Cork having begun a Suit at Law to recover a Possession he had lost by Colour of an Order from the Lord Deputy and Council the Lord Deputy threatned to imprison him unless he would surcease his Suit saying That he would have neither Law nor Lawyers dispute or question his Orders and that he said upon another the like Occasion That he would make the Earl of Cork and all Ireland know that so long as he had the Government there any Act of State there made or to be made should be as binding to the Subjects of that Kingdom as an Act of Parliament and that he question'd that Earl in the Castle-Chamber upon Pretence of a Breach of an Order of Council-Table To this the Earl of Strafford answered That the Council-Table was a Court of Record in Ireland wherein they proceeded formally by Bill Answer Examination of Witnesses c. and therefore the Orders of it are binding and ought to be obey'd he denies he compar'd it to a Parliament and denies that the Earl of Cork was prosecuted for disobedience of an Order of Council only The Fifth Article was That in time of Peace 12th of December 1635. he did give and procure to be given Sentence of Death against the Lord Mountnorris at a Council of War for saying of an Accidental
the last Six years over and above 3 d. per Pound Impost and that he had the Consent of the principal of the Council and the Approbation of his Majesty who consented to an Act of Parliament for the Confirmation of it that the Council Sign'd the Proclamations and if any were Pillory'd Whipt c. it was for Perjury or like Crimes and the Fines were only in terrorem little of them being Levied and concludes that he is no Gainer by that Monopoly The Thirteenth Article was That he also Monopoliz'd all the Flax of the Kingdom by his Proclamations of 31st May 12 Car. 1. and 31st January in the same year prescribing and enjoyning Rules and Methods of making Yarn and Thread which the unskilful Natives could not Practise and ordering all Linen Yarn and Thread made in any other manner to be seized which was accordingly executed with Severity whereby multitudes were undone and many Starved To which he Answers That what he did was to incourage the Linen Manufacture in Ireland and to â—â—â—ing the Irish to a more Artificial way of making Linen Yarn Thread and Cloth that the Council concurr'd in the Proclamations which are Temporary Laws in Ireland and that he was a Loser of 3000 l. by this Project for the Good of that Country that the evil Consequences if any were Collateral and Accidental and that the misdemeanors of inferior Officers could not be Charged on him That he never used more than 400 l. worth of Yarn in a Year which could not undoe much less Starve such multitudes as they pretend The Fourteenth was That he impos'd a new Oath to make true Invoyce c. on Masters of Ships c. but the Managers declin'd this Article The Fifteenth was That he Arbitrarily impos'd Illegal Taxes on the Towns of Bandonbridge Baltimore Tallow c. and Cessed Souldiers on them till they paid them and by force of Arms expell'd Richard Butler from Castlecumber and imprison'd several of the O Brenans and their Wives and Children until they surrendred and releas'd their Rights and Estates To this the Earl Answers That when the Country granted the King 120000 l. in Nature of a Subsidy it was agreed between the Lord Deputy Falkland and Them that it should not be entered upon Record but be Levied by Captains by Paper Assignments by Warrant from the Lord Deputy and so it was done and the Money levied on Bandon c. was Arrears of that Contribution and it was levied without Force and that Castlecumber was Legally evicted and what Soldiers were sent there being but twelve were sent to Guard Mr. Wandesford's House against Tories but used no Force to Mr. Butler or any quiet Subject and that it was usual in Ireland to lay Soldiers on Delinquents The Sixteenth Article That he procured his Majesties Order 17th February 1631. that no Complaint should be received in England about Irish Affairs until it were first made in Ireland to the Lord Deputy and that by Proclamation of the 17th of September 11 Car. 1. All Persons that had Estate or Office in Ireland except such as had imployment in his Majesties Service in England or attended there by his special Command should reside in Ireland and not depart without Licence whereby People are hindred from complaining against the said Earl And One Parry hath been punish'd for so doing To this he Answers That it was by him and the Council conceived fit to prevent unnecessary Clamours here but that he never denied Licence except to the Lords of Cork Mountnorris and Roch because there were Suits against them in the Castlechamber and to Sir Frederick Hamilton by the Kings Command which was taken off when he knew the Design of his Voyage was to complain against him and to Lord Esmond for a short time because he was Major General of the Army and he saith that Parry was punish'd for other Misdemeanors by the Consent of the whole Council The Nineteenth was Rushw 494. That by Proclamation of May 20. 1639. he imposed a New Oath viz. I N. do faithfully swear profess and promise That I will honor and obey my Sovereign Lord King CHARLES and will bear Faith and true Allegiance to Him and will defend and maintain His Regal Power and Authority and that I will not bear Arms nor do any Rebellious or Hostile Act against him or protest against any his Royal Commands but submit my self in all due Obedience hereunto And that I will not enter into any Covenant Oath or Bond of mutual Defence or Assistance against all sorts of Persons whatsoever or into any Oath Covenant or mutual Defence or Assistance against any Person whatsoever by force without His Majesty's Sovereign and Regal Authority And I do renounce all Covenants contrary to what I have sworn and promised So help me God in Christ Jesus And that he grievously fined those that refused to take it and particularly Henry Stewart and his Wife were fined 5000 l. apiece and their two Daughters and James Gray Three thousand Pounds apiece and imprison'd them for not paying it and explain'd the Oath to oblige in point of Allegiance to the Ceremonies and Government of the Church establish'd and to be establish'd by His Majesty's Authority and that he would prosecute to the Blood such as should disobey c. whereby many were undone and more fled the Kingdom and that he said If he return'd again he would root out Stock and Branch of the Dissenting Scots To this he answers That it was in a dangerous Time and for the Security of the Kingdom and upon their own Petition and that he had His Majesty's Orders for it dated 16 January 1638. That as to the Fine of Stewart c. it was setled before it came to his Vote so that he did but concur with the rest and that he did not speak against the Scotish Nation but against the Scotch Faction of the Covenanters The Twenty second Article was That he procured the Irish Parliament to declare their Assistance in a War against the Scots and gave Directions for Raising Eight thousand Foot and One thousand Horse which were most Papists and confederated with Sir George Ratcliff to employ that Army to Invade England and subvert the Fundamental Laws and Establish'd Government thereof To this he answers That he rais'd that Army by His Majesty's Order and denies any other Design than to assist and serve the King as they ought There was also some mention made about one Trueman who was executed for a Plot to betray Carigfergus to the Scots touching whom Sir John Clotworthy made this Deposition That Trueman was an Englishman that dwelt not far from Carigfergus and one that was sent about the Country but by whom he knows not but there were vehement Suspicions that he was employ'd to find out those that would engage in Discourse concerning the Scotch Business He spake with one Captain Giles who feigned himself a great Friend of the Scotish Nation and said That he
Parsons by Owen O Conally an Irishman but bred a Protestant by Sir John Clotworthy and he being drunk told his Story so odly and delivered this surprizing Information so incoherently that small regard was had to what he said and therefore he was dismissed with Directions to make farther Discoveries if he could Nevertheless the Lord Parsons went to his Collegue Burlace at chichester-Chichester-house to communicate Conally's Intelligence unto him and whilst the Lord Justice Burlace was fretting that Conally should be so slightly dismiss'd Vide his Examination Append 2. behold about Ten a Clock at Night he came again and confirm'd his former Story Whereupon several of the Conspirators were that Night apprehended and tho' James Warren and Paul Neale found means to escape out of Custody yet the Lord Macguire in whose Lodgings were found many Hatchets Skeins and Hammers and Mac Mahon were taken and kept safe until their Execution It was about Five a Clock in the Morning 23d of October when Mac Mahon was Examined and Confessed That on that very day all the Forts and strong Places in Ireland would be taken that he with the Lord Macguire Hugh Brine Captain Bryan O Neale and several other Irish Gentlemen were come expresly to surprize the Castle of Dablin and that Twenty men out of each County were to be here to joyn with them That all the Papist Lords and Gentlemen in the Kingdom were engaged in this Plot That what was to be done in other parts of the Country was so far advanced by that time as it was impossible for the Wit of Man to prevent it that they had him in their Power and might use him as they pleased but he was sure be should be revenged And it is observable that Mac Mahon's Fancy was so full of the Bloody Tragedy which was to be Acted that day that during Owen O Conallies Examination as he walked in Chichester-Hall he drew with Chalk several postures of Men some on Gibbets and some groveling on the Ground so much was he delighted with what he thought or rather knew would soon be the Condition of the miserable English Nor is it to be omitted that Sir William Cole upon the Information of John Cormuck and Flagharty Mac Hugh that the Irish did design to seize on the Castle of Dublin and murder the Lords Justices and Council and the Protestants there did on the 21. of October send Letters with an Account of that Matter to the Lords Justices but how they mis carried is not known but it is certain those Letters never came to hand On this First day of the Rebellion the Irish surprized the Lord Blaney's House his Wife and Children and seized the Newry and the Magazine there See it Burlace 22. wherein were Seventy Barrels of Powder they also took Dungannon Fort Mountjoy Charlemont Tonrage Carrickmacross Cloghouter in the County of Cavan and Castlemonaghan and committed many Murders and the Lords Justices issued a Proclamation to encourage the English to defend themselves which were immediately Printed and sent to several places by Expresses and from this time forward there was not a day and scarce an hour wherein the dismal Tidings of some new Outrage or Barbarity did not arrive On the 24th the Alarms and Fears were so great at Dublin that the Castle Drawbridge was once let down and some of the State went to the Platform of the Castle to view the Irish Army which was falsly said to be approaching The Lords Justices being in this deplorable Condition did turn themselves to all the Methods of preserving the Kingdom which so great a Danger did require and their small Materials would allow but tho' their Industry was great their means were inconsiderable the whole standing Army did not exceed Two thousand ninety seven Foot and Nine hundred Horse Officers included and these were scattered in Single Troops and Companies or small Parties into places remote from Dublin and far distant from one another so that some of them were cut off by the Enemy and more of them being Irish Papists did revolt to the Rebels however they did send Potents for as many as they thought could safely March and particularly for the Earl of Ormond's Troop which came with himself to Dublin on the Second day of December and they made Sir Francis Willoughby Commander of the Castle These Letters are at large Temple 25. and Sir Charles Coot Governour of the City and on the 25th of October sent Owen O Conally with Letters to the Lord Lieutenant and Sir Henry Spotswood with an Express to the King But their main hope was that the Papists of the Pale who were of English Extraction and had signalized their Loyalty in all former Rebellions would also stand firm to the Crown in This and therefore the Lords Justices and Council sent Letters to the Sheriffs of those five Counties to make their best defence against the Rebels and to do all that was necessary for their own Preservation And to encourage as well as enable those Papists that the State had a good Opinion of the Lords Justices dispersed Seventeen hundred Arms to the Lords of Fingall Gormanstown Dunsany Slane Netervill Merion Hoath and other Roman Catholick Gentlemen for the Guard of the Pale and Arms were likewise sent to the Towns of Waterford Wexford and Trim with a Licence to import more they issued also Commissions of Martial Law for the more speedy Execution of the Rebels and thereby the more Expeditious Suppressing of the Rebellion Temple 55. and these Commissions were directed to Papists viz. to Henry Talbot for the County of Dublin John Bellew Esquire for the County of Louth Richard Dalton and James Tuit in Westmeath and James Talbot in the County of Cavan They also gave Commissions of Government of the respective Counties to several Roman Catholicks viz. the Lords Mountgarret Gormanstown Mayo Costilo Walter Bagnall Sir James Dillon Sir Robert Talbot Sir Christopher Bellew Sir Thomas Nugent and Mr. Nicholas Barnewall and by these Commissions these Lords and Gentlemen in their respective Districts had power to Levy and raise Forces to Arm and Array and conduct them and to prosecute the Rebels with Fire and Sword to use Martial Law and to Pardon and receive into his Majesties mercy as they should think fit as may be seen more at large in the Lord Gormanstowns Commission Postea Appendix 8. But the Lords and Gentlemen of the Pale were deeper in this General Conspiracy than the Lords Justices suspected and therefore were so far from being wrought upon by these Kindnesses and the Confidence the State placed in them that on the contrary from the very beginning they industriously sought for Pretences to break out into Action Their first Essay was on the 27th day of October at which time they picked a Quarrel at the words Irish Papists in the Proclamation against the Rebels as being Terms so General and Comprehensive that themselves might seem included and tho' they being Old English
and gave more Colour and Umbrage for the Suspicions that were then entertained of Him than any other Action of that Time could do And indeed this single Act of theirs did His Majesty more mischief than all the pretended Loyalty of that Party since that time can atone for However to obviate the dismal Effects of that impudent Forgery as much as they could the Lords Justices did Burlace Append 3. by their Proclamation of the Thirtieth of October 1642. publish that Sham to be false and scandalous And it is very observable That this Contrivance of theirs from whence they hoped to derive so much Advantage was the Occasion of their Ruin for the King to vindicate himself from this gross Aspersion was necessitated to devolve the Management of the War upon the Parliament and to consent to the Act of Adventurers which dispos'd of most part of the Rebels Estates and indeed to humour them in every thing relating to Ireland and particularly in giving up Carrigfergus to the Scots And on the same Fourth of November Temple 50. the Parliament of England voted 1. That Twenty thousand Pounds be forthwith supplied for the present Occasions of Ireland 2. That a convenient Number of Ships shall be provided for the Guarding of the Sea-coasts of that Kingdom 3. That this House holds fit that Six thousand Foot and Two thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland 4. That the Lord Lieutenant shall present to both Houses of Parliament such Officers as he shall think fit to send into Ireland to Command any Forces to be transported thither 5. That Magazins of Victuals shall be forthwith provided at Westchester to be sent over to Dublin as the Occasions of that Kingdom shall require 6. That the Magazins of Arms Ammunition and Powder now in Carlisle shall be forthwith sent over to Knockfergus in Ireland 7. That it be referred to the King's Council to consider of some fit Way and to present it to the House for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a Time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such Principal Rebels as shall be nominated 8. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland 9. That the Committee of Irish Affairs shall consider how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in the Business of Ireland 10. That Directions shall be given for the drawing of a Bill for the Pressing of Men for this particular Service for Ireland In the mean time the Lords Justices and Council did all that was possible for the Preservation of the Kingdom They on the Fifth of November dispatched a second Express to the King and another to the Lords of the Council and then and not before wrote to both Houses of Parliament and sent a Duplicate of it to the King and they formed a thousand of the stripped English into a Regiment under Sir Charles Coot and soon after they raised two Regiments more under the Lord Lambert and Colonel Crawford They also took care to Victual the Castle of Dublin and to clear an old Well that was in it and to do all things necessary to fit it for a Siege And to prevent any Surprize that might happen by the great Concourse of People to the Castle they removed the Council to Cork-house and often sat there in Council which was a great Oversight and might have been Fatal to them if the Lords of the Pale who soon after went out into open Rebellion had had the Courage to seise upon them there as they easily might have done On Saturday the Sixth of November Philip O Rely Knight of the Shire and the Irish of the County of Cavan sent an insolent Remonstrance to the Lord Justices by Doctor Jones whose Wife and Children they had at their Mercy and impowered him to assure their Lordships That there should be a Cessation of all things till the return of his Answer But tho' the Lords Justices gave a Civil Answer to it and sent the Remonstrance to the Lord Lieutenant to whom the King had ordered them to apply themselves about the Affairs of Ireland yet the very next Munday being the Eigth of November and before any Answer could come these Remonstrants Rendezvoufedâ— at Virginia a Town in the County of Cavan and proved the fiercest Rebels of all and by the Eleventh of December had taken the whole County of Cavan except the Castles of Keighlah and Croghan which were also surrendred to them the Fourth of July 1642. and Thirteen hundred and forty English Persons were thence according to Articles conveyed to Tredagh On the Eleventh of November the Lords Justices published another Proclamation prohibiting all unnecessary Persons from repairing to Dublin which the Irish took very ill and made a great noise about it tho' no Person of Quality or Business was in the least restrained by that Proclamation But their Design was to pick Quarrels and to manage all Accidents to that purpose On the Twelfth of November the County of Wickloe appeared in its proper Colours they murdered or robbed all the English Inhabitants within that County and burnt the principal Houses and laid Siege to Fort-Carew which the Lords Justices had not Means to relieve The Counties of Letrim Longford West-Meath and Louth were already infected and Wexford and Caterlogh followed the bloody Examples of their Neighbours and even the County of Kildare it self began to put on a terrible Countenance and the Irish of the Pale having gotten Arms from their English Neighbors under pretence of opposing the Rebels were the better able to do Execution on those stupid Protestants that so foolishly parted with them to their National and Hereditary Enemies The Lords Justices had by Proclamation Prorogued the Parliament to the Twenty fourth of February but at the Importunity of some Irish Lawyers who pretended great Affection to the King and earnest Desires to quench the Rebellion the Parliament which was a very thin one was permitted to meet on the Sixteenth of November and then it was visible that more were tainted with the Infection than appeared openly in Rebellion for the Popish Members did with great Cunning and Artifice endeavour to varnish or excuse all the Actions and Cruelties of the Rebels and those who seemed most to discountenance the Insurrection did nevertheless cover it over with such a Veil treat of it so nicely and handle it with so much tenderness as if themselves most of them being of the Conspiracy were immediately to participate of the Punishment as well as they were clandestinely involved in the Plot They would by do means have
That they were constrain'd to assemble together for the safety of their Lives that they were so terrified by the Excursions of some Horse and Foot from Dublin that murder'd Foor Catholicks merely for being so that they durst not stay at home and therefore resolved to continue together for their mutual Preservation until they should be assured by their Lordship of the safety of their Lives But these were but Pretences to palliate their Insurrection and to insinuate a Necessity of the Rebellion they had entred into and therefore the Lords Justices did endeavor in vain by two Proclamations of the Thirteenth of December to remove these Jealousies and satisfie or answer the Objections altho' in one of them they assured Nettervill and his Comragues of free egress and regress 2 Temple 29. and that the Four that were killed were in actual Hostility and one of them was a Protestant and in the other they declar'd That neither Sir Charles Coot nor any other did ever utter at the Council-board or elsewhere any Speeches tending to a Purpose or Resolution to exeecute on the Papists or any other a general Massacre nor was it ever in their thoughts to dishonor His Majesty or the State by so odious impious and detestable a thing and gave the Lords of the Pale assurance of their Safety if they would repair to Dublin the Seventeenth of that Month. But all these Condescensions had no good effect on the contrary these Favours were interpreted to proceed from the weakness of the State and consequently tended to heighten the Insolencies of the Rebels For that very day after the Proclamations were published some of Netervill's Party seised a Boat in the Harbor of Dublin 2 Temple 27. and robbed it and put the Pillage into Mr. King's House at Clontarfe and threatned to encamp at Clontarfe which is but two small Miles from Dublin Whereupon the next day being the Fourteenth of December the Lieutenant-General was ordered to send out a Party to Clontarfe to remove them which Sir Charles Coot on the Fifteenth of December performed effectually without any Opposition and burned the village and Mr. King's House In like manner the Lords of the Pale slighted the aforesaid Proclamations and on the Sixteenth day of December proceeded to appoint General Officers and declared the Lord Gormanstown General of the Pale Hugh Birne Lieutenant-General the Earl of Fingall General of the Horse and gave such Order about raising Men and Provisions as they thought convenient Nettervill and his Party being reinforced from Kildare and Wicklow continued at Finglas and Santry from the Fifteenth of December to the Twenty second at which time Colonel Crawford drove them from Finglas with much ado and the very Name and Approach of Sir Charles Coot frightned them from Santry in such haste that they left a great deal of their Equipage and Provisions behind them And yet at the same time Three hundred Rebels appear'd again at Clantarf and had the day before robb'd two English Barks in the Harbor and carried the Booty to Barnwall's House at Brimore and the Prisoners to the Lord Gormanstown's House whence they were sent to Balruthery And thus Dublin was in a manner blockt up Naas Kildare Trim and Ashboy were in the Rebels Hands and the City was almost surrounded with Irish Soldiers Nettervill lying at Swords with Two thousand Men took the Castle of Artain within two Miles of Dublin and Colonel Roger Moor lay at Rathcool with Two thousand more and Four thousand of the County of Wicklow came within four Miles of Dublin on that side so that the Government could give no Relief to the Distressed Protestants who were coopt up in several Castles and made piteous Complaints And therefore the State was necessitated to suffer the English of the Inland Counties to be destroy'd and all the Walled Towns in the Kingdom Tredagh and Carigfergus and the Walled Towns of the Counties of London-derry and Cork only excepted to be reduced under the Power of the Rebels who in imitation of the Holy League in France styled themselves THE CATHOLICK ARMY and took the following Oath of Association framed by the Clergy so that all the Government could do was to write a mournful Letter to the Lord Lieutenant which is to be found 2 Temple 39. and is very well worth perusal but too long to be here inserted The Oath taken by the Irish I A. B. do in the Presence of Almighty God and all the Saints and Angels in Heaven promise vow swear and protest to maintain and defend as far as I may with my Life Power and Estate the Publick and Free Exercise of the True and Roman Catholick Religion against all Persons that shall oppose the same I further swear That I will bear Faith and true Allegiance to our Sovereign Lord King CHARLES His Hiers and Successors and that I will defend Him and Them as far as I may with my Life Power and Estate against all such Persons as shall attempt any thing against their Royal Persons Honors Estates and Dignities and against all such as shall directly or indirectly endeavour to suppress their Royal Prerogatives or do any Act or Acts contrary to Regal Government as also the Power and Privileges of Parliament the Lawful Rights and Privileges of the Subjects and every Person that makes this Vow Oath and Protestation in whatsoever he shall do in the lawful pursuance of the same And to my power as far as I may I will oppose and by all means and ways endeavor to bring to condign Punishment even to the loss of Life Liberty and Estate all such as shall either by Force Practice Counsels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article Clause or any thing in this present Vow Oath or Protestation contained So God me help In the mean time a Foot Company of the Standing Army commanded by White of Lexlip a Papist revolted entirely to the Rebels and so many disguised Papists revolted from the Army which was full of them that in some Companies there were not above seven or eight Men left which manifests the Conspiracy was general when Men so circumstanced should betray their Trust and leaves a necessary Caution to Posterity not to trust any more of that Kidney in such Stations However the Garison of Tredagh was not discouraged by this Accident but on the third of October made a successful Sally to the slaughter of Two hundred Rebels But on the first of January the King declared the Irish to be Rebels by Proclamation Appendix 13. and signed Forty of them being the Number desir'd by the Lords Justices and Council with his own Hand and affixed his Privy Signet unto them and they were brought to Dublin on the twentieth of January and published without any effect In the mean time the Lords Justices on the twenty eighth of December issued a Proclamation to prohibit Strangers from flocking to Dublin without License and another
ordering the Country People to bring in their Corn to Market or else that their Haggards should be put under Military Execution by which means the Market was pretty well supplied And on the last day of December Sir Symon Harcourt with his Regiment of Twelve hundred Foot from England landed at Dublin But whilst these things were doing Sir Thomas Carey and Doctor Câ—le a Sorbonist offered from the Rebels some Propositions whereupon a Treaty for Peace might be founded viz. 1. Toleration of Religion 2. That Papists shall have admittance to all Employments as well as Protestants 3. The Wrongs of Plantations since 1610. to be repair'd 4. The Titles of Rebels and Traitors should be taken off the File by Proclamation But these Terms were too dishonorable and therefore were rejected Nevertheless some Popish Priests that pretended to more Moderation and Humanity than the rest were permitted to Treat with the Rebels and Doctor Cale obtain'd a Commission from the State to do so and promis'd great Success of his Negotiation But the Rebels were elevated with their Fortune insomuch that Sir Philemy O Neal refused to Treat unless Macgulre and Macmahon were set at Liberty and so that Affair determined And now Sir Simon Harcourt being made Governor of Dublin Sir Charles Coot on the Tenth of January was sent abroad to remove the Enemy from Swords a Village Six Miles from the City The Irish had barricadoed the Avenues to the Town and did what they could to defend themselves but Coot despising their weak Opposition valiantly forced the Passage and routed the Party with the slaughter of Two hundred of them and returned to Dublin with little or no Loss except that of Sir Lorenzo Cary who was killed in this Action On the Eleventh of January the Parliament was by Proclamation prorogued to the Twenty first of June 1642. But the Speakers declared to both Houses ☜ That notwithstanding the Prorogation it was not His Majesty's Intention to depart from or wave any thing he had formerly promis'd for the Confirmation of their Estates to such of his Subjects as should continue Loyal On the Fourteenth of January the Lords Justices and Council issued a severe Proclamation against Pillagers and Vagrants that were not Listed under any Commander and on the Eighteenth published another Proclamation prohibiting Soldiers from returning to England without Licence on pain of Death And on the Twenty fourth of January there landed at Dublin the Lord Lieutenant's Regiment of Foot under Lieutenant Colonel Monk afterward Duke of Albemarle Sir Michael Earnly's and Colonel Cromwell's Regiments likewise of Foot and the Lord Lisle's and Sir Richard Greeâ—vill's Regiments of Horse which enabled the Lieutenant-General Ormond with Two thousand Foot and Three hundred Horse to march out into the Country where he burnt Newcastle and Lyons and got a cosiderable Booty at the Naas and by this Joâ—â—ny removed the Enemy farther off See this Proclamation Burlace Append 6. and on the Eighth of February the Government issued a Proclamation against the Rebels prizing Sir Philemy O Neal's Head at a thousand Pounds and the rest at proportionable Rates against which the Lords of the Pale framed a false and scandalous Protestation But it is time to return to Tredagh which by the importunity of those of the Pale was become the Rebels chief Aim and next to Dublin the chief Care of the State It was the principal Scene of Action during the Months of December January and February and therefore I have preserved the Relation of that Siege intire without mixing it with other Affairs Tredagh in Irish Drogheda in Latin Pontana is an ancient Walled Town situate on both sides the River Boyne and united by a Stone Bridge from which the Town derives its Name It is about two Miles in Circuit and about three Miles distant from the Sea It had neither Bulwark nor Rampire nor any other Fortification than an ordinary Ditch and the old Wall The Haven is not good the Entrance being very narrow and difficult by reason of a Bar in the Mouth of the Harbor which is not passable but at Full Sea and then especially on Spring-tides a Ship of Sixty Tuns may sail to the Key of Tredagh Finally This Town is Governed by a Mayor Aldermen and Sheriffs and is a County of it self and stands in a plain open fruitful and Champion Country To this Town came the Lord Moor with his Troop of Horse from his House at Mellefont upon the first notice of the Irish Rebellion even on the Twenty third of October about Midnight and being alarm'd by the dismal Stories of some which had escaped the Cruelties of the Rebels he caused the Mayor and Aldermen to be awakened and excited them to a speedy and vigorous Preparation for their Defence They promised fairly but acted slowly insomuch that altho' many hundreds of the Townsmen well armed used to appear on Muster-days yet now they could not get above Forty Men together and those but very ill armed but afterwards the Number encreased to Two hundred However this Noble Lord was not discouraged but having got some old Guns out of a Dungeon and Four more and some Powder out of a Ship in the Harbor he scowred the Ditch and repaired the Walls and mounted his Artillery and reviewed Captain Nettervill's and Captain Rockby's half Companies each consisting of Forty four Men of the Standing Army and did every thing else in his power that was necessary for the Defence of the Place Nevertheless finding that all this would not do without farther Succour he went to Dublin in a dark Night and effectually represented to the Government the Weakness and Importance of Drogheda and offered to augment his own Troop of Sixty to a hundred and to raise a hundred Foot at his own Charge But what he obtained was a Promise That Succours should be speedily sent And in the mean time Captain Seafoul Gibson had a Commission and Arms for a hundred and twenty Men which he raised in Tredagh in two Hours time and that very Night they were set on the Watch and were kept to so hard Duty that this Captain and the Lord Moor did watch Ten Nights together in their own Persons which was the more troublesom to them because they were frequently on every day especially at Church-time disturb'd with Alarms purposely made by the Popish Inhabitants to distract them And altho' the Lord Moor had the good Success in several Sallies and Excursions to kill Two hundred of the Rebels and to take Eighty Prisoners whereof Six only were hang'd yet the Popish Townsmen finding that no Supply was come to the Town nor as they thought likely to come and that on the contrary the Rebels had taken Dundalk and Drâ—miskin formed several Contrivances to give up the Town One Night when they design'd it they were prevented by a Rumour That the Protestants had re-taken Newry and another Night Captain Nattervill who had form'd his half Company to his mind and was in
English Pikes were longer than the Rebels Pikes they charged home and the Lord Moor coming in seasonably with 15 Horse only they put the Rebels to flight and beat them quite out of the Town with the Slaughter of above 200 of them and some of their best Officers nor must it be forgotten that the Popish Houses in the Town were marked with Chalk that so the Rebels if they had prevailed might distinguish them from those they intended to murder Neither will I pretermit a Stratagem used by the Garison in placing some Pipers upon the Walls to play and others to toss up their Caps and cry The Town is our own make hast in and the like by which means many of the Rebels that still waited to have a Gate opened for them ran hastily into the Town and were made Prisoners The Pinnace that came with the first Relief hapned unfortunately to run aground and was briskly attackt by the Rebels who desperately came with Pickaxes and Iron Barrs even to her very Stern but Captain Stutfield threw some Granadoes amongst them and by that means got rid of them with much ado and killed above Threescore of the Irish But after a while Necessities and Diseases began to return upon the Garison so that many dyed daily in the Town and therefore a diligent Search was made for Provisions and the Fryers contrary to their Vow of Poverty were found to have great Quantities of Money Plate and other Treasure which they not owning most of it probably belonging to the Rebels it was divided amongst the Soldiers but that was no Relief to a hungry Belly when Victuals could not be had for Money and therefore the Governor made a hard shift to send a Boat to Dublin to hasten Supplies And tho' the Governor did by frequent Sallies incommode the Enemy and sometimes recover a little Provisions yet that did not so recruit the Garison but that they were reduced to the greatest Extremities even to the eating of Horses Dogs and Cats when on the Thirteenth of February they Sallied and took from the Rebels a considerable Booty of 80 Cows and 200 Sheep and the Twentieth day being Sunday at four a Clock in the Morning Sir Philemy O Neal with all his Strength made so bold an Attempt as to apply Scaling Ladders to the Wall and the Sentinel's Gun missing Fire they made good Progress before the Garison took the Alarm but as soon as the Soldiers came to the Walls they did such Execution upon the Irish that their Officers could by no means oblige the Soldiers to return to the Assault And the same day two Pinnaces and several other Vessels notwithstanding the Boom at Tredagh which broke the day before came up to the Town with a plentiful Supply of all Necessaries Encouraged by this Recruit and these Successes the Governor of Tredagh with 220 Foot and 120 Horse Sallied to Beaubeck on the Twenty sixth of February and secured some Corn and Hay for the Garison and then advanced to Smiths Town where they defeated a Party of Rebels and slew 300 And about the same time Major Fortescue had good Success near Gellingston against Colonel Preston in the same Field the English had formerly suffered a Defeat and to follow the Blow the Lord Moor with 600 Foot and 120 Horse and two Field-Pieces Sallied out the Twenty eighth of February and assailed Stainime but finding it fortified they took some Corn at Colp and returned On the First of March the Lord Moor and Sir John Burlace made another Sally and took the Castle of Colp and killed many of the Rebels And on the Second of March Colonel Wainman made another Sally as far as Marlengton burned Mr. Draicot's House and some other considerable places and return'd home with good store of Corn and on the Fourth the brave Lord Moor made another Sally towards Tullagh-hallon amongst his traiterous and ungrateful Tenants and routed the Rebels killing seven Captains and 400 Soldiers and took Capt. Mac Mahon and Barnwell of Rahasket Prisoners and got good store of Arms whereby the Siege of Tredagh was raised and the Garison was at leisure to visit the Enemies Quarters and soon forced Darcy of Platten his Servants to surrender his House and obliged some of the Lord of the Pale to write Letters of Excuse to the State and to desire to know upon what Terms they might come in but the Lords Justices despis'd that Insolence and the case being alter'd did not think fit without new Orders to prostitute His Majesties Mercy to such as had no other sense of their Duty than that was taught them by necessity But whilst some of them desired to be pardoned others of them committed barbarous Crimes that were unpardonable and murdered all the Protestants at Atherdee to be revenged for their Losses before Tredagh and it ought never to be forgotten as an especial Providence of God that during this long Siege and in all these Sallies there were but Twelve Protestants that fell by the Sword or were slain which nevertheless is very believable because the like hath lately hapned in proportion at the famous Siege of Londonderry On Munday the Seventh of March the Earl of Ormond with Three thousand Foot and Five hundred Horse marched out of Dublin to relieve Tredagh not knowing the Siege was rais'd and having burned Feildstown Kilsalan and Ratooth and several Houses in the County of Meath he came to Tredagh on the Eleventh and having recruited the Governor and the Lord Moor with Four hundred Foot and Two Troops of Horse and burnt and pillaged great part of the Pale he return'd to Dublin on Business of Importance by the special Order of the Lords Justices Nevertheless the Lord Moor and Sir Henry Tichburne on the Twenty first of the same Month marched out with One thousand Foot and Two hundred Horse and having burnt the Country about Slane on the Twenty third advanced to Atherdee and having discovered the Enemy to the number of near Fifteen hundred they sent out their Forlorn which stumbled on an Irish Ambuscade and drove them to the Main Body of whom they killed about Four hundred At the Foot of the Bridge the Irish did again make some Resistance but some of the English found a Passage over the River and galled them in the 〈◊〉 and forced them to abandon that Post and then forced their way into the Town In this Skirmish one Irish Lieutenant-Colonel and five Captains were slain besides what fell of the Common Soldiers The English encourag'd with this Success advanc'd to Dundalk on the Twenty sixth of March and tho' the Town was fortified with a double Wall and a double Ditch and had a Bog on the one side and the Sea on the other yet a Party of the English led by Lieutenant-Colonel Wainmâ—â— forced the Gate with Pickaxes and entred the Town with their Horse and pursued the Enemy on a full Gallop but at the turn of a Street were warmly received by Five hundred
that hereafter he will be pleased upon the humble Suit of both Houses of Parliament to give His Royal Assent to such Bills as they shall tender unto him for the setling of those Propositions and all other things necessarily conducing thereunto Ibid. 86. And on the Twenty fourth of February His Majesty returned His Gracious Answer in Approbation of these Votes in haec verba viz. That as he hath offered and is still ready to venture His own Royal Person for the Recovery of that Kingdom if His Parliament shall advise him thereunto so He will not deny to contribute any other Assistance he can to that Service by parting with any Profit or Advantage of his own there and therefore relying on the Wisdom of His Parliament doth consent to every Proposition now made to him without taking time to examine whether this course may not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into Grace if they shall return to their Obedience It would be too tedious to relate all that was done in this Affair of the Adventurers and therefore all that I shall mention here upon that Head is That these Votes produced several Acts of Parliament in Confirmation of them and raised the Sum of 400000 l for the Irish War But on the 9th day of March in the Declaration presented to the King at Newmarket Husbands 97. the Parliament inserted this Article viz. That the Rebellion in Ireland was framed and contrived here in England and that the English Papists should have risen about the same time we have several Testimonies and Advertisements from Ireland and that is a common Speech amongst the Rebels wherewith concur other Evidences and Observations of the suspicious Meetings and Consultations the tumultuary and seditious Carriage of those of that Religion in divers parts of this Kingdom about the time of the breaking out of the Irish Rebellion the Deposition of O Conally the Information of Master Cole Minister the Letter of Tristram Whitcombe the Deposition of Thomas Crant and many others which we may produce do all agree in this the publick Declaration of the Lords Gentlemen and others of the Pale That they would joyn with the Rebels whom they call the Irish Army or any other to recover unto His Majesty His Royal Prerogative wrested from him by the Puritan Faction in the House of Parliament in England and to maintain the same against all others as also to maintain Episcopal Jurisdiction and the lawfulness thereof these two being Quarrels upon which His Majesties late Army in the North should have been incensed against us To which His Majesty Answers thus Ibid. 106. If the Rebellion in Ireland so odious to all Christians seems to have been framed and maintained in England or to have any countenance from hence We conjure both Our Houses of Parliament and all Our loving Subjects whatsoever to use all possible means to discover and find such out that we may joyn in the most exemplary Vengeance upon them that can be imagined But We must think Our self highly and causelesly injured in Our Reputation if any Declaration Action or Expression of the Irish Rebels any Letter from Count Rosettie to the Papists for Fasting and Praying or from Tristram Whitcombe of strange Speeches uttered in Ireland shall beget any Jealousie or Misapprehension in Our Subjects of Our Justice Piety and Affection it being evident to all Understandings That those mischievous and wicked Rebels are not so capable of great Advantage as by having their false Discourse so far believed as to raise Fears and Jealousies to the Distraction of this Kingdom the only way to their Security And we cannot express a deeper sense of the Sufferings of Our poor Protestant Subjects in that Kingdom than We have done in Our often Messages to both Houses by which We have offered and are still ready to venture Our Royal Person for their Redemption well knowing That as We are in Our own Interest more concerned in them fo We are to make a strict Accompt to Almighty God for any Neglect of Our Duty or their Preservation And on the 15th of March 113. from Huntington the King sent this Message viz. That he doth very earnestly desire that they will use all possible Industry in expediting the business of Ireland in which they shall find so chearful a Concurrence by his Majesty that no Inconvenience shall happen to that Service by his Absence he having all that Passion for the reducing of that Kingdom which he hath expressed in his former Messages and being unable by words to manifest more Affection to it than he hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by his Parliament therefore if the Misfortunes and Calamities of his poor Protestant Subjects there shall grow upon them tho' His Majesty shall be deeply concerned in and sensible of their Sufferings he shall wash his hands before all the World from the least Imputation of Slackness in that most necessary and pious Work Whereupon the Parliament Voted the next day Ibid. That those Persons that advise His Majesty to absent himself from the Parliament are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourers of the Rebellion in Ireland Resolved c. 1642. That those Persons that advised His Majesty to this Message are Enemies to the Peace of this Kingdom and justly to be suspected to be Favourers of the Rebellion in Ireland The Year 1642. began with Sir Symon Harcourt's Expedition against Carrickmain in the County of Dublin on the Twenty sixth of March which proved fatal to him nevertheless his Lieutenant-Colonel Gibson took the Castle and put all within it to the Sword refusing to give Quarter to those obstinate Rebels that had slain his beloved Colonel And about the same time all the Popish Priests that could be found in Dublin were by the Lords Justices sent in French Bottoms to France In the beginning of April 1642. Doctor Jones afterwards Bishop of Meath and Seven other Divines who by Virtue of a Commission dated the 23d of December 1641. had taken many Examinations about the Rebellion and the Murders Plunders and Robberies committed by the Irish did out of their Depositions form a Remonstrance and being recommended by the Lords Justices and Council they did Present it to the Commons House of Parliament in England It set forth That the Rebellion was occasioned by the ancient Hatred which Papists bear to Protestants and by their Surfet of Freedom and Indulgence in that Kingdom That the Design was to eradicate the Protestant Religion and the Professors of it that the Rebellion was general and of a long Contrivance that sometimes they pretended the Kings Commission and sometimes spoke Contemptibly of his Majesty that they designed to extirpate all of English Extraction even the very Papists that they kicked Bibles up and down and
and attacked them so briskly that they quickly fled but by reason of the adjacent Bog and the harrass'd Condition of the English Horse there was not much Execution done the number of the Slain not exceeding Five hundred amongst which were the Lord Dunboyn's Brother the Lord Ikerin's Son and Colonel â—â—vâ—nagh and on the English side not above Twenty killed and Forty wounded However it was an entire Victory all their Powder and Amunition the Generals Waggon drawn with Eight Oxen his and the Lords of Ikerin's Sumptures and Twenty Colours being taken and for this great Service the Lieutenant General had a Letter of thanks from the Parliament of England and a Jewel worth 500 l. Soon after arrived at Dublin Philip Lord Lisle Lieutenant General of the Horse and his first Essay was to relieve the Castle of Geashill which with Three hundred Horse and One hundred and twenty Foot he easily effected he was accompanied by old Sir Charles Coot in this Action who at a Council of War told the rest that if they made haste they might easily pass the Defiles and Causeways before the Enemy could get together to oppose them whereto another reply'd that perhaps that might be so but when the Countrey was Alarm'd how should they get back I protest said Sir Charles Coot I never thought of that in my Life I always considered how to do my business and when that was done I got home again as well as I could and hitherto I have not mist of forcing my way and accordingly they went and their march was so swift that they came unexpectedly to Phillipstowne and took it and on their return they followed some of the Popish Lords of the Pale to Trim and forced that place likewise and by Coot's advice resolved to make it a Garison and therefore in order to settle this Affair with the Lords Justices the Lord Lisle guarded by some of the Horse went to Dublin but the next night after he was gone the Irish to the number of Three thousand came in the dead of the night to surprise Trim but the Centinel gave the Alarm and thereupon Sir Charles Coot with all the Horse he could get being not above Seventeen issued out of the Gate and was followed by others as fast as they could get ready The Success was answerable to so generous an Undertaking and the Irish were routed without any other considerable Loss on the English Side except that of Sir Charles Coot himself who was shot dead but whether by the Enemy or one of his own Troopers is variously reported Upon his Death the Government of Dublin was given to the Lord Lambert on the Twelfth of May and tho' in July Colonel Monk had it by the Lord Lieutenant's Order yet as soon as the King was informed that it had been predisposed to the Lord Lambert Monk was removed and the Lord Lambert was confirmed And on the Twenty third of May the Marquis of Ormond publish'd a Proclamation against the Exorbitances of the Soldiers and to supply their Necessities the Lords Justices gave them Custodiums on the Villages in the Irish Quarters which produced good Effects both in relieving the Soldiers and in annoying the Rebels On the first of June came over some Regiments under the Conduct of Sir Foulk Hunks and Lieutenant Colonel Kirke whereupon the Earl of Ormond with Four thousand five hundred Foot and Six hundred Horse marched to the Relief of Athlone and in his way took in the Castles of Knocklinch Trimletstown and Kinkelfe and beat Five hundred Rebels from Ballynecurr but upon his approach the Rebels burnt Molingar and Bullymore and Sir James Dillon and the Irish Army thought fit to withdraw so that the Lord President of Connaught with Fifty Horse and Two hundred Foot met the Marquis of Ormond Five Miles from Athlone and received from him Two Regiments of Foot and Two Troops of Horse and then both these Lords return'd the one to Athlone and the other to Dublin About the same time viz. in June Colonel Monk marching to reinforce the Lieutenant-General took Castleknock and killed Eighty Rebels besides some that he hanged and a while after he took the Castles of Rathroffy and Clongowswood in the County of Kildare and did good Execution upon the Enemy and of Seventy which he had taken Prisoners most of them being murdering Rebels were afterwards executed at Dublin And on the Twentieth of the same Month Colonel Gibson made a prosperous Incursion into Wicklow and killed many of the Confederates and brought home a considerable Prey But on the Twenty first of June the Irish Parliament sat according to the Prorogation and the Lower House voted That the Oath of Supremacy should be tendred to all their Members that so the Rotten ones may be cut off and new ones chosen in their room and to that purpose a Bill was prepar'd and sent into England and it seems that they did proceed to chuse new Members for the Corporations and Counties within their power in stead of those that were in actual Rebellion which was one of the Grievances the Confederates afterwards complain'd of And it is worthy Observation The Proclamation Burlace Append. p. 57. That the Lords Justices and Council finding the Rebellion to be so general that all Degrees and Conditions of the Irish had with hateful and bloody obstinacy either publickly or privately contributed to the Destruction and Extirpation of the Protestants and that those under Protection abused that Favour to murder and rob the English the more slily and securely they did by their Order of the Nineteenth of August revoke repeal and annul all Protections that had been given to any Rebel before that time which was one of the wisest Acts that was done in the whole War for nothing is more experimentally true than this That the English never or very seldom suffered by the Irish at open Defiance but have been often destroyed by their Perfidiousness and Treachery But to proceed In August the Lord Moor Sir John Burlace junior and Colonel Gibson with Fifteen hundred Men two Pieces of Battery and two Field-pieces marched into the Counties of Louth and Meath and took the strong Castle of Sedan with the Slaughter of Five hundred Rebels whereat the Lords Gormanstown and Nettervill were so frightned that the former quitted the Fort of Nabar and the other deserted the Castle of Newtown whereby those Counties of Louth and Meath were cleared of the Enemy And this good Success was followed by more of the same sort for the Captains Piggot and Grimâ—s defeated a Party of Eight hundred Rebels near Athy and killed Two hundred of them and the Lord Lisle in the midst of September marched without controul through West-Meath and Cavan and destroyed the Country burnt the Earl of Fingall's House and his Town of Virginia and at last sat down before Carrickmacross which after one days Battery was deserted by the Cowardly Ward But in October the Rebels to the number of Two
posted near Capoquin with a small Wood at their Backs and tho' he had but Sixty Horse and One hundred and forty Foot yet he boldly Charged them and killed two of their best Captains and Two hundred of their Soldiers with the loss of onely one English Man On the Ninth of August the Castle of Glin was taken by the Lord Forbes who came with his Fleet from before Gallway and Sailed up the River of Shanon and on the Twenty first the Lords Dungarvan and Broghill took the Castle of Ardmore with the Saughter of One hundred and forty of the Rebels But Provisions beginning to grow scant the Lord Insiquin drew out One thousand eight hundred Foot and Three hundred and sixty Horse and near Liscaroll met with the Irish Army under the Lord Mountgarret who was accompanied by the Lords Muskery Roch Ikerin Dunboin Castleconnel and Brittas and it came 〈◊〉 a smart Battel on the Third of September wherein the English were Victorious and killed Seven hundred of the Rebels and took Fifty â—sisoners and one piece of Cannon and two Field Pieces without any loss on the English side except that of the valiant Lord Viscount Kinalmeaky who was slain in the beginning of the Fight by a shot in his Neck and Sixteen private Soldiers In this Battel the noble Earl of Cork who never begrudged what he ventured for the Service of his King and Country had no less than four Sons viz. the Lords of Dungarvan Kinalmeky and Broghill and Mr. Francis Boyle since Viscount Shanon About the same time the Lord Forbes with his Regiment Landed at Kinsale and marched to Bandon and being joyned with Three Bandon Companies of Foot and some Horse they went to Rathbarry to relieve Captain Freak who had been besieged there since the Fourteenth of February but when they came to Cloghnikilty on the Eighteenth of October they thought fit to leave Two Scotch Companies and one Bandon Company there to secure that Town till their Return but it was not long after their Departure before a numerous Rabble of the Irish rushed upon them from all sides whereupon Groves who Commanded the Bandon Company advised to retreat towards their main Body which was not above four Miles from them but the Scots thought that dishonourable and refused and the Consequence was That the two Companies of Scots were cut in pieces but Groves valiantly made good his retreat a full Mile to an Old Danes Fort in the way to Ross which he justified manfully till the rest of the Forces came up to him and then they fell upon the Irish and forced them into the Island of 〈◊〉 and the Tide being in above Six hundred of them were killed and drowned whereupon the English marched to Cloghnikilty and relieved a great number of Men Women and Children which were imprison'd in the Market-house purposely to be burnt together â—ith the House to make a Bonâ—iâ—e for joy of the easie Victory they promised themselves over the rest of the Lord Forbes his Party After the Death of the Lord of Kinalmeaky Colonel Râ—â—land Saintleger was made Governour of Bandon in whose time it happened that the Troops of Bandon and Kingsale had appointed to meet at a day prefixed and to take a Prey but the Rebels who were at Kilcrea had notice of it and believing that the Troop had marched abroad according to the Appointment they boldly came to Bandon and took away the Cattel belonging to the Town but the Troop being by some Accident delayed in Town longer than they designed were just ready mounted when this Adventure happened so that they immediately issued out and recovered the Prey at Brinny Bridge and slew Fifty of the Tories in Killmore Bog without the loss of one Man But these small Victories were balanced by some considerable Successes of the Irish for the strong Castle of Limerick which had been besieged since the Fifteenth of January was surrendred to them on the Twenty third of June and the Castle of Askeaton submitted to the same Fate on the Fourteenth of August after nine Months Siege as Castlematrix likewise did not long after Neither was it a small Misfortune to the English that about this time both Dean Gray and Archdeacon Byss who were Commissioners to enquire into the English Losses in Munster met with their Destiny the former dying at Bandon and Byss the Survivor who had all the Papers and Examinations was murdered by the Rebels on the Way to Youghall ☜ and this is the true Reason why there is no particular full Account extant of the Murders and Losses in Munster And it is very observable that the Rebels took very few places by force but either want of Necessaries or Promise of good Conditions prevail'd with the English to surrender and it is no less wonder that the English would trust to any Articles from a perfidious People that had so often violated their Faith Nevertheless every day afforded Instances of their sâ—â—essful Treachery and besides what is already mentioned Gloghleigâ— and Cool are additional Examples in the former was a considerable Garison to whom Richard Condon promised Quarter and Convoy to Castlelyons whereupon they surrendred and for their Folly were every one murdered wounded or kept Prisoners And in Cool were 36 Troopers of the Earl of Barrimores to whom the same Condon promised the like Quarter Upon the Faith of a Soldier and a Christian but nevertheless murdered them all except one who had 36 Wounds and was left for dead And in Connaught the Town of Gallway did in the later end of April submit unto the Earl of Clanrickard who was Governor of that County and was by him taken into Protection until the Pleasure of his Majesty then expected over should be known but the Lords Justices did not approve of that Protection unless the Town would admit of an English Garison However Clanrickard made use of that Opportunity to relieve the Fort of Galway wherein the Archbishop of Tuam and 36 Ministers and many more English were in very great distress And about the middle of July the Lord President drew out his small Forces into the County of Mâ—yo Battle of Ballintobber where not far from Ballintobber they met with the Irish Army which was more than double their Number Nevertheless the English obtained an easie Victory over them and killed near 2000 of the Enemy and on the First day of the same Month Sir Frederick Hamilton took the Town of Sligo and slew 300 of the Rebels and afterwards routed Owen O Rourk who in his Absence had with 1000 Men besieged his Castle of Mannor Hamilton And about August the Lord Forbes came into the Bay of Gaâ—â—ay and landed some Guns and seized on the Abby and being joyn'd by the Lord President and the Earl of Clanrickard they pretended to besiege the Town but they wanted Necessaries and therefore the Lord Forbes compounded with the Town for a Sum of Money which was never paid and drew off from
it was before The Protestants considered the necessity of this Tax and patiently submitted to it but the Papists made all the opposition they could but in vain for there was no other way left and this it self was not sufficient to prevent the mutiny and the ruin of the Army All these things tended to draw on the Cessation which the Marquess of Ormond by His Majesties Letter of the Twenty third of April was ordered to make with the Irish and was by a Second Letter from His Majesty of the Third of May brought to him by Mr. Brent pressed to hasten and by a Third Letter of the Second of July and a Fourth of the Seventh of September he was farther importuned in that Matter nevertheless there was a Party in the Council upon whom the Villanies of the Rebels had made so deep an Impression that they could not endure to hear of any Treaty with the Confederates and therefore the Marquess of Ormond on the Twenty second of June made a Motion in Council which is Entered in the Council-Book as followeth viz. By the Lords Justices and Council Jo. Borlace Hen. Tichburne THE Lord Marquess of Ormond this day moving at this Board that if Ten thousand Pounds may be raised whereof the one half to be in Money and the other in Victuals and to be brought in within a Fortnight that his Lordship would in such Case proceed in the War and immediately endeavour to take in Wexford and forbear to prooceed in the intended Treaty of Cessation of Arms with the Rebels It was thought fit to call before Us the Mayor of this City of Dublin and others who appearing We had Conference with them at this Board concerning the same and find that such is the Poverty of this Place and People as that Sum of Money or Proportion of Victual cannot be raised Given at His Majesties Castle of Dublin 22d June 1643. La. Dublin Roscommon Edw. Brabazon Char. Lambert Adam Loftus William Parsons Thomas Lucas Francis Willoughby G. Wentworth But whether they thought that Supplies would be sent from England or that they were willing to struggle with any Extremities rather than to have Correspondence with the Murderers of their Friends and Relations and the Plunderers of themselves it is certain that Part of the Council still continued averse to the Cessation Hereupon Sir Robert Meredith Sir William Parsons Sir John Temple and Sir Adam Loftus were Committed to Prison by His Majesties Order on the Second of July and on their Petition they were refus'd to be Bayl'd but they had the Liberty of the Castle with a Keeper But on the 4th of July the Lords Justices and Council received a smart Letter from the two Houses of Parliament in England taxing them with Publishing That their present Difficulties were occasioned by the Failures of the English Parliament To which they returned as Tart an Answer on the Twenty eighth of October importing That they gave full frequent and seasonable Notice of all their Wants from time to time to the English Parliament and therefore did not know where else to lay the blame In the mean time there hapned a pleasant Passage on the Eighth of July at which time the Lords Justices and Council sent a Message in writing to the Confederates Purporting that if the Rebels would release Captain Farrer they would exchange Captain Synot for him but the Confederates were so distasted at the word Rebels that they sent back this Answer We do not know to whom this Certificate is directed and we will avow Our selves in all Our Actions Bur. 128. to be His Majesties Loyal Subjects neither shall it be safe henceforth for any Messenger to bring any Paper to Us containing other Language than such as Suits with Our Duty and the Affections We bear to His Majesties Service wherein some may pretend but none shall have more real Desires to farther His Majesties interest than His Majesties Loyal and Obedient Subjects Mountgarret Muskery Fr. Thom. Dublin Malachias Tuamen Castlehaven Audley R. Bealing Torlo O Neile Patr. Darcy And it is observable Lords Justices Letter of 29. July 4â— that Sir John Netervill being indicted of Treason Petitioned the King setting forth that his Witnesses were forced by the Rack to swear more than was true and instances Cornelius Moran and that his own Examination was mutilated of all Matters that might excuse or lessen his Crime but upon Search it appeared that Cornelius Moran was not made use of as an Evidence against him at all and that the Clauses he mentioned to be expung'd were found uncancell'd in his Examination It seems that the Treaty about the Cessation so influenced the Army that it did little this Summer only Colonel Monk on the 27th of June issued out with a Party of Thirteen hundred Foot and 140 Horse and he had the good Fortune at a Pass on the Boyne near Castlejordan to encounter Four thousand Irish Foot and Six hundred Horse under General Preston and to get the better of them however for want of Provisions he was fain to march to Wickloe and was afterwards Commanded thence into Meath to attend Owen Roe O Neal whose Army was near Portlester and there he joyned the Lord Moor who was Commander in chief of this Party and tho' it did not come to a Battel yet the valiant Lord Moor was unfortunately Slain by a Shot from a great Gun not many days before the Cessation was concluded Neither was there much done in the rest of the Provinces for the same Reason but the little that was done ought to be mentioned before we touch the Cessation that so we may take that Treaty entire And first in Munster the Lord of Insiquin divided his Army in the beginning of May and himself marched westward Battel of Killworth whilst Sir CHARLES VAVASOR went Eastward and took Mac Thomas's Castle and other Castles in the County of Waterford But on the Twenty seventh of May the Army to the number of Four hundred Horse and Four thousand Foot rendevouzed at Bottivant from whence Lieutenant Colonel Story with Two hundred Horse and Twelve hundred Foot was detached into Kerry where they got a Considerable Prey and also rescued some English and on the Twenty eighth the Lord Insiquin with the rest of the Army marched to Killmallock and ranged to and fro thereabouts whilst on the Thirty first of May Sir Charles Vavasor with another Detachment attacked the strong Castle of Cloghleagh which he took on the Third of June but on the Fourth of June by great negligence and want of Conduct he was well beaten by the Earl of Castlehaven on the Plain between Formoy and Killworth and Six hundred English were there slain and Sir Charles and others were taken Prisoners which was a just Judgment upon them for suffering some inferiour Officers to violate the Quarter they had given to the Garrison of Cloghleagh and by this Considerable Victory the Rebels were so elevated that they made a brisk
Ormond answers that Reply and the Twenty ninth of August they answer that And so after many alternate Messages and Expostulations on the First of September they began to ascertain the respective Quarters and the Irish Commissioners having on the Second of September proposed That the Limitation of Quarters should relate to the Day of Concluding the Cessation the Marquis of Ormond on the Third of September did offer a Temporary Cessation from that Day that they might be at the more leisure to manage the Treaty To which they answer the same day That the Lord Moor and Colonel Monk had invaded their Quarters and Garison'd some Undefencible Houses and Castles and if those be restor'd they are contented that both Armies may withdraw to their respective Garisons Ormond replies That he will consent to withdraw both Armies and as to the Restitution of Places it shall be considered in the Settlement of the Quarters and that many of those called Undefencible Places tho' not thought worthy of a Garison yet were for a long time absolutely in his Power and in the English Quarters and some of them not far from the Gates of Dublin and therefore not fit to be restor'd On the Fifth of September they proceeded about limiting the respective Quarters and on the Sixth of September Ormond writes to them That he heard their Forees besieged Tully a Garison Commanded by Sir George Wentworth who was imployed in procuring Necessary Provisions for him and desires the Siege might be rais'd But the Commissioners reply'd That Monk went to Wicklow the Twenty sixth of August and continues there ravaging and destroying the Country That this very Garison of Tully took away the Corn at Madingstown and therefore they could not hinder a Reprisal but if any of his Lordships Provisions be intercepted they shall be restor'd On the Seventh of September Ormond insisted on withdrawing their Forces from Tully and thereupon they sent an Order to Castlehaven to draw off his Army knowing I suppose that he had taken the Castle and propos'd a Temporary Cessation to the Marquis On the Eighth of September Ormond proposes That the Protestant Clergy and Proprietors may have a Proportion of their Estates in the Irish Quarters to support them and that where Goods were delivered in trust to any Irishman they may be restor'd On the Ninth Quarters were setled and the Preservation of Woods agreed upon but for the Clergy and Proprietors nothing could be done because the Cessation was Temporary and Sufferings of that kind they said were reciprocal On the Tenth of September the Irish Commissioners denied to continue a Cessation as to the County of Kildare unless it may be for the whole Province of Leinster which Ormond would not consent to Then they offered a Supply of Thirty thousand Pounds but on the Eleventh the Marquiss sent a Message to the Commissioners to order the Earl of Castlehaven to forbear farther Acts of Hostility since the Treaty was so near a Conclusion which they did and Ormond did the like to his Forces But it seems Castlehaven notwithstanding their publick Orders knew their private Meaning and therefore marched farther off to the Castle of Disert in the Queens County which he took after the Cessation was finished But on the Twelfth they insisted upon the Name and Title of His Majesty's most Faithful Subjects the Catholicks of Ireland and said That they used it in their immediate Addresses to the King but Ormond replied That he held it not proper at that time to be used to him On the Thirteenth they agreed That the Quarters should relate to the Day of the concluding the Cessation but the Marquis insisted That it was indecent for them to use Force in the County where His Majesty's Commission of Favour was executing and therefore required the Restitution of what they had taken in the County of Kildare since the last of August But on the Fourteenth of September this was refused on pretence that the English had incroach'd upon them in the same County by Garisoning undefensible Places but they offered the fourth Sheaf of Tully and all such Places so subdu'd or 800 l. in lieu of it The Marquis then propos'd to have the Cessation declar'd as from that time since all was agreed but the Commissioners said the Articles might be perfected by next day Noon and till then the Cessation could not be said to be made And so on the Fifteenth day of September the Cessation was concluded and the Articles and Instrument mentioned Appendix 16. were perfected and a Proclamation by the Lords Justices and Council for the Observation thereof issued accordingly bearing date at Dublin the Nineteenth day of September 1643. and Circular Letters were likewise sent by them to all Parts of the Kingdom to give Obedience thereunto But before the Marquis of Ormond would finish this Treaty he consulted all the Great Men and the Chief Commanders then with him who gave their Opinions as in the following Instrument is contained WHEREAS the Lord Marquis of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honor and Command that have since the beginning thereof repaired out of several Parts of this Kingdom to his Lordship They therefore seriously considering how much His Majesty's Army here hath already suffered through want of Relief out of England though the same was often pressed and importuned by His most Gracious Majesty who hath left nothing unattempted which might conduce to their Support and Maintenance and unto what common Misery not only the Officers and Soldiers but others also His Majesty's good Subjects within this Kingdom are reduc'd And further considering how many of His Majesty's Principal Forts and Places of Strength are at this present in great distress and the imminent Danger the Kingdom is like to fall into And finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time They far these Causes do conceive it necessary for His Majesty's Honor and Service That the said Lord Marquis assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the Preservation of this Kingdom of Ireland Witness our Hands the Fifteenth day of September 1643. Clanrickards St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchiquin Thomas Lucas James Ware Michael Ernly Foulk Hunks John Pawlet Maurice Eustace Edward Povey John Gifford Philip Persival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis But the News of this Cessation met with different Entertainment according to the Interests and Inclinations of those it was carried to At the Court of England it was received with Joy and Ormond's Conduct and Fidelity magnified beyond measure It was admired that he could preserve His Majesty's Grandeur throughout the whole Treaty by not admitting the
came thither and watched three days yet none of the Irish Commissioners appeared except only Hugh O Conner who had no Power to Act singly and tho' the Lord Lieutenant had ordered the Irish to send some Beeves to the Garisons of Conaught towards their Subsistence yet did they likewise make such unreasonable Delays in delivering those Beeves being but 200 in all that many of the Soldiers were Starved to Death for want of them and when mere necessity occasioned by the Delay aâ—d Non-performance on the Irish side compelled any of the English to take a Sheep or a Cow presently Complaints were made to the Lord Lieutenant as if the Cessation were broken or as if the whole Country were up in Arms whereupon Orders were issued bearing date the Eighteenth of March and Twenty ninth of March to examine the Irish Complaints against the Garisons of Conaught and particularly against that of Castlecoot and more especially about their Combination with Captain Cambell an Irish Scot and their casting of Ordnance which the Confederates objected against them and accordingly the English Commissioners repaired to the place appointed but the Irish came not the First day and the Second day when they did come they pretended they were not prepared not had a sufficient Commission to proceed then but desired to adjourn to Thursday in Easter week at Roscomon which was agreed to but when that day came the Irish Commissioners did not appear but sent a Letter That Roscomon was not a fit Place and desired to meet at Balmtober near which place their Army lay but the English Commissioners resenting this Third disappointment scorned to make any more Assignations with them well knowing that there was no ground for their Complaint but that it was all Contrivance and Clamour But on the Twenty seventh of April 1641. a Warrant issued to make Henry Viscount Willmot and Thomas Viscount Dillon and the Survivor of them Lords President of the Province of Conaught except the County and Town of Gâ—â—way the Government whereof with Ten Shillings per diem was Granted to the Lord of Clanrickard But it happened not long after 1644. that Major Ormsby being Garisoned in Tulsk which place belonged to Mr. Lane afterwards Lord Lanesburough the Proprietor demanded the House which could not be justly refused him tho' his Right was unseasonable insisted upon at that time because Ormsby had done good Service and was very troublesome to the Irish But the Major perceiving that he must turn out and having no other Convenient place to carry his Soldiers unto he cunningly declared against the Cessation and kept Correspondence with those of that Faction in Ulster and hereupon he preyed upon the Irish to that Degree that his Garison lived whilst most of the rest of the English were Starving insomuch that as many as could did flock to him whereby the other Garisons were left almost empty and so he continued until the Earl of Castlehaven forced him to submit to the Cessation as that Lord wries in his Memoirs but I believe he continued so until his Castle was taken by the Lord Taaf Anno 1645. And as to Ulster 1643. the Scots and all those that had taken the Covenant or were inclined to take it were very much dissatisfied with the Cessation Monroe complained to the Lords Justices That the Scots who were by the Agreement to be paid every Three Months were now Eighteen Months in Arrear and therefore it was hard to put them off with a Cessation however he Promises to avoid Hostility until the Earl of Leven his General be consulted but the Supream Council were so netled at Monroes aversion to the Cessation That they on the Fifteenth of October wrote to the Lords Justices That seeing the Scots continued their Outrages and would admit of the Cessation no farther than stood with their own advantage whereby the Confederates were diverted from assisting the King they who could not accuse themselves of any one hollow thought and detested all subtil Practices and cannot think of serving two Masters or of standing Neuter where their King is Party do desire that none may reside in the Kingdom but good Subjects and that by the joynt Power of such the Opposers or Breakers of the Cessation may be chastised and that till that can be done their Proceedings in Prosecution of them may not be interpreted a Violation of the Truce But in the beginning of the Year 1644. 1644. Monroe published that he had a Commission from the Parliament of England and the Council of Scotland to govern the Province of Ulster whereupon the Lords Mongomery and Blany Sir James Mongomery Sir Robert Stewart Colonel Hill and the Majors Rawden Jones and Gore came to Colonel Chichester at Belfast to consult what was fit to be done but the next Morning being the Fourteenth of May Monroe surprized the Town because Colonel Chichester had made Proclamation against the Covenant which was a little before this time imposed by Order of Parlament and had refused to admit any Scots into the Garison and had sent a Convoy with Colonel Steward and Colonel Seaton Agents to the King and had discountenanced all that were affected to the Covenant or to Monroes Party However Monroe distributed Victuals out of the Magazine to Colonel Chichesters Regiment and quartered them in the adjacent Villages until a little after they went to Dublin and he also wrote very civilly to the Lord Lieutenant but would not restore Belfast according to his Order In the mean time Owen Roe being weakned by the defeat already mentioned and the opposition he still met with from the British in the beginning of Winter left his Troops and Creaghts to shift themselves and came to the General Assembly at Waterford to desire assistance affirming that otherwise he must be forced to retire into the other Provinces Hereupon the Assembly appointed Six thousand Foot and One thousand Horse and Dragoons under the Command of the Earl of Castlehaven to joyn with Four thousand Foot and Four hundred Horse which Owen Roe had promised from Ulster And that nimble General having some time to spare did by the Commands of the Supream Council march part of his Forces to Conaught Memoirs 45. and compelled Burk of Castle Carrow and the Lord Mayo at Castlebar to submit to the Cessation and having done the like to the Ormsbey's in the County of Roscomon he went to his Rendezvouz at Granard about Midsummer 1644. Owen Roe being at the same time near Portlester but hearing that the Enemy approached he was glad to retreat towards Portlester and having left 600 Foot and One hundred Horse to Guard the Bridge of Feynagh over the Jany which had a Castle on his side he thought himself pretty secure but the Scots marched on and the ignorant or as this Earl of Castlehaven styles him the unfortunate Colonel whose business it was to Guard the Pass sends out his Horse to Skirmish having learned from his General That
it to a General Assembly to be immediately called To this Declaration and these Propositions the Supreme Council on the 10th of September returned the following Answer viz. To the First That they will Print and Publish Glamorgan's Articles and insist on them as being Obligatory to the King and get them confirmed next Parliament and no interruption shall be given them in the mean time That the Repeal of the Penal Laws was purposely omitted in the Peace as being less than Glamorgan's Concessions and therefore might derogate from them and the Suspension of Poyning's Act was by unanimous Consent omitted for saving of Time To the Second That they shall be sufficiently provided for To the Third No constant Garisons shall be put into Corporations c. nor Levies made but for Publick Service and proportionably to the rest of the Country and some of the Members of the Corporation shall be privy thereunto To the Fourth 'T is implyed else how can they be for the use of the Catholick Youth if the Discipline be not Catholick To the Fifth It is done already and if not shall be taken care of And you shall have Security to have the Penal Laws repealed the next Parliament and shall not be molested in your Religion or Ecclesiastical Possessions till then This Answer so baffled the Congregation that all the Reply they could make was That the Lord Lieutenant was gone out of their Quarters and that the Supreme Council being part of the Confederate Body could be no Security to the rest for what they promised and that the Peace being once rejected could not be reassumed or revived but by a General Assembly And to manifest that they were in earnest they had prevailed with the Bishop of Ossory long before this to Publish a very extraordinary Instrument in form following WHEREAS We have in publick and private Meetings at several times declared to the Supreme Council and others whom it may concern That it was and is unlawful and against Conscience the implying Perjury as it hath been defined by the Special Act of the Convocation at Waterford to both Commonwealths Spiritual and Temporal to do or concur to any Act â—ending to the Approbation or countenancing the Publication of this unlawful and mischievous Peace so dangerous as it is now Articled to both Commonwealths Spiritual and Temporal And whereas notwithstanding our Declaration yea the Declaration of the whole Clergy of the Kingdom to the contrary the Supreme Council and the Commissioners have actually proceeded to the Publilication yea and forcing it upon the City by Terror and Threats rather than by any free Consent or Desire of the People We having duly considered and taken it to heart as it becometh us how enormous this Fact is and appears in Catholicks even against God himself and what a publick Contempt of the Holy Church it appeareth beside the Evil it is like to draw upon this poor Kingdom after a mature Deliberation and Consent of our Clergy in detestation of this heinous and scandalous Disobedience of the Supreme Council and others who have adhered to them in matters of Conscience to the Holy Church and in hatred of so hurtful and abominable an Act do by these Presents according to the prescription of the Sacred Canons Pronounce and Command henceforth a General Cessation of Divine Offices throughout all the City and Suburbs of Kilkenny in all Churches Monasteries and Houses in them whatsoever Given at Our Palace of Nova Curia the 18th of August 1646. David Ossoriensis The Peace being thus rejected the Nuncio like a true Son of Thunder prepares for War and in order to it he borrowed a good Sum of of Money from the Spanish Agent Don Diego de la Torres and he recalled Preston out of Conaught and ordered Owen Roe to intercept the Lord Lieutenant in his return to Dublin In the mean time the Marquis of Ormond who did not suspect that there could be so much Perfidiousness and Treachery amongst Christians went forward from Kilkenny to Carrick and so to Clonmell and though he was denyed entrance into that Town and had notice that Colonel Peirce Butler alias Mac Thomas from whom he expected better things was ready with 500 Horse to disturb his March nevertheless he went towards Cashell but the Mayor of that place sent him word That Owen Roe had threatned that City with utter Destruction if they should Receive or Entertain his Excellency and at the same time he had from the Lord Dilâ—on of Costilo full information of the whole Design to intercept him and thereupon he marched that night to Calan and the next day to Loghlinbridge before Owen Roe who was within 6 miles of Kilkenny could overtake him and so he gotâ— safely to Dublin where he was received with all that Joy which Friends usually express at the arrival of those they gave for lost From Calan his Excellency sent the Lord Digby to Kilkenny to acquaint the Supreme Council with his Return and the Reasons of it and to stay Leiger with them and he also sent some of his Servants for some Necessaries he had left at his own house in Kilkenny but when they came there they found this Inconstant City which few days before had received the Lord Lieutenant with Acclamations of Joy pulling down the Monuments of his Entertainment viz. the Devices on the Gates and Market cross and other Matters of Pageantry and expressing so much Passion and Malice against him that most of his Servants were forced to withdraw and those few that staid were oblig'd to remain incognito However the Supreme Council ordered Sir Lucas Dillon and Doctor Fennell by Letters to assure his Excellency That notwithstanding what had hapned there should be no farther Hostilities us'd whereof Ormond took hold and desir'd them to ascertain a competent Time of Cessation that they might come to a right Understanding Whereunto they made no Reply but in stead of that Ormond had certain Advice from other Hands That Owen Roe had fallen into the Queens County with great violence and had taken several Castles from the King's Party and destroy'd all that oppos'd him and particularly that his Soldiers had in Cold Blood murdered Major Piggot and Fifty others at Disert to whom they had promised Quarter And about the same time the Castle of Athlone was surprized by George Dillon a Friar Uncle to the Lord President and that Place being the Key and principal Fortress of Conaught was a great accession of Strength to the Confederate Party And so the Triumphant Nuncio not doubting but that all was his own came in State to Kilkenny where he caused all the Supreme Council except Plunket and Darcy to be imprison'd and immediately he instituted a new Supreme Council of his own Creatures who to requite his Kindness did in effect commit to him the entire and absolute Power of Governing and Commanding as he pleas'd as well in Temporal as Ecclesiastical Matters But that which was most strange in this
agreed against the Common Enemy and in their Abhorrence and Mistrust of the Irish so that the Privy Council represented to his Excellency That they had deserved as well of the King as Subjects possibly could either by Doing or Suffering and therefore they hoped he would not expose them to the Mercy of their cruel and hereditary Enemies ☞ who by their late Perfidiousness had made themselves incapable of Trust and therefore they desired him again to Treat with the Parliaments Commissioners who would at least perform the Conditions they promise which could not be relied on from the Irish And it is said That his Excellency did rather incline to this Advice because he knew that the Design of many in this Irish Rebellion was intirely to alienate the Kingdom of Ireland from the Crown of England P. W. Remonstrance 583. and to extirpate not only the Protestants but also all the English tho' Catholicks That the Nuncio-Party design'd to separate it from England and to put Ireland under the Protection of some Foreign Prince unless they could advance one of the Old Irish Families to the Throne And accordingly Mr. Anthony Martin in the last General Assembly did propose to call in some Foreign Prince for Protection And so the Lord Lieutenant and Council being reduced to so great straits that they had but Seventeen Barrels of Powder leâ—t and no Magazins either of Stores or Victuals nor any Money either to buy more or to pay the Army did agree to resign the Kingdom to the Parliament for these Reasons 1. It was observed ☜ That no Exercise of the Protestant Religion was so much as tolerated where the Confederates had the Command and that if all the Churches in His Majesty's Quarters should be given or suffered to be taken to the Use of the Romish Religion it would too much countenance the Reproaches of His Majesty's Inclinations to Popery and might be dangerously applied by those who had His Majesty's Life in their Power 2. That it could not be for His Majesty's Honor to have those Subjects and Servants who had stuck to His Cause after all besides was lost in His Three Kingdoms to be at last subjected to the Tyranny of those who then ruled among the Irish whose Persidy was so manifest and their Malice so great as to give Rest to the Parliament Forces and to unite all their Power against those only who had carried Peace to their very Doors Lastly It was known how many Agents the Irish had employed abroad and what Publick Ministers had Reception with them as from the Pope the Kings of France and Spain That if the Garisons now held were put into the Hands of the Two Houses of Parliament they would revert by Treaty or otherwise whenever His Majesty should in England recover His Rights but if either given or left to these Confederates there was little hopes of Restitution while any Foreign Prince should think his Affairs secured or advanced by consuming the Blood and Treasure of England in this Dispute And so on the Fifth of February they made an Act of Council which recites their sad Condition and impowers the Lord Lieutenant to renew the Treaty with the Parliament for the Surrender of Dublin and quitting the Government And accordingly his Excellency did the next day write to Wharton and Salway two of the Parliament Commissioners That he was now satisfied in the Point he scrupled at viz. the King's Orders and therefore was willing to surrender the Government on the Terms formerly propos'd and desir'd that Succors might be sent immediately Hereupon the Parliament did order 3 March That if Ormond would give one of his Sons Hostage for Performance together with the Earl of Roscomon Colonel Chichester and Sir James Ware that then Coot's Regiment of Horse and Monroe's and Fenwick's Regiments of Foot at that time in Ulster should march to his Assistance and that the Lords of Insiquin and Ardes should give the Enemy Diversion And accordingly the Lord Richard Butler afterwards Earl of Arran was sent Hostage to Chester and the aforesaid Three Regiments were received in Ormond's Garisons and the Lord Insiquin sent his Excellency Twenty Barrels of Powder and half a Tun of Match and on the Seventeenth of March the Earl of Roscomon Colonel Arthur Chichester and Sir James Ware were sent to the Committee at derby-Derby-house to be Hostages for Performance of the Agreement with the Parliament and to solicit That Papists always adhering to the King and Papists that got out of the Rebels Quarters as soon as they could and Papists remaining in the Rebels Quarters that have shewed constant good Affections c. may be indemnified That Ormond may have leave to wait on the King and that the other Lords and Gentlemen may have Posses to go through England That Ormond may have leave to transport as many Papists to foreign Service as will go with him for which Liberty he will remit Ten thousand Pound That no Oaths other than those of Fidelity may be imposed on any Protestant and that the Common Prayer and their respective Imployments may be continued to them But they were told by the English Committee That they were Hostages and not Commissioners And on the same 17th day of March the Parliament of Ireland which had before made an Address to the Parliament of England for Protection quod vide Burlace 178 did remonstrate their Gratitude to the Marquiss of Ormond in the following Address signed by the Speakers of both Houses The Remonstrance of the Lords Spiritual and Temporal and Commons in Parliament assembled declaring the Acknowledgment of their hearty Thankfulness to the most Honourable James Marquiss of Ormond Lord Lieutenant General of Ireland His Excellency VVE the Lords and Commons assembled in Parliament in Our whole Body do present Our selves before your Lordship acknowledging with great Sense and feeling your Lordships singular Goodness to Us the PROTESTANT PARTY and those who have faithfully and constantly adhered unto them who have been preserved to this day under God by your Excellencies Providence and Pious Care which has not been without a vast Expence out of your own Estate as also to the hazarding of your Person in great and dangerous Difficulties And when your Lordship found your Self with the Strength remaining with you to be too weak to resist an insolent and upon all Advantages perfidious and bloody Enemy rather than we should Perish You have in your Care transferred Us into their hands that are both able and willing to preserve Us and that not by a bare casting Us off but by complying so far with Us that you have not denied our Desires of Hostages and amongst them of one of your most dear Sons All which being such a free Earnest of your Excellencies Love to our Religion Nation and both Houses do incite Us here to come unto you with Hearts filled with your Love and Tongues declaring how much We are obliged to your Excellency
World upon whose Loyalty and Conduct in the Affairs of Ireland His Majesty did most depend But there is yet a greater Mystery in the matter and it was thus Whilst Ormond was in England the Scots * Earl of Lanerick Earl of Lauderdale 〈…〉 Commissioners finding what usage was design'd to the King did endeavour to retreive the Honour of their Nation by doing something extraordinary in his Favour and the Presbyterians every where finding the prevailing Independents did despise the Sanctity of the Covenant and the Supporters thereof began to be Alarm'd so a proper Juncture of doing Service to the King was suddenly expected hereupon Ormond by the Kings Order met the Scotch Commissioners near Marlow and they for Scotland and he for Ireland undertook to promote His Majesties Service and in order to it he went to France and so into Ireland to prosecute this Design and not in Answer to the Irish Ambassy as they sancied and the same Reason prevailed upon Insiquin to joyn with him and it was pursuant to this Treaty that the Earl of Lanerick then Duke Hamilton invaded the Kingdom of England But as soon as the Parliament Commissioners in Ireland understood 27th July that the Marquiss of Ormond intended to return to that Kingdom they did all that was possible to prevent his Design and upon bare Suspicion seized upon Sir Maurice Eustace Sir John Gifford Sir Francis Willoughby Colonel William Flower the Lieutenant Colonels Ryves Capron and Smith Major John Stephens and Captain Peirce and kept them Prisoners in the Castle for some days and then sent them in Custody to Chester and they also kept Sir Thomas Lucas and Colonel Byron Prisoners at Tredagh As for the Military Motions this Year tho' they were not many nor in many Places Munster being entirely quiet and very little either of Leinster or Ulster disturbed yet they may be esteemed very considerable because they were between the Irish themselves for Insiquin had managed his Affairs so prudently by assisting the weaker side and the Nuncio had Acted so rashly in Excommunicating the Supream Council and their Adherents that Owen Roe and Preston and their Followers were engaged in as * Quod quidem ille acrius quam unquam fecerat in communes Religionis Regni hostes in Confederatos presecutus est Beling 118. fierce and as spiteful a War as any that had been since the Rebellion broke out so that Preston assisted by the Marquiss of Clanrickard took Athâ—one and besieged Athy and Insiquin in favour of the Supream Council besieged Fortfalkland and tho' Owen Roe came to relieve it and posted his Army so advantagiously between Insiquin and Munster that the English had certainly been starved if the generous Bounty of the Marquiss of Clanrickard had not supplyed them with Necessaries yet at length Owen Roe was forced to a retreat not much different from a Flight and the Fort was surrendered to Insiquiâ— and with these Losses November and this Disgrace Owen Roe was so netled that he ravaged over the whole County of Roscomon and took Jamestown and so obstinately Stormed Carigdrumrusk that Rory Macguire and most of his Regiment were there slain and in revenge of it the Garison being all Papists were put to the Sword And by this Campaign Owen Roe was so weakned that he offered a Cessation to Colonel Jones and to carry his Army to Spain if Jones would give him Liberty to do so And it seems That the Marquiss of Antrim had some Highlanders in the Counties of Wicklow and Wexford which being joyned with the Birnes and Cavenaghs who were of the Nuncio Faction and rejected the Peace gave such Disturbance to the Supream Council that they were fain to send Sir Edmond Butler and Sir Thomas Esmond to suppress them which at last they effected tho' not without considerable Slaughter on both sides In the mean time Jones took Ballysannon Nabber and Ballyho and many of the Scots being gone to assist Duke Hamilton's Invasion of England Colonel Monk by the means of Sir Price Coghrun and Lieutenant Colonel Cunningham surprized Carigfergus and in it Monroe September whom he sent Prisoner to London and then had an easie Conquest of Belfast and Colerain and Sir Charles Coot had no very hard one of the Fort of Culmore and for those good Services the Parliament Presented Colonel Monk with 500 l. and made him Governour of Carigfergus But in November the Irish Ambassadours to the Pope returned to Ireland and brought with them abundance of Relicks but no Money Beling 196. as may be easily gathered from the following Letter from Sir Richard Blake to Sir Robuck Linch Sir THIS day the Lord Bishop of Fernes and Mr. Plunket gave an account of their Negotiation to the House they made a full Representation to his Holiness of the desperate Condition of the Kingdom that without present and good Supplies which they expected from his Holiness there was no hope of the Preservation of the Catholick Religion or Nation That his Holiness was bound in Justice to do it his Nuncio here having in a General Assembly of the Confederates undertaken That the Sum promised Sir Kenelm Digby for the Wars of England upon good Conditions for Catholicks would be applied to the Service of the Catholick Confederates of Ireland but after four Months attendance their Answer was there being no Intelligence then of our Distance or Divisions with the Lord Nuncio or Owen O Neal That his Holiness hath sent by the Dean of Firmo a considerable Help unto us and that he had no account how that was disposed of That the Turks were in Candia and threatened Italy That there was great Scarcity of Corn in Rome and the adjoyning Territories and that a great Sum of Money must be issued to satisfy the Commoners That his Predecessor Pope Urban had left the Treasury empty and the See deeply charged with Debt That the Cardinals and others who had Pious Intentions to advance our Holy Cause were Poor and hardly able to maintain their own Ports so that nothing could be expected from them And for the Conditions the Agents expected from his Holiness for Religion upon our Treaty with the Queen and Prince he said that it was not proper for the See Apostolick to grant any Articles to Hereticks though it be true that Catholick Princes in Germany and other Kingdoms do it As for the Nuncio's Engagement That the Catholicks of Ireland should be Supplied by his Holiness in their Maintenance of the War that he had no such Commission though it was true that his Holiness would give Money for Conditions of Religion but none upon the Event of War Our Agents heard not of our Disunion and Raptures in this Kingdom until after their taking leave of his Holiness and then when the same was known and published in Rome they heard from some eminent Persons That what his Holiness was resolved to give for our Support he knew not to what Party he
Orrery Charles Earl of Montrath were appointed Lords Justices And the Lord Chancellor and Earl of Montrath were sworn on the 31 st day of December 1660. as the Earl of Orrery also was on the 17 th of January following Their Instructions were very short and to this effect 1. To read their Commission and Swear those Named for Privy-Councellors 2. To appoint Sheriffs and Justices of Peace by Advice of the Council and to Open the Courts of Justice 3. To promote Peace and Quietness as well in the Army as elsewhere and to hinder any Prejudice to His Majesty 4. To do what they could to encrease the Revenue and advance the Publick Service 5. To prepare such Bills as shall be thought by them and the Council to be for the good of the People and to transmit them to England pursuant to Poyning's Law in order to a Parliament 6. To reduce the King's Concessions to the Commissioners of the General Convention of Ireland into Bills to Pass next Parliament 7. To send over Names of fit Commissioners to Execute His Majesties Declaration for the Settlement of that Kingdom Lastly To cause the Oaths of Allegiance and Supremacy to be taken by all His Majesties Leige-Subjects of that Kingdom and to proceed according to Law against those that refuse And on the 27 th of January 1660. Dr. Michael Boyle now Lord Primate of all Ireland and Eleven others were Consecrated Bishops in St. Patrick's Church in Dublin with great Ceremony and Formality which I the rather mention because so numerous an Ordination of Bishops in one Day hath rarely if ever been heard of either before or since On the 8 th of May a Parliament was Summoned and Dr. Bramhall Arch-Bishop of Armagh was Speaker of the House of Lords as Sir Audley Mervin was of the House of Commons This Parliament as a Testimony of their Gratitude and Affection to the Duke of Ormond did present his Grace with a Gift of 30000 l. and when the Lords-Justices and Council understood that His Majesty on the 4 th of October 1661. had appointed the Duke of Ormond to be Lord Lieutenant of Ireland they ordered all publick Expressions of Joy to be made in Dublin upon that happy Occasion On January the 14 th 1661. the Lord Chancellor and Earl of Orrery were Sworn Lords Justices on the Death of the Earl of Montrath which happened the 18 th of October And on the 30 th of April 1662 they Published an Indulgence to Dissenters and continued in the Government until the 28 th of July 1662. at which time James Duke of Ormond was sworn Lord Lieutenant But the Session of Parliament begun the 17 th of April and on the 15 th of September the Bill of Settlement passed into an Act in the Parliament of Ireland by which Act and the rest of the Statutes passed that Parliament the King received more profit than all his Predecessors ever got out of that Kingdom This Bill had been exposed to the View and Scrutiny of the Irish and their Council for six Months together and altho they do so very confidently Clamour that they were never heard yet all that they could say was heard and debated even with Favour to them they had Agents there to whom they allowed three Pence per Acre for that purpose and every word in the Bill was Expung'd to which they had any just Exceptionl and at length the matter was determined by the King and Council and the following Order was made At the COURT at WHITE-HALL The 14th of March 1661. Present The Kings Most Excellent Majesty His R. H. the Duke of York Lord Chancellor Lord Privy-Seal Lord Duke of Ormond Lord Marquiss of Dorchester Lord Chamberlin Earl of Northumberland Earl of Norwich Earl of St. Alban Earl of Anglesey Earl of Carlisle Lord Seymore Lord Hatton Lord Holles Lord Ashley Mr. Trear Mr. Comptroller Mr. Vice-Chamberlain Mr. Secretary Nicholas Mr. Secretary Morrice THis day Mr. Sollicitor General making Report to His Majesty in Council from the Committee of this Board for the Affairs of Ireland upon Consideration of several Papers presented to the Board by Sir Nicholas Pluncket in the behalf of some of the Roman Catholicks of Ireland concerned in His Majesties Declaration according to an Order of the 12 th of this Instant That after the Committee had debated the said Papers the Commissioners from the Council and the Parliament of Ireland were called in and heard and presented to the Committee several Papers See them Appendix 40. viz. Instructions given by the Supreme Council and others of the Lords Spiritual and Temporal and the Commons of the Confederate Catholicks of Ireland to be observed by the Bp. of Fearnes and Nicholas Plunket Esq in the Court of Rome bearing date the 18 th of January 1647. and a Draught of Instructions to France and Spain and a Copy of the Excommunication Published at James-Town and that all the said Papers being read and the said Commissioners being withdrawn and the Committee then calling in the said Sir Nicholas Plunket and asking him whether the Signature of the Instructions to Rome by Command of the General Assembly were his Hand-writing and whether the Draught of the Instructions to France and Spain were his Writing also He acknowledged in the Presence of the Committee that they were and that hereupon it was the humble Opinion of the Committe that the Bill for the Common Settlement of that Kingdom should not be retarded but proceeded upon with all possible Expedition It was upon consideration of the said Report Ordered that in regard the said Romish Catholicks have been already several times fully heard at this Board as to the said Bill of Settlement no more Petitions or further Addresses be required or admitted from them for obstructing the same but the engrossing thereof be proceeded upon without any further delay according as the same is already prepà red and also that Mr. Sollicitor General do send all the Provisoes already allowed of by the said Committee to be likewise Engrossed And it is further Ordered That the Clerk of the Council attending do not only signify His Majesties Pleasure unto the said Sir Nicholas Pluncket that he do for bear coming into or appearing in His Majesties Presence or Court but also give Notice of this Order to the Committees imployed from the said Council and Parliament to be by them transmitted into Ireland Copia Vera Edw. Walker The Act of Settlement thus past there was a Court of Claims erected to adjudge Qualifications of Innocency and Nocency The Period for this Purpose was in Favour of the Nominees who were to attend till Innocents were first restored and by consent of the Irish Agents appointed by the Kings Declaration to be the 2 d of May 1661. but the Irish Parliament enlarged the time to the first of August 1662. and afterwards prolong'd it father to the 22 d of July 1663. And so the Commissioners viz. Sir Richard Rainsford Sir Thomas Beverly
England in sending for and impeaching one of the Members then sitting and that it was declared in Print by their order that Ireland if nam'd is bound by an English Statute which is against Law and Custom for Four Hundred Years past and though they had notice of the Protestation made by the English Parliament against Catholicks and their Intention to make Laws for the extirpation of that Religion in the Three Kingdoms and had notice of the cruel and bloody Execution of Priests in England meerly for being Priests and that his Majesty had not power enough left to save one condemned Priest and that the Catholicks of England being the Parliaments own Flesh and Blood must either suffer or depart the Land and much more must the Irish being not so nearly related to them if they should once get Jurisdiction in Ireland yet all this did not prevail with the Remonstrants to take Defensive much less Offensive Arms they still expecting that His Majesty in a short time might be able to yeild them Redress 7. That the Lords Justices c. by untrue Informations and other malicious Contrivances did endeavour to hinder His Majesty from granting Graces to the Irish Committee of Parliament but not prevailing in that they endeavoured to delay and stop them and by misconstruction and misrepresentations of the Irish Parliament endeavoured to possess His Majesty with an ill Opinion thereof and That it had not Jurisdiction in Capital Causes thereby aiming at the Impunity of those Impeached and the Destruction of the Parliament to which that power is essential and that the Lords Justices and their Adherents with the height of Malice envying their Union endeavour'd to sow Dissention in the Irish Parliament and to raise distinction of Nation and Religion and thereby made a Faction which to prevent the Graces passing into Acts Tumultuously cryed to Adjorn the House but being over-voted the Lords Justices said that if they did not Adjorn the Saturday themselves would Prorogue or Adjorn the Parliament on Monday by which means and the multitude of Proxies from Lords that have no Estate in Ireland which is destructive to the Liberty and freedom of Parliament here the Parliament was Adjorn'd on the 7 th of August and tho' the Graces were brought over soon after and the Committee desired the Lords Justices would give notice of them to the People to prevent misunderstanding or despair and an instrument was provided accordingly yet the Lord Justices willing to add Fuel to the Fire of the Subjects discontent did forbear to make such-Publication 8. That many Petitions containing matters Destructive to the Lives Estates and Religion of the Catholicks and directed to the House of Commons in England were promoted at publick Assizes to get hands unto them by Sir William Parsons Sir Adam Loftus Sir John Clotworthy and Arthur Hill Esq and others of the Malignant Party which were the more dreadful because of the said Clotworthy's power in the Parliament of England and his Barbarous and Inhuman expressions in that House against Catholicks and soon after an Order made by that Parliament Not to bow at the name of Jesus came to the knowledge of the Catholicks as also that the Malignant Party there did contrive and Plot to extingish the Irish Religion and Nation Hence some of them considered the deplorable condition they were in by a Statute of 2 Eliz. found amongst the Records but never executed in the Queens time nor discovered till most of the Members of that Parliament were dead which if executed no Catholick could enjoy his Life Liberty or Estate and yet nothing hindred but the Kings Prerogative which the Malignants endeavoured to destroy and then the Plot of Destruction by an Army out of Scotland and another of the Malignant Party in England must be executed the fear of these twofold Destructions and their ardent desire to assert the Prerogative Necessitated some Catholicks to take Arms in maintainance of Religion His Majesties Rights their own Lives Liberties and Estates and immediately thereupon took a solemn Oath and sent several Declarations to the Government and offered to submit to the Parliament of Ireland but the Offers were slighted and the Parliament Prorogued and a Declaration Issued on 23 October Accusing all Catholicks of Disloyalty but upon Application of Catholicks of Quality that the Prorogation was against Law and that a Session of Parliament was the only means to compose matters the Lords Justices knowing that but few would appear yielded to a short Session but limited it so that no Act of Grace or any thing for the Peoples satisfaction might pass that the few that met tho' disarm'd and not permitted a Servant and awed with Muskets presentto their Breasts yet desired leave to sit a short time to expect their fellows and to quiet the Insurrection and that the Graces might be Enacted but this was denied and instead of it a Declaration was propounded that these DISCONTENTED Gentlemen took Armâ— in Rebellious manner which was much resented by the best affected in both Houses but being informed that the Musqueteers had Order to shoot some of them at their going out they through terror gave way to that Declaration 9. However the greater part of the Catholicks and all Cities and Corporations and whole Provinces stood quiet and yet the Lords Justices knowing that many powerful Members of the English Parliament stood in opposition to his Majesty they sent their Addresses to that Parliament stuffed with Calumnies and propos'd to send over Forces to Conquer the Kingdom and they also Arm'd the Malignants in Ireland and the Catholicks even in Dublin and other Cities were not only denyed Arms for their Mony but also Disarm'd and when the Parliament had ordered a Pardon to all that should submit by a day limited Sir William Parsons contriv'd it so that it was publish'd only in two Counties and a short day prefix'd and Freeholders were therein excepted whereby it was manifest the Estates of Catholicks were first aimed at and then their Lives Moreover Sir Charles Coot was sent into Wicklow where he destroy'd Man Woman and Child that had neither Will nor Power to do hurt and others at Santry near Dublin Murdered innocent Husbandmen some whereof were Protestants mistaken for Catholicks meerly to force Fingal to Arms And tho' Complaint was made yet no Redress could be had and therefore the fear of being Murdered oblig'd the Catholicks to quit their Houses and to stand together in their own defence unprovided of Arms as they were hereupon a Proclamation issued 13 December not published till the 15 th requiring George King and others to come in and promising them Protection and another to summon the Lords of the Pale to meet at Council the 17 th But to prevent the effect of these Proclamations the same 15 th of December Sir Charles Coot was sent to burn Clantarf Mr. Kings House and use all acts of Hostility which he performed and this breach of Faith discourag'd the Lords of
the Pale from appearing at Dublin and forc'd them to defend themselves however they sent his Majesties sworn Servant Lieutenant Collonel Read to represent their Case to his Majesty but he was not only stopped but also Racked at Dublin 10. That the Lord President of Munster by direction of the Lords Justices that Province being quiet put to death Men Women and Children without distinction and mistrusted and threatned the Catholick Nobles and Gentry and Arm'd inferior fellows and the Province of Conaught was used in like manner so that in these Provinces the Catholicks were forc'd on their defence still waiting his Majesties Pleasure and ready to obey his Commands whilst the Lords Justices c. were busie by Addresses to the Malignant Party in England to deprive the Irish of all hopes of his Majesties Justice and Mercy and to plant a perpetual enmity between the Enemy and them 11. That whereas Ireland since the Reign of Hen 2. hath had its own Parliament with equal Power Priviledges c. to that of England and only dependant on the Crown in all which time there is no President that a Statute made in England had any force in Ireland until Enacted there Now by false suggestions an Act of Adventurers 17 Car. hath past in England whereby the Irish unsummon'd and unhear'd are declared Rebels and two Millions and a half of Acres of their Land dispos'd of which Act tho' forc'd on his Majesty and in it self unjust and void yet continues of evil consequence and extream prejudice to his Majesty and totally destructive to the Irish Nation for tho' the scope seems to aim at Rebels only yet the words include all the Irish and takes away many of his Majesties Tenures and much of his Revenue and therefore they protest against it as an Act without President and against the Kings Prerogative and the Fundamental Laws of the Kingdom and by colour whereof the Protestant Army disavow his Majesties Authority and depend on the Parliament 12. That strangers in Dublin being banish'd thence by Proclamation were by direction of the Lords Justices pillaged as soon as they got without the Town and what they left in the Town was confiscated and their desire to return under Protection was denyed that Catholicks quiet and under Protection were by the Lords Justices Order sooner destroy'd plundered or killed than those in Action and Quarter daily violated and others that came to Dublin for retreat and shelter were Imprisoned and Tryed for their Lives and Dublin Cork Youghall Kinsale and Tredagh that opened their Gates to his Majesties Forces are worse us'd than the Israelites in Egypt so that it will be made appear that more murthers breaches of publick Faith and Quarter more destruction and desolation and more cruelty not fit to be nam'd were committed in less than Eighteen Months by the direction and advice of the Lords Justices and their Party of the Council than can be parallel'd to have been done by any Christian people 13. That the Lords Justices have against the fundamental Laws procured several Sessions of Parliament tho' Nine parts of Ten of the genuine Members are absent it being inconsistent with their safety to come under the Power of the Lords Justices and in their room are Clerks Soldiers and Serving-men introduc'd into the House of Commons not at all Elected or not Legally Chosen and not having Estates however they have made Orders and releas'd Traytors Impeach'd in full Parliament and passed or might have passed some Acts against Law and prejudicial to his Majesty and the Nation and have also kept Terms only by false and illegal Judgments and Outlaries to Attaint many thousand good Subjects without Summons or Notice and obscure Men are made Sheriffs and Servants and Mechanicks are made Jurors to pass upon the Lives and Estates of those who came in upon Protection and publick Faith Wherefore and to settle the Revenue and prevent desolation and effusion of Blood and to procure the satisfaction of his Subjects who were willing to imploy 10000 men in defence of his Royal Rights they pray his Majesty to give gracious Answers to these Just complaints and to call a Free Parliament in an indifferent place before some Person of Honor and Fortune of approved Faith to his Majesty and acceptable to the People of Ireland who may be speedily Invested with the Government and that in such Parliament their grievances may be redress'd and Poynings Act suspended pro hac vice and either continued or Repeal'd as shall be thought fit and that no matter whereof complaint is made in this Remonstance may debar Catholicks from Sitting and Voting in such Parliament c. Delivered by the Lord Gormanstown Sir Lucas Dillon Sir Robert Talbot John Welsh Authorized by the Confederates 17 March 1642. to his Majesties Commissioners at Trim to be presented to the King Appendix VI. The Substance of the Answer of the Protestant Committee to the false and scandalous Remonstrance of the inhumane and bloody Rebels of Ireland given unto His Majesty at Oxford in May 1644. THAT the Remonstrants were not necessitated to take up Arms for their Religion for they were not troubled or so much as questioned about it for a long time before the Rebellion nor for His Majesties Prerogative for there were no Opponents of it in Ireland except the Remonstrants who have usurped all the King's Prerogatives as well as the Subjects Estates and have printed an Order of their general Assembly to exclude all Temporal Government and Jurisdiction but what is approved or instituted by that Assembly or the supream Council nor for their Lives Liberties and Estates because they had the Protection of the Law and His Majesties Government and not one Instance can be produced that a Papist quatenus a Papist ever suffered unpunished Violence from a Protestant either in Person or Estate except in open Rebellion And as to the just Liberties of Subjects wherein the Protestants are as much concerned as the Remonstrants they were never so fully and freely enjoyed in Ireland as at the Time of the Insurrection so that there was no Necessity to murther and rob the Protestants for the Preservation of the Confederates Nor have any of their Addresses since the Rebellion been slighted or suppressed Their first was from Cavan of the Sixth of November and received a mild and favourable Answer and was forthwith certified to the Lord Lieutenant The second was from seven Lords of the Pale then in Rebellion who refused upon safe Conduct to come to the State but desired Commissioners might be appointed to confer with them and though such a Condescention was thought dishonorable since it was the others duty to come to the Government yet both the Request and Answer were transmitted to the Lord Lieutenant Their third Address was from the united Lords by the Mediation of the Earl of Castlehaven 23 d. of March when His Majesties Army had raised the Siege of Tredagh and were Masters of the Field however
contribution was worth And the Subsidies were not only First proposed by the Protestants but would never have been consented to by the Papists if they had not found the number of the Protestant Members sufficient to out-vote them and therefore when several of the Protestants were absent with the new Army near Carrigfergus and upon several pretences excluded and Popish Members chosen in their Room so that the Popish Party was most numerous Then the Subsidies which before were One and Forty Thousand Pound apiece were by them reduced to Twelve Thousand Two Hundred Pound apiece whereby the forwardness they boast of sufficiently appears to be untrue And as to Proportion the Protestants besides what the Clergy contributed paid above a Third part of the whole and how it was disposed of appears by the Accounts of the Officers and very much contrary to what the Remonstrants have scandalously suggested And if they were as well devoted to the Crown as the Protestants are his Majesty would soon reap considerable profit out of so fruitful and Flourishing a Kingdom to be disposed of as he should think fit To the 6 th that there was an absolute necessity of Disbanding the new Army there being neither Victuals nor Mony left for them and the charge being too great upon the Kingdom as the Remonstrants declared in Parliament when they were moved to contribute towards it however the Lords Justices did not Disband them without his Majesties Warrant for it and they had also the Kings approbation when it was done And now the Reason is manifest why some of the Remonstrants who were engaged in the Conspiracy were so loath to have that Army disbanded viz. because they saw themselves disappointed of such a help and those Arms with a more full hand to execute their Bloody Design upon the Protestants wherein many of that Army concurred and for the same reason they opposed the Transportation of any of those Forces to Spain and the Priests disswaded the Soldiers from going else certainly they would not be backward to rid the Country of those loose Idle Men nor to assist a Catholick Prince of whom soon after they implored Aid against his Majesty But they had another use of those Soldiers in prospect and which is since executed on the Protestants to the full and their fiction that one of the Earl of Strafford's Servants had threatned to blow them up whereupon a Committee was appointed to search under the Parliament House for Powder was only a Trick to discover the Stores for when they found none there they continued their importunity to see where the Magazine was and were discontented at the denial As for the Chimera of bringing Ten Thousand Scots to force the Papists to change Religion and the Speech that Ireland would never be well without a Rebellion to the end the Natives might be Extirpated it is no wonder the Remonstrants whose thoughts were full of Extirpations which they have too fully effected should think the like designed by others but that it is incredible that the Persons named whose Estates are in Ireland and Families are setled there should disturb that Peace they have so long endeavoured to Establish or should desire a Rebellion which would be doubtfull in Success but certain in Desolation And in like manner ridiculous is the Story of Wagers the truth of which is that at the Sheriffs Table at Wexford Assizes a Protestant proposed to a Papist that he would give him Five Pounds and the other should give him Fifty Pounds for it if he did not come to Church within a Twelve Month whereat the Papist not understanding the Joke seemed surprized and protested he would not come to Church within that time why then says a Third Person you will lose the Fifty Pound for it is to be paid if you dont whereat the Jest was understood and it became matter of laughter there though it be one of the Grievances here pickt up to stuff this Remonstrance and one of the Grounds to justifie their bloody Rebellion The Position that Ireland if named is obliged by an English Parliament affects the Protestants as much as the Papists of that Kingdom however it ought to be decided by Arguments and not by Arms Nor should the Resolution of that Point be written in the Blood of so many murthered Innocents but how the Remonstrants should before their Rebellion have notice of any Intention or Protestation of the Parliament of England to introduce a Law for extirpation of Popery is very unaccountable because the Vote that did pass was subsequent to the Insurrections of the Irish and in Detestation of their inhuman Cruelties Nor in truth were the Irish afraid of any Hardships from the English who lived amongst them even with such kindness and confidence as hath proved fatal to the whole party And though now they pretend that the Priviledges of Parliament are violated by sending for a Sitting Member to answer an Impeachment in England yet when that Point was debated in the Case of Sir George Ratcliff who craved the Aid and Protection of the House then one of these Remonstrants could advise the House to take no notice of it lest any variance should arise between the two Parliaments but when the Protestant was sent over then indeed they instructed their Committee to sollice and settle that Point for the future To the seventh the readiness in His Majesty to hear their Grievances which they confess should have obliged them to Loyalty and Obedience to him and at least Neighbourlike Demeanour to his Subjects and not to scandalize His Majesty through his Ministers by false Accusations against them for the Lords Justices did neither hinder the going of the Irish Committee to England nor send any after them to cross or impede their Design nor in any Case misinform His Majesty But on the contrary when they received a Commission dated the 4 th of January 1640 to continue ptorogue or determine the Parliament as they thought fit they believing that the Parliament designed the general good of the Kingdom not only continued it but also gave it all the Countenance they could So that a Noble Peer moved in the Lord's House That it might be recorded to remain to Posterity That the Lords Justices had always ohearfully received their Requests and Messages and wers ready to comply with them and since the Remonstrants by His Majesties Order had view of all the Private Letters if they could have found any such misinformation as they complained of they would have instanced it to His Majesty and not give him Suppositions for Gertainties And as to the Power of Judicature of the House of Lords in Cases Capital His Majesty wrote to know whether there were any Presidents of it and the Lords Justices having consulted the Upper House returned a true Answer that none were to be found nor do the Remonstrants regard that Power but at that Juncture their party being prevalent they thought they had an Opportunity to get
rid of some of His Majesties English Judges and Officers whom they cannot endure to bear rule over them though they saw the Kingdom prospered above any former Times under their Labour and Travel And it is untrue that the Protestants did envy the good Union of both Houses on the contrary they laboured to cherish and confirm it but if any Protestant opposed the Remonstrants upon any point how reasonable soever they presently clamour that it is done out of Malice against them and the Nation which is an unjust Obloquy and though the Pupists made daily Cabals yet the Protestant Members never had but one private Meeting and that without the Lords Justices knowledge and at that Meeting there were some Papists and the Design of it was to prevent an Impeachment intended by some of the Irish against those that were concerned in the Grand Inquisition of the Kings Title to Conaugth the Plantation of which Province with English the Natives abhorred as that which would have frustrated all their Evil Designs And as to the Session of the 11 th of May 1641 it continued very long viz. to the 7 th of August and was unprofitably spent in Protestations Declarations Votes upon Queries the Stay of Soldiers from going over Seas and private Petitions and it is untrue that there was any Certainty of the Committees being at the Water-side at the Time of Adjornment so on the 14 th of July the Lords Justices sent to both Houses to consider of a Time of Adjornment because the Harvest was approaching and the House was thin and on the 30 th of July the Commons desired the Adjornment might be delayed till the 7 th of August and on the 2 d. of August the Lords licensed the Judges to go their Circuits and the same Day the Commons desired the Adjornment might be from the 7 th of August to the 9 th of November to which the Lords agreed and on the 5 th of August a Committee of both Houses attended the Lords Justices with notice thereof and they consented thereunto by Order to be entred in the Houses as by their consent On the 6 th of August there arrived the Earl of Roscomon with a Letter from the Committee importing that they were busie about their Dispatch at London whereupon the Lords sent to the Commons that they continued their Opinion for the Adjornment and accordingly they did adjourn the next Day so that there is no Ground for the Calumny on the Lords Justices that they threatned to prorogue them or purposed to prevent the passing the Graces not then arrived into Acts. But those Remonstrants having broken Faith with His Majesty and all his faithful Subjects do take liberty to asperse his Governors and well affected Officers whom they desire for ill Ends to make odious to the People Lastly They close this Article with an Untruth for the Lords Justices did immediatly after the Arrival of the Committee write to all the Ports of the Kingdom with Briefs of the Graces concerning matters of Customs commanding the Officers to obey those Directions they also published Proclamations for transporting Wool and what Customs were payable for the same They sent Warrants for free Entries of Tobacco and what Customs were payable for it they gave Order for a Bill to be drawn for a Repeal of the preamble of the Act of Subsidies they also desired Sir James Mongomery and Sir William Cole to give notice to the Undertakers of Vlster of the Graces intended to them and they had formerly sent over the Bill for a General pardon and most of the rest of the Graces were to be executed in Dublin and respected the Regulation of the Courts there for which the Approaching Term was the proper Season But the Remonstrants had not patience to expect that but resolved to be their own Carvers and dispose of the King's Revenue and the Protestants Estates as they thought fit As to the Eighth Article the prodigious Tale of the Petition is untrue And but that these Remonstrants care not what Detractions how untrue and improbable soever they print or publish against those they hate they would not have averred this Story without producing a Copy of a Petition signed by so many Thousands but the Truth is the four Persous named had no hand in any Petition but there was indeed a Petition which reflected more upon the Protestant than the Popish Clergy but as soon as the Lords Justices had notice of it they got the Original into the Clerk of the Councils Office where it still lies What Sir John Clotworthy did or said in the Parliament of England was not known to the Protestants of Ireland nor is it material nor do they believe that any thing was then moved plotted or contrived against the Remonstrants or that the English Parliament resolved any destructive Course against them till after the Rebellion begun though the Remonstrants by confounding Times would use it as a Cover for their inhuman Perpetrations As for the Statute of 2 Eliz. the Remonstrants find fault with it because by repealing by Queen Mary's Act of Repeal it revives the necessary Statutes made by Henry 8 th against Papal Incroachments and Usurpations without which the Papists being dissolved from their dependence on the King's Auchority in matters Ecclesiastical would transfer that half of his Sovereignty to the Pope who might discharge their Allegiance in civil Causes as he hath often done here and elsewhere for as to the Penal part that Statute mitigates the Crime of Advancing foreign Jurisdiction which being Treason before is by that Act not made Treason till the third Offence after two Convictions and as to that part of the Statute about Officers and suers of Livery to take the Oath of Supremacy they have found so many Instances of His Majesties indulgence to them in that particular that it is ingratitude in them to complain And if they mean the second Chapter of secundo Eliz. it is answered that what Noise soever that Statute hath made yet it hath done very little Execution but the Complaint as if those Statutes were forged or had lain dormant till most of the Members of that Parliament were dead is of all other the most shameless for those Statutes were published in print with the rest Anno 16 Eliz. and were soon after too sparingly indeed put in Execution as appears by the Records but 't is true the second Chapter could not be executed because the Papists universally came to Church till of later Days and the Name of Recusant was not then known But afterwards when Popery became more bold and dangerous that Act was sometimes put in Execution but without danger to any Man's Life or Estate for the Penalty was but Nine Pence a Sunday and the Laws in England against Popery are very much more severe and yet upon this slender Ground and the vile Fiction of sending 10000 Scots which was never thought of till long after the Rebellion broke out do these
Remonstrants pretend to justify their Insurrection which nevertheless themselves in their Declaration in Parliament the 16 th of November 1641. have confessed to be traiterous and rebellions and at the same time pretended an Abhorrence of the abominable Murthers and Outrages of the Rebels which now they palliate as a forced taking up of Arms in their own own Defence by discontented Gentlemen Neither was that Declaration forced from them but passed in due course and order and at their own request tho' some of them would have couch'd it in softer terms for fear the Rebels might recriminate but they were outvoted without either violence or threatnings as is most falsly suggested Neither is it true that the Northern Rebels ever sent any Address to the State except the presumptuous Proposition from those of Cavan which was favourably received as hath been already related but it is wisely done of the Remonstrants to pass slightly over the Massacre in Vlster since it is not possible to justifie that barbarous Cruelty In the Proclamation of the 23 of October there is no mention of the Proroguing the Parliament and because some of the Pale did quarrel at the words Irish Papists as if themselves were included therein the Lords Justices issued a Second Proclamation to satisfie them in that Point and tho' there was a necessity of Proroguing the Parliament to avoid concourse to Dublin in that dangerous time yet it was not done without the Kings special Warrant for it who design'd that the Lord Lieutenant should be present at the Session and tho' the Kings Order was to Prorogue it to the latter end of February yet to comply with the Importunity of some of the Remonstrants who were then thought Faithful to the Government the Members were permitted to meet the 9 th of November and Adjorn'd to the 16 th and then Sat two days and shortned the Prorogation to the 11 th of January and tho' in that short Session and that troublesome time it was impossible to pass any of the Graces into Acts yet the Lords Justices did then acquaint the Houses That His Majesty would not depart from any of his former favours promised to them for setling their Estates to such as should remain faithful and Loyal That as to Armed men it was no other than hath been in all Parliaments there before and since viz. the Garrison of the Castle of Dublin in which the Parliament sits always makes a Guard for the Chief Governor and Members of Parliament but neither used Threats committed Violence or presented their Musquets as is unsincerly and untruly suggested nor could the Remonstrants apprehend any danger from this mark of respect shewn them by the Guard if their own inward Guilt had not begat Jealousies in them of what others never thought of for if the Lords Justices would have seiz'd the Persons of some of the Remonstrants upon just Suspitions and violent Presumptions what hindred them certainly nothing but a hopes by mildness and good usage to settle and fix their staggering Loyalty And it is strange that the Remonstrants pretend that any part of the Kingdom was quiet when it appears by Mac Mahon's Examination that the Conspiracy was universal and that the great Towns and Cities would revolt as soon after they did except where the Protestant Inhabitants or his Majesties Soldiers were too strong for them and Collonel Plunket aver'd That all the Catholick Lords had contracted under their hands to joyn in this Insurrection which indefinite expression must be understood to intend all those that did afterwards unite with the Rebels which were indeed all but a very few and he wrote to the Lord Abbot of Melifont that he had been a means to incite the Lords and Gentlemen of the Pale to appear in the blessed Cause then in hand and would use his endeavours night and day ad majorem Dei gloriam And it is to be observ'd that the Collonels John Barry Taaf Garret Barry and Porter who had Warrants to transport four Regiments and were therein Assisted by the Lords Justices did upon several pretences defer it till the 23 d. of October and soon after Garret Barret and his whole Regiment and most of the rest of the Soldiers went into Rebellion and if we add the general discourse amongst the Rebels in Vlster on the 23 d. and 24 th of October exfressing to the plunder'd English an assurance that Dublin was taken and the like mutterings in Munster and Conaught and the antecedent Threats of a general Rebellion and their Consultations at Multifernam mentioned in Doctor Jones his Examination it will be manifest that the Conspiracy was general and premeditated But the Remonstrants suggest that the Lords Justices applied themselves to such powerful Members of Parliament as opposed his Majesty which is like the rest for at that time the King was in Scotland and there was no difference between his Majesty and the Parliament except in relation to the Earl of Strafford whom the Remonstrants most violently prosecuted besides the Lords Justices did not sent to the Parliament at first but on the 25 th of October sent one Express to the King and another to the Lord Lieutenant according to his Majesties former Orders and seeing themselves by the generality of the Rebellion necessitated to invoke all Powers that could Assist them they did on the 5 th of November and not before write to the Privy Council and to the Speakers of both Houses and they sent Duplicates of those dispatches to his Majesty the very same day And tho' it was the highest reason that could be that the Lords Justices should first Arm the Protestant Subjects whom they might confidein for the defence of their own Lives and the Government yet they did also issue Arms to such Papists as they had any hope of and particularly 1700 Arms to those of the Pale some of which were recovered again but most of them were perfidiously made use of against the State neither were the Catholick Inhabitants of Dublin Disarm'd until those of the Pale had declared themselves in Rebellion and then their Alliance and Correspondence with the others made that Action necessary Arms were likewise sent to Wexford Waterford and Trim and Letters of Encouragement to those places and to Gallway The Order of Parliament to Pardon the Irish was publish'd in Print the 12 th of November and dispersed into all parts of the Kingdom but without any more effect than the Lords Justices Proclamation of Pardon of the 30 th of October met with and the Lords Justices Proclamation of the First of November to Pardon those of the Counties of Louth Westmeath Meath and Longford except Freeholders and Murderers was drawn by Mr. Nicholas Plunket and other Members of Parliament and thereupon some few submitted but never restor'd what they had plunder'd from the Protestants but soon after Apostatiz'd into Rebellion again neither did they shew any more respect to his Majesties own Proclamation under his Royal Signet nor
the President Routed them he found many of his Provincials amongst them yet he let them go as supposing they came to look after their Cattle But by the end of that Month the whole Province was in open Rebellion and yet it was not until February that the Lords Justices sent their positive Order to prosecute those wilful Rebels with Fire and Sword and in the latter end of February the President published his Majesties Proclamation under his own Hand and Signet but without effect for the Rebels said that it was Counterfeit and rejected it But Arguments are vain when the thing itself manifests the truth and if ever in any case certainly 't is in this that Res ipsa loquitur and that the President was not the Aggressor for he had neither Men Mony Ammunition or Arms or any other Provision of War fit to contest with so numerous an Enemy that were fledged with the Spoils and Riches of English and it is undeniable that the Irish began to plunder even in great Numbers and Armed in a War like manner and at Noon day but perhaps the Remonstrants think that is not a Commencement of War But in Conaught the case was far different from Munster though the Remonstrants not caring whether right or wrong have mingled both Provinces in the same accusation for the President of Conaught was then at Dublin and in the beginning of November when he went to Athlone he found many of his Provincials whereof some Gentry in open Rebellion who had committed many Murders and more Robberies he presently endeavoured a Treaty with the Gentry that had not yet declared presuming on his Alliance to some of them and his former private Friendship with them but all in vain so that his Case was miserable being surrounded with Multitudes of Rebels who took the Town and kept him Besieged in the Castle of Athlone all that Winter His whole force in the Province was but a Troop and a half of Horse most Irish and Six half Companies of Foot whereof One was Surprized and another sent to Dublin so that he was in no condition to rescue the Distresled English and much less to make any offensive War on the Irish or by any cruelty to force them into Rebellion as they have most untruly suggested The Lords Justices did also send Commissions of Government to the Lords of Clanrickard Mayo and Costilo and Commissions of Martial Law to some of the best of the Natives and the Lord Clanrickard did assure the Irish of his Majesties condescention to the Graces and yet all this could not prevent nor suppress their Rebellion To the Eleventh Whether the Parliament of Ireland have equal Power and Priviledges with the Parliament of England and whether an English Statute can bind Ireland is fitter to be disputed by Arguments than Arms but it is false that the Act of Adventurers in England was grounded or occasioned by any misinformations from Ireland Nor doth it extend to other Estates than those of the most Detestable and Sanguinolent Traitors that ever were heard of and therefore the Loyal Remonstrants should not be concerned but admitting the Act unjust yet it was subsequent to the Rebellion and so could not be a cause of it Nor can we believe it was forced upon his Majesty it being for his own advantage and for the benefit of his Beloved and ever Loving People and if his Majesty should lose by it at present yet he loses to Loyal and obedient Subjects who will in time reprize him as well by saving charge and preventing Danger and Rebellion as by straining themselves at any time for his Majesties Honour and Profit And since there is no Authority nor Command Civil or Military in Ireland but what is derived from his Majesties Authority and acts in obedience to it 't is strange that the Remonstrants should close this Article with a loud and known untruth to the contrary To the Twelfth That the Proclamations enjoyning Strangers to leave the City were issued not only upon sound Reasons and good cause since approved of by his Majesty but also were published at the request of the Popish Inhabitants of Dublin however no Person of Quality or Credit was affronted thereby but were civilly permitted to stay And the Third Proclamation viz. that of the 11 th of November was designed to send the Gentry home to keep the Country quiet unless they had cause of stay in the City however not so much as one Gentleman was either threatned or punished for disobedience thereunto But many and even some Citizens that had liberty to stay in Dublin went voluntarily and did joyn with the Rebels and now they cover their Treason with a pretence that they were forced to go And it is not true that any of the Rebels offered to submit until after the relief of Tredagh when his Majesties Army was Master of the Field nor that any of the Cizens were pillaged or their Goods seized until after the Remonstrants were in open Rebellion Nor then with the consent of the Government who did what it could to prevent and punish Pillaging as by their several Proclamations may appear And as the Lords Justices did nothing without the Council so neither did they countenance any disorder nevertheless they are not accountable for all the Irregular acts of an ill paid Army especially against Rebels that had given such barbarous provocations That the Lords Justices did give Commission to two Papists that desired it to treat with the Rebels but that indulgence as the rest was abused to base ends and produced nothing of the effect propos'd and that no Houses were willingly burnt unless they belonged to Persons in open Rebellion and for Protections the Government granted very few having found by Experience that Protections always turn'd to his Majesties disadvantage because the Protected underhand relieve the Rebels and when they find a fit opportunity do themselves relapse However those few Protections that were granted were punctually observed and the publick Faith never violated by the Lords Justices connivance or consent and when it was discovered that the Protected did Murther stragling Soldiers and carry Powder c. to the Rebels their Passes were revoked and superseded by publick Proclamation and timely notice given them and no man suffered quatenus a Catholick or Irish-man unless he were also a Rebel as they generally were Nor ought the Remonstrants to complain even of the unjustifiable insolence of the Soldiers since all inconveniences consequential to the Rebellion and occasioned by it are justly chargeable on those that begun it And as to such Slaughters as have happened amongst the Confederates in the course of a just War and in defence and necessary Preservation of an innocent People they are no Murthers but the just Chastisements of a Religious Prince on unnatural Rebels and do not amount to the Tenth part of the number they Murdered in cold Blood and without Provocation To the Thirteenth It is strange that those who are so
released and the informer dismissed with ten pounds and a Suit of Cloaths or some such Reward 5. Hereunto may be further added another not so plain as the former that about the same time the Lord Baron of Dunsany did ride in disguise throughout all the parts of Munster pretending to satisie his curiosity in the knowledge of Places and Persons he not being discovered until his return at the Birr where having offered himself to be bound for one of his Company he writ himself in his own stile being loath to leave under his Hand a testimony of his disguised Person and assumed Name Hereunto may be added a Motion made by the Recusant Party in the Parliament of Ireland for hindring the sending away of certain Colonels with their Forces raised in the Kingdom and pretended to be for Service of Foreign parts many wondring it should proceed from them but therein considering these their former Practices their intentions may be discovered to be far different from what others conceived thereof who assented thereunto the imploying so many Thousands abroad being a great weakening of the Forces they purposed for this their soon after following Rebellion To descend now from the Antecedents of this Treason to the falling in thereupon and lastly to the consequents and what thereby hath been intended supposing it to succeed and that it attained the desired effect which by them was not doubted of And first for the entrance thereinto howsoever that the ground-work were long since laid yet would they not have it so to seem But new occasion must be found as the sole Cause of their breaking Out this being intended for the satisfying the minds of such of their own as have not hitherto been acquainted with the depth and mystery of this iniquity that they might not stand amazed at the suddenness of the undertaking or stand off from joyning with them in the worst part of their designs it being an apparent Rebellion The fittest means for this must have been by casting aspersions on the present Government which if long tolerated would prove extreamly dangerous not only to their Religion but their Lives and Posterity For effecting hereof reports were cast out that in the Parliament of England the cutting off of all the Papists in Ireland of what degree soever was concluded upon the Execution of that resolution being committed to the Counsel in Ireland The Lords Justices said they had laid down a day for this work being the 23 d. of November then next following and now last past or thereabouts for the better more secure and more secret managing of this pretended Plot such of the Popish Nobility and Gentry of both Houses as appeared in Parliament at Dublin should be secured And for the drawing together of the rest amongst other pretences this alledged to be one That his Majesties Rents were purposely omitted and not called upon in Easter Term with that earnestness as formerly and that such as made default should be Summoned to appear in Michadmas Term at Dublin and there surprised such of them as were in the Country wanting the Heads being easily cut off They say that this pretended Plot was I know not how discovered to them so that for the safety of their Lives and Profession they were inforced to stand upon their Guard and to Counter-work that day of the 23 d. of November laid for their Destruction by their declaring themselves in Arms on the 23 d. of October a Month before The serious part of this discourse was related to me by a Fryar intimate in their Counsel and by a Priest a Popish Vicar General thereby to give me satisfaction and to justifie their proceedings whose Names I do for the present forbear In respect of his Majesties Service By others also it was informed that this Plot was mainly intended in that Session of Parliament next after the Earl of Straffords beheading and the manner concluded upon In the Popish private meetings which were then observed to be frequent and by some suspected might prove dangerous and that for discovery of what provision of Arms and Ammunition our store of Dublin afforded it being by some suspected that most was sent before to Carrickfergus one of the Popish Faction in the House of Commons put one of the Protestant Members to move ☜ that some of the Earl of Straffords men had cast out some threatning Words against the Parliament in revenge of his Lord which could not be conceived to end in less than a Blowing up of the whole Houses of Parliament the Store lying under them whereupon a Committee of both Houses many of them prime Papists were appointed to make search in all the corners of the Store amongst these the Lord Mac Guire was one who was observed without ocasion to be liberal in disposing of Mony to some of the Officers of the Store in a way more than was ordinary with him The last Sessions of Parliament being Prorogued and the time drawing nigh for putting their design in Execution there was a great meeting appointed of the Heads of the Romish Clergy and other Laymen of their Faction said to be at the Abby of Mullifarnam in the County of Westmeath where is a Convent of Franciscans thereof openly and peaceably possessed for many years last past the day of their meeting being also on their Saint Francis day about the beginning of October last but the time and place I cannot considently affirm yet howsoever the several opinions and discussions are as follow like as I have received it from the said Fryar a Franciscan and present there being a Grardian of that Order where among many other things there debated the question was what course should be taken with the English and all others that were found in the whole Kingdom to be Protestants The Council was therein divided 1. Some were for their Banishment without attempting on their lives for this was given the Instance of the King of Spains expelling out of Granado and other parts of his Dominions the Moors to the number of many Hundred thousands all of them beirg dismissed with their Lives Wives and Children with some part of their Goods if not the most part that this his way of proceeding redounded much to the Honour of Spain whereas the slaughter of many Innocents wouls have laid an everlasting blemish of Cruelty on that State that the like usage of the English their Neighbors and to whom many there present owed if no more yet their education would gain much to the cause both in England and other parts That their Goods and Estates Seized upon would be sufficient without medling with their Persons that if the contrary course were taken and their Blood spilt besides the Curse it would draw from Heaven upon their cause it might withal incense and provoke the Neighbor Kingdom of England and that justly to take a more severe revenge on them and theirs even to extirpation if it had the upper hand 2. On the other
many and pernicious to Ireland that this Parliament should betray the trust reposed in them if they did not declare against this Cessation and use all means in time to make it abortive and therefore they desire that it may be observed and taken notice of First From whence the Counsel and Design of this Cessation ariseth even from the Rebels and Papists themselves for their own Preservation for soon after they had missed of their intent to make themselves absolute Masters of that Kingdom of Ireland by their treacherous Surprises and seeing that this Kingdom did with most Christian and Generous Resolutions undertake the Charges of the War for the Relief and Recovery of Ireland Propositions were brought over from the Rebels by the Lords Dillon and Tafe at which time they were intercepted and restrained by the Order of the House of Commons after that they had the boldness even while their Hands were still imbrued in the Protestants Blood to petition his Majesty that their demands might be heard And for this purpose they obtained a Commission to be sent over into Ireland to divers Persons of Qality whereof some were Papists to Hear Receive and Transmit to his Majesty their Demands which was done accordingly and one Master Burk a Notorious Pragmatick Irish Papist was the chief Sollicitor in this business After this the Just Revenging God giving daily success to handfuls of the Protestant Forces against their great numbers so that by a wonderful Blessing from Heaven they were in most parts put to the worst Then did they begin to set on Foot an Overture for a Cessation of Arms concerning which what going and coming hath been between the Court and the Rebels is very well known and what Meetings and Treatties have been held about it in Ireland by Warrant of his Majesties Ample Commission sent to that effect and what Reception and Countenance most Pragmatical Papists negotiating the business have found at Court and that those of the State in Dublin who had so much Religion and Honesty as to disswade the Cessation were first discountenanced and at last put out of their Places and restrained to Prison as Sir William Parsons One of the Lords Justices there Sir John Temple Master of the Rolls Sir Adam Loftus Vice-Treasurer of Ireland and Treasurer at Wars and Sir Robert Meredith one also of the Council Table Secondly The Lords and Commons desire it may be observed that during all these Passages and Negotiations the Houses of Parliament were never acquainted by the State of Ireland with the Treaty of a Cessation much less was their Advice or Counsel demanded notwithstanding that the care and managing of the War was devolved on them both by Act of Parliament and by his Majesties Commission under the Great Seal to Advise Order and Dispose of all things concerning the Government and Defence of that Kingdom But the wants of the Army were often represented and complained of whereby with much craft a ground was preparing for the Pretext wherewith now they would cover the Counsels of this Cessation as if nothing had drawn it on but the extream Wants of their Armies whereas it is evident that the Reports of such a Treaty have been in a great part the cause of their wants for thereby the Adventurers were disheartened Contributions were stopped and by the admittance to Court of the Negotiators of this Cessation their wicked Councels have had that influence as to procure the Intercepting of much Provisions which were sent for Ireland so that Ships going for Ireland with Victuals and others coming from thence with Commodities to exchange for Victuals have been taken not only by Dunkirkers having his Majesties Warrant but also by English Ships commanded by Sir John Pennington under his Majesty And moreover the Parliament Messengers sent into several Counties with the Ordinance of January last for Loans and Contributions have been taken and imprisoned their Money taken from them and not one Peny either Loan or Contribution hath been suffered to be sent for for Ireland from these Counties which were under the power of the Kings Army while in the mean time the Houses of Parliament by their Ordinances Declarations and Solicitations to the City of London and the Counties free from the terror of the Kings Forces were still procuring not contemptible Aid and Relief for the distresses of Ireland Thirdly As the Lords and Commons have reason to declare against this Plot and Design of a Cessation of Arms as being treated and carryed on without their Advice so also because of the great prejudice which will thereby redound to the Protestant Religion and the encouragement and advancement which it will give to the practice of Popery when these Rebellious Papists shall by this agreement continue and set up with more freedom their Idolatrous Worship their Popish Superstitions and Romish Abominations in all the places of their Command to the dishonouring of God the grieving of all true Protestant Hearts the disposing of the Laws of the Crown of England and to the provoking of the wrath of a Jealous God as if both Kingdoms not smarted enough already for this sin of too much conniving at and tolerating of Antichristian Idolatry under pretext of Civil Contracts and Politick Agreements Fourthly In the Fourth place they desire it may be observed that this Cessation will prove dishonourable to the Publick Faith of this Kingdom it will elude and make null the Acts and Ordinances of Parliament made for the forfeiting of the Rebels Lands at the passing of which Acts it was represented that such a course would drive the Rebels to Despair and it proves so but otherways than was meant for despairing of their Force and Courage they go about to overcome us with their Craft Fifthly and Lastly What shall become of the many Poor Exiled Protestants turned out of their Estates by this Rebellion who must now continue begging their Bread while the Rebels shall enjoy their Lands and Houses And who shall secure the rest of the Protestants that either by their own Courage Industry and great Charges have kept their Possessions or by the success of our Armies have been restored Can there be any assurance gotten from a Perfidious Enemy of a Cossation from Treachery and breach of Agreement when they shall see a fit time and opportunity These and many other considerations being well weighed it will appear evidently that this Design of a Cessacion is a deep Plot laid by the Rebels and really invented for their own Safety and falsly pretended to be for the benefit of the Armies And whereas the Lords and Commons have no certain Information that the Treaty is concluded but are informed by several Letters that all the Protestants as well Inhabitants as Soldiers in that Kingdom are resolved to withstand that proceeding and to adventure on the greatest extremities rather than have any sort of peace with that generation who have so cruelly in time of Peace Murdered many Thousands of our Countreymen
touching Universities and Inns of Court We humbly conceive that this part of the Proposition savoureth of some desire to become independant upon England or to make aspersion on the Religion and Laws of the Kingdom which can never be truly happy but in the good Unity of both in the true Protestant Religion and in the Laws of England for as for matter of charge such of the Natives that are desirous to breed their Sons for Learning in Divinity can be well content to send them to the Universities of Lovane Doway and other Popish places in foreign Kingdoms and for Civil Law or Physick to Padua and other places which draws great Treasure yearly out of your Majesties Dominions but will send few or none of them to Oxford or Cambridge where they might as cheeply be bred up and become as Learned which course I conceive is holden out of their Pride and Disaffection towards this Kingdom and the true Religion here professed And for the Laws of the Land which are for the Common Law agreable to England and so for the greatest part of the Statutes the Inns of Court in England are sufficient and the Protestants come thither without grudging and that is a means to civilize them after the English Customs to make them familiar and in love with the Language and Nation to preserve Law in the Purity when the Professors of it shall draw from one original Fountain and see the manner of the practice of that in the same great Channel where His Majesties Courts of Justice of England do flow most clearly whereas by separation of the Kingdoms in that place of their principal Instruction where their Foundations of Learning are to be laid a degenerate Corruption in Religion and Justice may happily be introduced and spread with much more difficulty to be corrected and restrained afterwards by any Discipline to be used in Ireland or punishment there to be inflicted for departing from the true Grounds of things which are best preserved in Unity when they grow out of the same Root than if such Universities and Inns of Court as are proposed should be granted all which we humbly submit to your Majesties most pious and prudent Consideration and Judgment 8. Prop. That the Offices and Places of Command Honour Profit and Trust within that Kingdom be conferred upon Roman Catholick Natives in equality and indifferency with your Majesties other Subjects Answ We humbly conceive that the Roman Catholicks Natives of Ireland may have the like Offices and Places as the Roman Catholicks Natives of England have here and not otherwise howbeit we conceive that in the generality they have not deserved so much by their late Rebellion therefore we see not why they should be endowed with any new or farther Capacities or Priviledges than they have by the Laws and Statutes now in force in that Kingdom 9. Prop. That the insupportable Oppression of your Subjects by reason of the Court of Wards and Respit of Homage be taken away and certain Revenue in Lieu thereof setled upon your Majesty without Diminution of your Majesties Profits Answ We know of no Oppression by reason of the Court of Wards and we humbly conceive that the Court of Wards is of great use for the raising of your Majesties Revenues the preservation of your Majesties Tenures and chiefly the Education of the Gentry in the Protestant Religion and in Civility and Learning and good Manners who otherwise would be brought up in Ignorance and Barbarism their Estates be ruined by their Kindred and Friends and continue their depending upon their Chieftains and Lords to the great prejudice of your Majesties Service and Protestant Subjects and there being no colour of exception to your Majesties just Title to Wardships we know not why the taking away of your Court concerning the same should be pressed unless it be to prevent the Education of the Lords and Gentry that fall Wards in the Protestant Religion For that part of this Proposition which concerns Respit of Homage We humbly conceive that reasonable that some way may be setled for that if that standeth with your Majesties good Pleasure without prejudice to your Majesty or your Majesties Protestant Subjects 10. Prop. That no Lord not estated in the Kingdom or estated and not resident shall have vote in the said Parliament by proxy or otherwise and none admitted to the House of Commons but such as shall be estated and resident within the Kingdom Answ We humbly conceive that in the Year 1641 by the Graces which your Majesty then granted to your Subjects of Ireland the matter of this Proposition was in a fair way regulated by your utter abolishing of blank Proxies and limiting Lords present and attending in the Parliament of Ireland that no one of them should be capable of more Proxies than two and prescribing the Peers of that Kingdom not there resident to purchase fitting Proportions of Land in Ireland within five Years from the last of July 1641 or else to lose their Votes till they should make such purchases which purchases by reason of the Troubles hapning in the Kingdom and which have continued for two years and a half have not peradventure yet been made and therefore your Majesty may now be pleased and may take just occasion to enlarge that time for five Years more from the time when that Kingdom may again be setled in a happy firm peace And as to Members of the House of Commons the same is most fit as we humbly conceive to be regulated by the Laws and Statutes of that Kingdom 11. Prop. That an Act be passed in the next Parliament declaratory that the Parliament of Ireland is a free Parliament of it self independant of and not subordinate to the Parliament of England and that the Subjects of Ireland are immediately subject to your Majesty as in right of your Revenue and that the Members of the said Parliament of Ireland and all other the Subjects of Ireland are independant and no way to be ordered or concluded by the Parliament of England and are only to be ordered and governed within that Kingdom by your Majesty and such Governours as are or shall be there appointed and by the Parliament of that Kingdom according to the Laws of the Land Answ This Proposition concerns your Majesties High Court of Parliament both of England and Ireland and is beyond our Abilities who are not acquainted with the Records and Presidents of this Nature to give an Answer thereunto and therefore we humbly desire your Majesties pardon for not answering unto the same 12. Prop. That the assumed Power or Jurisdiction in the Council Board of determining all Manner of Causes be limited to Matters of State and all Patents Estates and Grants illegally and extrajudicially avoided there or elsewhere be left in State as before and the Parties grieved their Heirs or Assigns till legal Eviction Answ The Council-Table hath always exercised Jurisdiction in some Cases ever since the English Government
agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin and that such Students Natives of this Kingdom as shall be therein may take and receive the usual Degrees accustomed in any Inns of Court they taking the Oath already mentioned And that they may erect one or more Universities to be Governed by such Rules and Orders as His Majesty shall appoint And it is further concluded and agreed by and between the said Parties and His Majesty is graciously pleased that the said Roman-Catholick Subjects may erect and keep Free-Schools for education of Youth in this Kingdom any Law or Statute to the contrary notwithstanding all the matters of this Article to be passed as Acts of Parliament in the said next Parliament 8. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That Places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom and that upon the distribution conferring and disposal of the Places of Command Honor Profit and Trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities And that all his Majesties Subjects of this Kingdom as well Roman-Catholicks as others shall for his Majesties Service and their own security arm themselves the best they may wherein they shall have all fitting encouragement And the Places of Command Honour Profit and Trust in Civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman-Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of Command Honour Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman-Catholicks and others His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective merits and abilities and that in the distribution of Ministerial Offices or Places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman-Catholick Natives of this Kingdom as to other his Majesties Subjects That the Command of Forts Castles Garrisons Towns and other Places of Importance in this Kingdom shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garrisons Towns and other places of Importance in this Kingdom no difference shall be made between his Majesties Roman-Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities 9. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is further Graciously pleased that His Majesty will accept of the Yearly Rent or Annual Sum of Twelve Thousand Pounds Sterling to be applotted with indifferency and equality and consented to be paid to His Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite common Knights service and all other Tenures within the Cognizance of that Court and for and in Lieu of all Wardships primer Seisins Fines Ousterlemains Liveries Intrusions Alienations Mesne-rates Reliefs and all other Profits within the Cognizance of the said Court or Incident to the said Tenures or any of them or Fines to accrew to His Majesty by reason of the said Tenures or any of them and for and in lieu of Respites and Issues of Homage and Fines of the same And the said Yearly Rent being so Applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be Passed as an Act for the securing of the said Yearly Rent or Annual Sum of Twelve thousand pounds to be Applotted as aforesaid and for the Extinction and taking away the said Court and other matters aforesaid in this Article contained And it is further Agreed that reasonable Compositions shall be accepted for Wardships fallen since the 23 d. of October 1641. and already granted And that no Wardships fallen or not granted or that shall fall shall be past until the Success of this Article shall appear And if His Majesty be Secured as aforesaid Then all Wardships fallen since the said 23 d. of October are to be included in the Agreement aforesaid upon Composition to be made with such as have Grants as aforesaid which composition to be made with the Grantees since the time aforesaid is to be left to indifferent Persons and the Umpirage to the said Lord Lieutenant His Majesties Commissioner 10. It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies than two and that blank Proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within Five Years to begin from the conclusion of these Articles Purchase in this Kingdom as followeth viz. A Lord Baron two hundred pounds per annum a Lord Viscount four hundred pounds per annum and an Earl six hundred pounds Ster per annum shall lose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively And it is further agreed that none be admitted into the House of Commons but such as shall be Estated and Resident within this Kingdom 11. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that as for and concerning the Independency of the Parliament of Ireland on the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 12. It is further Concluded Accorded and Agreed by and between the said parties and His Majesty is further graciously pleased That the Council Table shall contain it self within it's proper bounds in handling matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices
of Ormond in behalf of himself and others his Majesties Subjects and the said Arthur Annesly Esq c. for and in behalf of the Parliament of England have to these Articles interchangeably set their Hands and Seals And the day before these Articles were Sign'd Viz. 18 July the Parliament Commissioners Signed the separate engagement following Viz. We do hereby consent that the most Honourable the Marquess of Ormond shall be permitted with his Family to continue without trouble or molestation in the Castle of Dublin until the 28 th day of July next unless the Parliament or the Committee at Derby House declare their pleasure for his removal sooner which is to be observed within four days after signification thereof and in the mean while his Lordships own Company commanded by Captain Fortescue Sir Francis Willoubyes Company Collonel Willoubyes Company and Captain Charles Blundells Company shall do the duty for the Guard of the Castle and such as are compriz'd within the Treaty shall have liberty to repair to his Lordship as they shall have occasion and during such his Lordships continuance there he may give the order in the said Castle And at the same time the Marquess of Ormond signed an engagement to leave the Castle and to depart thence according to the abovesaid agreement Appen XXIX The Remonstrance of the Lord Inchiquen and the Army of Munster Mr. Speaker IT is not without an unanswerable proportion of Reluctancy to so heavy an Inconvenience that we are thus frequently put upon the asserting of our own fidelities to the Services of the honourable Houses whereunto as we have by several evidences the mention whereof we make without vain glory manifested our selves sincerely faithful so hath it pleased the Divine providence to prosper our endeavours with very many improbable successes to the attainment whereof though we have strugled thro' all the difficulties and contended with all the sufferances that a People unsupply'd with all necessary and secondary means could undergo yet have we encountred nothing of that dis-affection or dis-couragement as we find administred unto us by a constant observation that it is as well in the power as it is in the practice of our malicious and indefatigable Enemies to place and foment differences upon us not only to our extream scandal and disgrace which we should the less resent â—f their malice could terminate in us but to the obstructing of the supply order'd and design'd for publick service and to the irreparable prejudice thereof which our Enemies can value at so low a rate as to put it into the bargain they are in hand to make for our destruction It being very approvable by us that several Persons in power there do interpose their endeavours to continue us by the Impeding of supplies in a desperate languishing and perishable condition upon the Place and in a despicable and doubtful esteem with the honourable Houses whereof there will need no other instances than that after the several promises made by Letters from the Honourable Committee at Darby house and votes pass'd for transmitting supplys unto us especially in case of Major General Starling his being sent to attend the pleasure of the Houses the only Remora then alleadged to make stay of seven thousand Suits of cloaths and ten thousand pounds in money being before designed for our releif there is no more than two thousand seven hundred pounds sent unto us in mony and thereof but fifteen hundred pounds design'd for the feeding of us and the Souldiers under our Command And that notwithstanding the signal Testimony given of our real intentions and affections to that Cause and service in a late Engagement against the Rebels at Knockninosse which we touch at without any affection of vain-glory the Votes then renewed for our Relief and the Order for our Indemnity which was conceived would not have found so much hesitation with those whose service we had only profest are laid aside and nothing effectual or advantagious done in order thereto for our avail save the transmittal of two-thousand seven hundred pounds but on the contrary new jealousies and distrusts of us are reimbrac'd and fomented It is not therefore so insupportable a dis-comfort to us to observe our own lives exposed a sacrifice to the malice of our now potent publick Enemies who by the conjunction of three several armies are not more encourag'd to confront us in the field than we by the art and practice used to withhold those just and necessary supplyes from us disabled to joyn battle with them as to observe our honourable Reputation and Integrity dearer to us than our lives brought into such frequent question and unworthily mangled depraved and slaughtered by the calumnious aspersions of our powerful and prevailing adversaryes in despight of all our zealous and cordial Endeavours to give indubitable testimony and evidence of our Fidelities What if we are beyond any common measure afflicted and dismay'd we are confident that all persons of honour will acknowledge that we have much more than common cause And now that our adversaries have prevailed to deprive us not only of all hopes of subsisting here in your service but have proceeded for to provide that we may not live hereafter but out of your favour So having intercepted and perverted the comfort we well hoped to have received from other testimonies of our sincerity they have only left us this expedient to testifie our mindfulness of our duty by which is to give humble intimation to that honourable House that we are involved in so great and extream Exigences of distress and universal want with the pressure of three joynt Armies upon our weak and naked forces that there remains no humane means discernable amongst us to subsist by any longer in this service unless it shall stand with the pleasure and piety of those in whose service we have exhausted both our blood and Livelyhoods to send us some seasonable and considerable supplyes or that we should be inforced to entertain such terms as the Rebels will give us which of all things we abominate as knowing our necessities will render them such as must be both obstructive and dishonourable and therefore shall resolve of making that the last Expedient to preserve our own and many thousands of poor Protestants lives by or that it shall please the honourable Houses to send Shipping to fetch us off And so in discharge of our dutyes both to God and man we humbly offer to consideration and remain Subscribed by the Officers under the Lord Inchiquen Appendix XL. The Instructions from the Confederate Catholicks to their Ambassadors Instructions to be observed by the Bishop of Fernes and Nicholas Plunket Esq Commissioners Authorized by and in the behalf of the Confederate Roman Catholicks to the Pope IMprimis You are to represent unto his Holiness the deplorable condition wherein the confederate Catholicks are and for your better information to take with you the draught of the representation of the present condition
signing this Declaration were actually there consenting to the Peace and all the Congregation either at or after the conclusion of the Peace subscribed to it So that by the general Consent of the Congregation first or last Thomas Lord Viscount Dillon Donogh Lord Viscount Muskery c. were to look to the performance of the Articles of Peace and thereby had greater pretence to be proper Judges of the Violation of the said Articles than this Congregation Yet without consulting them they publish this Declaration and fulminate their Excommunication against any that should adhere to Us among other things for pretended Violation of the Peace and would not by the said Commissioners be perswaded to retract it Where they say We neither did nor could demonstrate unto them any way of preserving the Remainder of the Kingdom under Our Government it was a Question never asked of Us either by the Bishop of Dromore and Dr. Charles Kelly who brought Us the Message or by the Bishops of Cork and Clonfert that were sent to Us for Our Answer or indeed by any other If such a Question had been moved to Us We should doubtless have answered That the most probable way of preserving the Remainder of the Kingdom was by the chearful Submission of the Cities Towns and People to the rightful Authority placed over them And if the Congregation or as many of them as are now there should be put to shew a more probable way or to quit the Kingdom it is possible it might be fit for them to think of their Voyage as it might in such case be reasonably hoped the Kingdom might be preserved Thus have We gone through and answered all that we could ever see or hear objected against us by the Congregation and acquainted you by what Steps they have proceeded to their Declaration and Excommunication wherein we have recited their own Words and related their own Actions so truly that they cannot if they would deny any part of what we have set down as theirs and therein also we have been the more particular because it is doubtful whether ever we shall have another Opportunity of vindicating our Self from false Aspersions cast upon our Person and Actions Appendix XLIX The Information of the Marquess of Antrim MY Lord of Antrim by Letters earnestly pressing to a Conference with us whose Names are underwritten being then at the Camp of Killahan in the County of Meath there was a Meeting with his Lordship assented unto and accordingly we this Day being the 9th of May 1650 met him at Miltown between Killahan and Killehan in the said County where and when amongst other Discourses and particularly concerning a Commission supposed to have been by the late King given to the Irish for their rising and acting as they have done in Ireland on the 23d Day of October 1641 and after he the said Lord of Antrim said that he knew nothing of any such Commission but that the late King before the said rising of the Irish in Ireland sent one Thomas Bourk Kinsman to the Earl of Clanrickard to the Lord of Ormond and to him the Lord of Antrim with a Message That it was the King's Pleasure and Command that those eight thousand Men raised by the Earl of Strafford in Ireland should be continued without disbanding and that they should be made up twenty Thousand and that they should be armed out of the Store of Dublin and imployed against the Parliament and particularly that the Castle of Dublin should be surprized and secured which the said Lord of Antrim's Discourse in Substance aforesaid was delivered at the Time and Place before mentioned in the Presence of us Signed John Reynolds Henry Clogher The 11th of May 1650 another Meeting was given by us undernamed to the Lord of Antrim at the aforesaid Place when and where amongst other Discourses and in pursuance of that formerly by his Lordship delivered of the King's Instructions concerning the rising of the Irish in Ireland the Lord of Antrim further added That the Letters of Credence by the late King to Thomas Bourke before mentioned were in Substance as followeth Thomas Bourk you are to repair to Ormond and Antrim in Ireland who are to give Credit to what you are to say to them from Us. C. R. Which Letter of Credit being by the said Bourk shewed to Ormond and to him the Lord of Antrim he the said Bourk declared the King's Pleasure concerning the said eight thousand Men and what is before particularly mentioned in his Lordship's Discourse on the 9th Instant which we the Subscribers have read the same in Substance being repeated to us by the Lord of Antrim The said Lord of Antrim further said in our Presence That after the Declaration to the Lord of Ormond and to him the Lord of Antrim made by the said Bourk of the King's Pleasure as aforesaid they the Lords of Ormond and Antrim endeavoured a Meeting with each other for ordering Affairs accordingly but there being as they supposed jealous Eyes over them they could not for a time compass it conveniently he said that in the Parliament then sitting at Dublin they would often take occasion to retire into the withdrawing Room belonging to the Lords House of Parliament in the Castle of Dublin but being followed by others they had not their Conveniency for Discourse which they desired That having appointed a Meeting at the Bowling-Ally in the Colledg-green in Dublin they would there sometimes exchange some Words but having at length gained a fit Opportunity for a Meeting after some Debates it was by them concluded That present Dispatch should be made and sent to the King of that resolved on for his Service Ormond asking Antrim Whom he would employ in that Business to the King he answered that he would send the Lord Macgnire And I said Ormond will send over my Lord of Muskery and a time being appointed for preparing the said Dispatches they then parted but after some Days Ormond again meeting with him the Lord of Antrim told him that Dublin was no convenient Place for their Business that therefore the Lord of Ormond would retire into the Country for preparing of the said Dispatches desiring him the Lord of Antrim to meet him at a time appointed at Kilka in the County of Kildare belonging to the late Countess-Dowager of Kildare whither Ormond said he would come on Pretence of a hawking Recreation and that there they might discourse of all things freely That the time of meeting drawing nigh and the Lord of Antrim prepared for it he was therein prevented by a Message from Ormond wherewithal Colonel John Barry was sent intimating that the Lord of Ormond having considered of the Business he conceived it convenient that one of them two should repair to the King immediately rather than so great an Affair should be trusted by any other That for himself he said that being a Stranger at Court his going thither could not be without Suspicion but that he the
they were Lords of Parliament The Abbot of Mellifont S. Thomas-Abby near Dublin S. Mary Abby near Dublin Baltinglass Jeripont Tintern in the County of Wexford Douske Tracton in the County of Cork Dunbrody Dunbrodiae Mage alias Nenai in the County of Limerick Wony alias Wethney in the County of Limerick Rosglass alias Monaster Evan Bectif Rathto in the County of Kerry The Priors of S. John of Jerusalem Christ-Church Dublin S. Peters near Trim Conal Kells in Ossory Kenlisae S. Patricks in Down All-Saints near Dublin Athassel Killagh S. Marys in Louth In the close of the last Year Ware 154 it happened that a Waterford-Ship loaden with one hundred Tun of Wine was in her return from Portugal put into Baltimore no sooner was it heard of but Finil O Driscol came on Board and very kindly invited the Merchant and Mariners on shoar to refresh themselves at his House after the Hardships they had suffered at Sea they readily accepted of his Invitation but met with another sort of entertainment than they expected for contrary to the Rules of Hospitality he most perfidiously kept them all Prisoners and distributed most part of the Cargo between himself and his Followers as he thought fit But as soon as the Citizens of Waterford were inform'd of this Treachery they mann'd two Sips and a long Boat and although Captain Dobins did easily recover the former Ship and all the Goods that were left which were about the fourth part of the whole and all the Prisoners yet the Citizens of Waterford were not contented with that but sayl'd to Inisherkin and took O Driscol's Castle there and razed it to the ground and destroyed the Island as much as they could and thence they went to Inchypyle which they served in the same manner and at length after they had destroyed Baltymore and the Country adjacent they carried away O Driscol's best Boat and abundance of Plunder and returned safely to Waterford In the mean time Ware 155. the King that he might not be thought to abandon the Religion of his Ancestors enacted in England the Bloody Law of the Six Articles and not long after revoked the Lord Deputy who left Ireland early in the Spring having first substituted Sir William Brereton 1540. Lord Justice in whose time the Irish Potentates began generally and publickly to own themselves Champions of the Papacy and to assume the specious Pretences of Liberty and Religion the better to cloak their Designs of Robbery and Rebellion Ware 156. for some of them being of a temper impatient to live as Subjects any longer than they are disabled to be Rebels were glad of any Pretence that might seem to justifie their illegal Proceedings and therefore many of them confederated together and especially O Neal O Bryan O Donel and O Carol and in the beginning of July appointed their Rendezvouz all four in West-Meath in order to invade and plunder the Pale but the Lord Justice got his small Army together and was joyned by two thousand of the Inhabitants of the Pale whereof many were Clergy-men who very well knew That whatever was pretended by the Irish yet Plunder and Depredation was meant and intended and therefore they were forward and active to defend their Country but as soon as the Rebels had notice of this Preparation which was counted great in those days those holy Champions dispersed their Forces into Woods and Fastnesses so that this terrible Bugbear vanished without Blows But the Lord Justice would not be so satisfied for he pursued O Connor into Ophaly and made several of the Fastnesses of that Country passable for Carriages and brought O Connor to that pass that he was forced to give his Son Cnoghor for a Hostage of his future Behaviour but not long after viz. on the 25th of the same Month of July Sir Anthony Saintleger Knight of the Garter Lord Deputy was sworn as was usual in Christ-Church Dublin and the Form of his Oath is to be found in Burlace's Reduction of Ireland pag. 106. and Ware 's Annals 157. This Lord Deputy by the help of Thomas Walsh one of the Barons of the Exchequer John Myn and William Cavendish two Auditors well vers'd in the Treasury did bring the publick Revenue into good Order and more to the King's advantage than ever it had been before But because some People have written extravagantly Present State of Ireland 12. That the Revenue in King Edward the Third's Days amounted unto thirty thousand pounds per annum and that the Earl of Desmond was able to expend ten thousand pounds per annum it will not be inconvenient to give the Reader an Account both of the publick Expence and Income for one Year during Saintleger's Government viz. for the Year 1543.  l. s. d. The King's Mannors and Lands per annum 6069 02 07 Customs of Dublin Droghedah Dundalk   and Trim 0319 13 04 The Fee Fee-Farms of Dublin and Droghedah 0200 00 00 Pâ—â—ty Farms Profits and Homages 0011 05 08 The twentieth part of the Spirituality 0287 02 01 ½ The King's Subsidy Spiritual and Temporal 0613 08 03  7500 11 11 ½    Irish Money Deduct 182 13 09 ½ for yearly Annuities and Proxies perpetual    and 1131 12 06 for Judges Clerks of Courts Customers Controllers Constables of the King's Castle of Dublin c. and Officers of the County and Liberty of Wexford and there remains 6186 05 08 Besides there were some Temporary Payments to be deducted viz. 500 l. per annum Pension to the late Prior of St John of Jerusalem and 759 l. 3 s. 4 d. per annum Pensions to the Religious Persons belonging to the suppressed Monasteries c. So that there remain'd clear to the King but 4927 l. 2 s. 4 d. For as on the one side there were some uncertain Profits that are not included in this Computation as Liveries Wardships First-Fruits the Profits of the Hanaper and the Tributes of Irishmen and likewise the Mannor of Dungarvan and some other small things not then setled are not in charge so on the other side there were some casual Expences for Buildings Reparations Concordatums Inquisitions Messengers c. that did more than tantamount the casual Branches of the Revenue The Charge of the Military List although the Army consisted of no more than three hundred seventy nine Horse and one hundred and fifty Foot amounted to almost eight thousaud Pounds besides Artillery and some other things that were constantly supplied from England that is to say The Lord Deputy's Retinue A Captain at four shillings a day a petit Captain at two shillings and an hundred Horsemen at ninepence apiece makes four pound twelve shillings per diem and that is an hundred and thirteen Pound eight shillings per mensem and per annum 1478 05 00. Mr. Robert Saintleger for the like Retinue for a year being thirteen months and one day 1478 05 00. Master of the Ordinance his Retinue a
and the Measures of the Rebellion were concerted and setled there tho it seems by the Lord Macguir's Examination that the Day was appointed at Loghross But as the Lords Justices and Council in their Letter express it none of the former Rebellions could parallel this either in the dangerous Original the unexampled Cruelty and extreme Hatred to the British Nation in the barbarous Progress or in the terrible Consequences aimed at therein being no less than to wrest from His Majesty His Scepter and Sovereignty to destroy and root out the British and Protestants and every Species of English out of the Kingdom to suppress God's Truth and set up Idolatry in the stead of it and finally to Invade the Realm of England And in another Letter they affirm That the barbarous and execrable Cruelty of the Irish exceeded any that ever was exercis'd by Turks or Infldels against Christians And even the Earl of Castlehaven Memoirs 25. P. W. Remonstrance 594. tho' a Papist and Peter Walsh tho' a Franciscan Friar do confess That the barbarous Design of this bloody Conspiracy was no less than to extirpate the Protestants and totally to root them out of that Kingdom And they intended to effect this by the most inhuman Methods Declaration of Parliament 21. viz. a General Massacre and Universal Plundring Nor did they come much short of attaining their End Dr. Maxwell's Examination for in the first Three Months of this Rebellion they murdered and otherwise destroyed One hundred fifty four thousand Protestants Lord Justices Letter of 16 March 42. Men Women and Children as the Priests themselves computed it and as one of their own Writers by way of ostentation hath published Bishop Bedell's Life 179. And without doubt Temple 16. no Nation can parallel the horrid Cruelties and abominable Murders without Number or Mercy committed on the British throughout the Land without distinction of Quality Sex or Age Memoirs Epist 1. and certainly it was bad enough when the Earl of Castlehaven himself confesseth That all the Water in the Sea cannot wash away the Guilt of the Rebels the Rebellion being begun most bloodily in a Time of Peace and without Occasion given They destroyed the Soul as well as the Body forcing many weak Christians to turn Papists and then murder'd them whilst they were in the Right Faith See Append. 10. as they said And the cruel Manner of their Torturing the English was more detestable than the Murder it self some being starved till they eat Pieces of their own Flesh broil'd upon Coals and others were used worse At Kilkenny the Lord Mountgarret and the Mayor and Aldermen and Three hundred Citizens in Arms stood by whilst the Protestants were plundered in that City Lord Justices Letter of 14 December And at Longford when the Castle was surrendred upon Quarter the Priest with his Skein in his Hand watched at the Gate till the Minister came forth and then stabbed him into the Guts and ripped up his Belly which Signal was observed by the rest who in like manner murdered all the English of that Garison Men and Women were stript stark naked and in that bitter Winter exposed to the Extremities of Hunger and Cold whereof many thousands died Sucking Children were haled from their Mothers Breasts Remonstrance of Dr. Jones pag. 8 9. and one of them was murdered whilst it was sucking its deceased Mother Nor were Women in Labor used any better One was delivered upon the Gallows another ript up and two Children she went with taken out of her Belly and thrown to the Swine who eat them Burlace 72. and a third the Wife of Mr. Oliphant a Minister being delivered on her Journey in the High-way was nevertheless forced to trot on and draw after her the Child and the Concomitants of so sad an Accident until she died But it would be endless to recount all the Instances of their wanton Cruelty and impossible to frame an Idea in the Mind of the Reader as horrid as their Actions Dr. Maxwell's Examination Appendix 10. which were rendred the more inhuman by the Mirth and Sport they made at the unspeakable Torments and Sufferings of the English And lest some amongst them should have more Bowels of Compassion than the rest Lord Justices and Councils Letter 22 November the Confederates did prohibit to harbour or relieve any Protestant on pain of Death and declared they would not lay down Arms whilst there was the Seed of an Englishman in Ireland And to leave no room for Reconcilation they put to death in Ulster a Messenger sent to them by the State The Motives to this Conspiracy were First The happy Conjuncture for such a Design whilst England and Scotland were embroil'd Secondly The Example of the Scots who had reaped Advantage by their Mutiny and the Irish expected as much at least And Thirdly The Number of able Men ready to enter into this Rebellion which they computed to be Two hundred thousand or more But the Pretences for this Rebellion were exceeding weak and such as manifest that they will rise as often as they get opportunity and in effect do upbraid the English with Stupidity that after so much Experience they should suffer them to be in a Condition to Rebel any more Memoirs 9. and they are briefly these 1. That the Irish were looked upon as a Conquered Nation 2. That the Six Counties in Ulster escheated to the King were disposed for the most part to British 3. That there was a Rumour that Seven Counties more would be seised by the King 4. That the Popish Religion was persecuted in England and they were afraid would be so in Ireland Thus Rumors and Fears tho' without Cause are by the Popish Advocates thought sufficent Justifications of an Irish Rebellion and the Author of the Bleeding Iphigenia assures us Pag. 23. That this War is justified by a Learned Pen and he wonders it should be called a Rebellion as if says he our taking up Arms for our necessary Defence of Lives and Religion against the Protestants our Fellow-Subjects were a Rebellion He argues from the Principle of Self-preservation and the Law in the Case of Homicide se defendendo That it is lawful to make War for Defence of Life or Estate and à fortiori for Religion and concludes That it may be done to prevent a Danger that is foreseen i. e. rumoured or feared And that was the Case of the Papists says he they were necessarily to be destroyed by the Presbyterians and therefore they did wisely to begin first But whoever considers the three Antipathies of Nation Interest and Religion already mentioned will easily find that the true Design of this Universal Rebellion was 1. To destroy the English 2. To regain their Estates And 3. To establish Popery And all other Pretences are without Foundation and vain This horrid Conspiracy was on the Twenty second of October discovered to the Lord Justice
thousand five hundred Pounds yet for the better furthering of the Service we desire Ten thousand Pounds if it may stand with your Convenience 6. That their Pay which was condescended unto from the Eighth of December be presently advanced to the Eighth of February next against which time we are confident they shall be ready to march 7. That a Man of Wâ—r or some Mâ—rchants Ships be sent from Bristol Westchester or Dublin to 〈◊〉 for a Safe Convoy and Guard of the Passage because they 〈…〉 Boats may be subject to Inconveniences from the Enemy 〈…〉 we hear are towards that Coast 8. That the sending 〈…〉 thâ—se Men be without prejudice to the Proceeding of the Treaty which we desire may go on without any delay Westm 24. Jan. 1641. JA. PRYMROSE Which Proposals were approved of by Both Houses but the King disliked the Third Article as appears by His Answer viz. His Majesty having perused and considered these Eight Propositions presented by the Scots Commissioners doth willingly consent to them all except only the Third which His Majesty doth not approve and wisheth the Houses to take that Article again into Consideration as a Business of very great Importance which His Majesty doubts may be prejudicial to the Crown of England and the Service intended And if the Houses desire it His Majesty shall not be unwilling to speak with the Scots Commissioners to see what Satisfaction he can give them therein And the next day they waited upon him and told him That since it was only Matter of Trust that was in debate they hoped that he who was their Native King would not shew less Confidence in them than the English Nation had done Whereupon His Majesty consented rather than the necessary Supplies for Ireland should be delay'd And on the Fourteenth of February a Committee of Both Houses went with a Message to the Spanish Ambassador to this effect That the Parliament were informed Husbands 79. That some Vessels in Dunkirk laden with Arms and Ammunition were designed for Ireland and that if they or any such Ships were suffered to go thence it should be interpreted a Breach of the Peace between England and Spain To which the Ambassador answered That he would be careful to continue the League between both Crowns and did assure them that those Ships were not bound for Ireland And on the same Fourteenth day of February His Majesty sent a Message to Both Houses in which are these Words For Ireland in behalf of which His Majesty's Heart bleeds as His Majesty hath concurred with all Propositions made for that Service by His Parliament so He is resolved to leave nothing undone for their Relief which shall fall within His possible Power nor will refuse to venture His own Person in that War if His Parliament shall think it convenient for the Reduction of that miserable Kingdom And in the same Month the Parliament knowing that the Sale of the Rebels forfeited Estates was the best way to prevent future Rebellions by English Plantations in Ireland and to raise Money for suppressing of this did vote as followeth viz. THe Lords and Commons taking into their serious Considerations Husbands 84. as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience as also the great Sums of Money that the Commons of this Realm have of late paid for the Publick and Necessary Affairs of the Kingdom whereof the Lords and Commons are very sensible and desirous to embrace all good and honorable Ways tending to His Majesty's Greatness and Profit the Setling of that Realm and the Ease of His Majesty's Subjects of England And whereas divers Worthy and Well-affected Persons perceiving that many Millions of Acres of the Rebels Lands of that Kingdom which go under the name of Profitable Lands will be confiscate and to be disposed of and that in case Two Millions and a half of those Acres equally taken out of the Four Provinces of that Kingdom may be allotted for the Satisfaction of such Persons as shall disburse any Sums Money for the Reducing of the Rebels there it would effectually accomplish the same have made these Propositions ensuing 1. That Two Millions and a half of those Acres may be assigned allotted and divided amongst them after this Proportion viz. For each Adventurer of 200 l. 1000 Acres in Ulster 300 l. 1000 Acres in Conaught 450 l. 1000 Acres in Munster 600 l. 1000 Acres in Leinster all according to English Measure and consisting of Meadow Arable and profitable Pasture the Bogs Woods and barren Mountains being cast in over and above These two Millions and a half of Acres to be holden in free and common Soccage of the King as of his Castle of Dublin 2. That out of those two Millions and a half of Acres a constant Rent shall be reserved to the Crown of England after this Proportion viz. Out of each Acre thereof in Ulster 1 d. Conaught 1 ob Munster 2 q. Leinster 3 3. That for the erecting of Mannors settling of Waste and Commons maintaining of Preaching Ministers creating of Corporations and regulating of the several Plantations one or more Commissions be hereafter granted by Authority of Parliament 4. That Monies for this great Occasion may be the more speedily advanced all the Undertakers in the City of London and within 20 Miles distance thereof shall under-write their several Sums before the Twentieth day of March 1641. and all within Sixty Miles of London before the First day of April 1642. and the rest of the Kingdom before the First day of May 1642. 5. That the several Sums to be under-written shall be paid in at four Payments viz. one fourth part within ten days after such under-writing and the other three parts at three Months three Months and three Months all to be paid into the Chamber of London 6. That for the better Securing of the said several Sums accordingly every one that doth so under-write shall at the time of his Subscription pay down the twentieth part of the Total Sum that shall be by him then under-written And in case that the residue of his first fourth part be not paid in to such person or persons as shall be appointed to receive the same within the ten days before limitted then such Party shall not only forfeit the twentieth part of the Sum total formerly deposited but so much more of his first fourth Payment to be added thereunto as shall make up the one Moyety of the said first Payment And if the same Person shall fail in any other of the three Payments he shall then Forfeit his entire first fourth and all the Benefit of his Subscription which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers The Lords and Commons upon due and mature Deliberation of these Propositions have approved of them and given their consent unto the same and will become humble Petitioners to His Majesty for His Royal Approbation thereof and