and Language and not to forestal the Markets of Limerick nor correspond with the Irish And so we come to the Parliament which began at Dublin on the first Day of May and on the last Day of that Month was adjourned to Kilkenny and did there sit the twenty fifth Day of July and on the twenty first was adjourned to Cashel and on the twenty eighth was from Cashel adjourned to Limerick and there it sat on the second of August and continued until the nineteenth and then was adjourned to Dublin to meet the fifteenth Day of September and so after several Prorogations it was finally dissolved the twentyeth Day of December 1537 and enacted as followeth I. The Attainder of the Earl of Kildare and his Complices This Act recites all their Treasons and Retrospects to the eighth Day of July 20 Hen. 8. II. The Parliament reciting That Ireland is appending and belonging to the Crown of England doth make void and nullifie the King's Marriage with the Princess Katharine his Brother's Wife and doth ratifie the Divorce judicially made between them by the Archbishop of Canterbury It also confirms the King's Marriage with Anne Bullen and prohibits Marriage within the Levitical Degrees and orders that Persons so married shall be divorced and their Children after such Divorce shall be illegitimate Then it entails the Crown on the King's Heir Males by Queen Anne and for want of such to his Heirs Males by any other Wife and for want of such to the King's Heirs Female by Queen Anne and particularizes the Princess Elizabeth and the Heirs of her Body c. And that it shall be Treason to Write or Act against the aforesaid Marriage or the Settlement of the Crown and Misprision of Treason to speak against either of those things and deprives the Offenders of Benefit of Sanctuary it makes the Queen and such Counsellors as the King shall appoint Guardians of the Infant King or Queen if it so happen till their respective Ages of sixteen if a Queen and eighteen if a King and prescribes an Oath for the Observation of this Settlement to be taken by the Subject and makes it Misprision of Treason to refuse it III. The Act of Absentees recites the Inconveniences that have happened by reason of the Absence of those that have Estates in Ireland and then vests in the King the Honours and Estates of the Duke of Norfolk the Lord Berkly the Earl of Waterford and Shrewsbury the Heirs General of the Earl of Ormond the Abbot of Furnes the Abbot of S. Augustins of Bristol the Prior of Christ-Church of Canterbury the Prior of Lanthony the Prior of Cartinel the Abbot of Kentesham the Abbot of Osny the Abbot of Bath and the Master of S. Thomas of Dacres 4 Inst 354. And it was resolved anno 1612. That the Earl of Shrewsbury did lose the Title of Earl of Waterford and Viscount Dungarvan by this Statute Nevertheless he had a very good Recompence in England for his Losses in Ireland And it is not unworthy our Remembrance How this Statute came to be made and the Occasion was thus The King being inclined to make Mr. Ailmer who was then Lord Chief justice of the Common Pleas Lord Chief Justice of the King's Bench the Earl of Shrewsbury at the instance of some of his Tenants in Waterford or Wexford opposed his Preferment alledging That Ailmer was a silly fellow and unfit for such a Place whereupon the King repremanded the Lord Cromwel for recommending such a Coxcomb to him the Lord Cromwel begs the King to discourse with Ailmer assuring his Majesty That he was misinformed The King consented and Ailmer being come the King asked the true reason of the Decay of Ireland Ailmer Answered That it was because the Estated Men who used to Reside and Defend their own Estates and countenance their Tenants did now generally dwell in England and left Ireland a Prey to the Natives But that if his Majesty would oblige the Estated Men to Residence or seize their Estates to his own use he would soon find a Reformation The King tickled with this Advice gave Ailmer Thanks and assured him Care should be taken of it next Parliament IV. A Suspension or Repeal of Poyning's Act pro hac Vice V. That the King his Heirs and Successors be Supreme Head on Earth of the Church of Ireland and shall have Power to reform redress c. Heresies Errors and Offences c. And that his Commissioners shall take no Proxies for their Visitations but convenient Meat Drink and Lodging on pain of four times the value VI. That there shall be no Appeals to Rome on Pain of Premunire and that the Chancellor with the Consent of the two Chief Justices the Master of the Rolls and the Vice-Treasurer or any two of them may assign Delegates to Hear and Determine all Appeals to the Chief Governour VII An Act against slandering the King or Queen or their Title c. And that those guilty of High Treason shall not have the Benefit of Sanctuary and that Treasons committed beyond Seas may be tried in Ireland and that all Estates of Inheritance ergo Estates Tail shall be forfeited for High-Treason VIII That the Clergy shall pay Annates or First-Fruits i.e. a Years Profit and shall pay or compound before Possession The Chancellor Master of the Rolls and Vice-Treasurer or any two of them whereof the Vice-Treasurer to be one or any others commissioned by the King may compound and give Instalments That the Bonds for First-Fruits shall have the Effect of Bonds of the Staple and eight Pence to be paid for a Bond and four Pence for an Acquittance and no more IX An Act to vest in the King Sir Walter Delahide's Lands in Carbry in the County of Kildare X. That if the Robber or Felon be found Guilty upon an Indictment by means or Prosecution of the Party robbed that then he shall have Restitution as if it had been done upon an Appeal XI An Act to suppress all Tributes Pensions and Irish Exactions claimed by the Irish from Towns or Persons for Protection XII An Act against the Pope to suppress his Usurpations and that it shall be Premunire to defend or assert his usurped Authority or Jurisdiction and that all Persons Ecclesiastical or Lay That have Office or Benefice c. shall take the Oath of Supremacy mentioned in the Act and the Refusal of that Oath shall be Treason It seems there was much Difficulty to get this Act and the former Act for the King's Supremacy to pass both Houses many of the Clergy opposing them stifly until the Archbishop Brown made the following Speech which being well sconded by Justice Brabazon so startled the rest that at length both Bills passed The Archbishop's Speech was thus My Lords and Gentry of his Majesty's Kingdom of Ireland BEhold your Obedience to your King is the observing of your Lord and Saviour Christ Bish Brown's Life 7. for He that High-Priest of our
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
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
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
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
to and from England Fifthly That a certain Fund be appointed for their Pay Sixthly That at the King's Charge he might have a Family or two out of every Parish in England to inhabit Ireland Seventhly To have Power of granting Benefices and of making a Deputy And Lastly That the Demesnes of the Crown may be resumed and the Acts of Absentees may be executed The Lord Lieutenant within a Week after he came to Dublin caused the Earl of Kildare and three of his Family to be arrested and suffered the Earls Goods to be rifled and spoiled by the Duke's Servants and kept the Earl himself in Prison in Dublin Castle until he paid three hundred Marks It is recorded that the Lord Lieutenant was desperately wounded in an Encounter at Kilmainham and hardly escaped with Life but it is not mentioned how nor by whom but it seems he design'd to revenge it and to make a general Hosting for he made Proclamation that all such as ought by their Tenures to serve the King should assemble together at Ross He also held a Parliament at Kilkenny for a Tallage to be granted but what Success he had in these Assemblies is not so manifest as it is that he went to England on the 13th of March leaving Thomas Butler 1409. Prior of Kilmainham his Deputy in whose time the King gave the Sword to the City of Dublin and changed their PROVOST into a MAYOR and not long after the Barbarous Mac Gilmore being routed and pursued by the Savages fled to the Church of the Friers Minors at Carigfergus which he had formerly defaced but they got into the Windows whence this Tory had formerly taken the Iron Bars and there they put an end to his Villany and his Life In Vlster Jenico de Artois the famous Gascoigne behaved himself briskly and slew eighty of the Rebels in a Skirmish he had with them But on the twenty first of May or rather the thirteenth of June the Parliament began at Dublin 1410. and made it Treason to take Coyn and Livery Lib. D. and on the tenth of July the Lord Justice took the Castles of Mibraclide in Offerol and De-la-mare It seems he proceeded to invade O Birns Country with fifteen hundred Kerns or Irish Souldiers and the Consequence was that they betrayed him and half of them went over to the Enemy so that it had gone hard with the Lord Justice if the Power of Dublin had not been there and yet he escaped not without loss for John Derpatrick was there slain The next Year was probably more quiet 1411. for there is nothing recorded of it except some considerable Marriages amongst the Grandees On the tenth of April 1412. O Connor did much Mischief in Meath and took an hundred and forty English and O Tool and Thomas Fitz-Maurice Sheriss of Limerick kill'd each other in a Duel About this time the King granted the Town and Ferry of Inishonan Lib. G. to Philip de Barry and it is to be noted that almost in every Parliament holden in England during this Reign the danger of Ireland is remembred although very little was done for it because of the frequent Troubles in England and so we come to the 20th day of March on which the King died at the Abbot of Westminster's House in the fourteenâ—h Year of his Reign and of his Age the forty seventh He died so very poor that his Executors refused to administer and therefore the Archbishop of Canterbury who is Ordinary to the Court where-ever it is exposed the Kings Goods to Sale and King Henry the Fifth bought them for the value to be paid the Executors to be disposed of according to his Fathers Will Rolls Abr. 906. but it seems he never paid the Money for it was afterwards ordained in Parliament 4 Inst 335 that the Executors should not be sued by the Creditors The Bishop of Meath is said to have been Lord Justice about the Year 1402. But because I do find him omitted by others and do not find that he did any thing worth mention I have therefore not inserted him as Lord Justice in Order THE REIGN OF HENRY V. King of England c. And LORD of IRELAND HENRY the Fifth succeeded his Father without any opposition and all the Nobility taking it then for a Law that the Crown belonged to the Heir of him that died last seized swore Homage and Allegiance to him before Coronation 1412. which was not usual in those days but this Magnanimous Prince was so taken up with Designs against France that Ireland was but little regarded in his Reign For the present He continued in the Government Thomas 1413. Prior of Kilmainham who did not long remain therein before he surrendred unto Sir John Stanly Lord Lieutenant he Landed at Clantarf the 7th of October and on the 6th of January after died at Ardee whereupon on the 11th of February the Nobility elected Thomas Crawly Lord Justice He was twice Chancellor and then Archbishop of Dublin and was a Man of fingular Piety and Learning and it is to be noted That the Parliament sate at Dublin the 26th of February so that it could not have above fifteen days of Summons though the Day of the Lord Justice his Admittance to the Government and the Day of the Session be included the Irish burnt the Pale during this Parliament as they used to do and therefore a Tax or Tallage was demanded but not granted and so that Parliament was dissolved after it had sate fifteen Days However 1414. the valiant Jenico de Artois invaded the Territory of Macgenis but was so unfortunate to lose many of his Men at Inor whereupon the Irish grew so insolent that the Lord Justice was necessitated to go out in person However he went no farther than Castledermond and there entrusting the Army with the Military men he remained with his Clergy in Procession and at Prayers for the Success of his small Army and the Event answered his expectation for the English slew an hundred of the Irish near Kilkea but that small Victory was soon over-ballanced by a Defeat which the English of Meath received from O Connor on the 10th of May to the Loss of Tho. Maureverar Baron of Shrine and many others and to the imprisonment of Christopher Fleming and John Dardis This Loss discovered the necessity of sending a Martial Man to the Government of Ireland and therefore on the 10th day of September Sir John Talbot Lord Furnival Lord Lieutenant Landed at Dalkye and immediately made a Circular Progress round the Pale in warlike manner He began with the Birns Tools and Cavenaghs on the South and so passing to the O Moors O Connors and O Ferrals in the West and ending with the O Relyes Mac Mahons O Neals and O Hanlons in the North he brought them all to the Kings Peace but he brought no Forces with him out of England and therefore though he had Strength enough to
List of all that did pay this scandalous Contribution Lib. P. 174. and yet I am not willing to conceal from him the Account I have met with which is as follows lib. The Barony of Lecale to O Neal of Clandeboy per annum 20 The County of Vriel to O Neal 40 The County of Meath to O Connor 60 The County of Kildare to O Connor 20 The King's Exchequer to Mac Morough 80 Marks The County of Wexford to Mac Morough 40 The Counties of Kilkenny and Typerary to O Carol 40 The County of Limerick to O Bâ—â—an 40 The County of Cork to Mac Carty of Muskry 40 And whilst the English were engaged in England the Irish advantaged themselves of the Opportunity and without Colour of Right usurped many considerable Estates as they had done before in the time of Richard II and these two Seasons set them so afloat that they could never since be cast out of their forceable Possessions holding by plain Wrong the most part of Vlster and upon very frivolous Pretences great Portions of Laâ—d in Munster and Connaugh And so we are come to the end of this unfortunate Reign which determined some Years before the King's Life for he did not dye until the twenty first Day of May 1472. And it must not be forgot That one of the Articles against this King was That by the Instigation of divers Lords about him he had wrote Letters to some of the Irish Enemy whereby they were encouraged to attempt the Conquest of the said Land of Ireland THE REIGN OF EDWARD IV. King of England c. And LORD of IRELAND EDWARD Earl of March 1460. Son and Heir of Richard Duke of York immediately after his Fathers Death at the Battle of Wakefield betook himself with all Diligence to gather an Army near Shrewsbury and having got twenty three thousand Men together on the second of February he defeated the Earls of Ormond and Pembrook near Mortimers-Cross and killed three thousand eight hundred of their Soldiers and although the Queen not long afterward defeated the Earl of Warwick at Bernard-Heath near S. Albans yet he wisely made slight of that Misfortune and without any Regard to it marched directly to London where on the fourth Day of March by vertue of the aforementioned Act of Parliament he was proclaimed King by the Name of Edward the Fourth He was as to his Person the goodliest Man of his Time and he was not less Valiant than beautiful On the twelfth of March he advanced against his Enemies and on Palm-Sunday with an Army of forty thousand and six hundred Men he encountred with sixty thousand and obtained so great a Victory that thirty six thousand seven hundred and seventy two of his Adversaries were slain And so being safe in his Throne 1461. he thought it time to put the Crown upon his Head which was solemnly performed on the twenty eighth Day of June In the mean time Thomas Earl of Kildare was on the thirtieth of April chosen Lord Justice by the Council of Ireland and continued so until Sir Rowland Fitz-Eusâ—ace 1462. Lord of Portlester and Treasurer was appointed Deputy to the Duke of Clarence He held a Parliament at Dublin Friday before S. Luke's Day which enacted That ten Pound per annum Davis 96. be received out of the Profits of the Courts to repair the Castle hall It seems that one William O Bolgir was made Denizen about this time Lib. G. and that on the fourth of May 1463. Robert Barnwal was made Baron of Trimlets-Town and it must not be forgot That the Earl of Ormond was beheaded at Newcastle and attainted by Parliament in Englaâ—d ◠〈◊〉 4. and that that noble Family was in Disgrace all this â—eâ—gn for their firm adhesion to the House of Lancaster This Lord Justice was long after this in a very old Age made Viscount Baltinglass by King Henry VIII and now was forced to resign to George Duke of Clarence the King's Brother who was made Lord Lieutenant for Life and deputed his Godfather Thomas Earl of Desmond Lib. M. Lord Deputy in whose time Mints were established at Dublin Trim Drogheda Waterford and Galway to coyn Groats two Penny pieces Pence Halfpence and Farthings And not long after it was ordered That English Mony should advance a fourth Part in Ireland viz. That an English Nine Pence should pass for a Shilling in Ireland and a Shilling for sixteen Pence and so proportionably And it seems the Gold Noble coyned in the time of Edward III. was inhanced higher than the rest for it was ordered to pass for ten Shillings And this was the first time any difference was made in the value of Mony between England and Ireland This Lord Justice held a Parliament at Weys Friday before S. Martin's Day 1463. which the Thursday after was adjourned to Waterford to be held the Monday following It was again on Saturday before the Feast of Edward the Confessor adjourned to Naas Irish Statutes 19. to be held Monday before S. Matthias Day and thence on the Friday after it met there it was adjourned to Dublin to be held Monday before S. David's Day and there on the Saturday after it was dissolved having first enacted I. That all Parliament Men should have Priviledge forty Days before and forty Days after every Sessions And II. That the Attorneys Fees be regulated And III. That clipped Mony should not be currant He held another Parliament at Trim 1465. on Wednesday after S. Lawrence his Day at which it was enacted I. That the like Challenge may be had against the Feofee as against cestuy que use II. That any Body may kill Thieves or Robbers Repealed 11 Car. 1 c. 6. or any Person going to rob or steal having no faithful Men of Good Name in English Apparel in their Company III. That the Irish within Pale shall wear English Habit take English Names and swear Allegiance upon pain of forfeiture of Goods IV. That English and Irish speaking English and living with the English shall have an English Bow and Arrows on pain of two Pence V. That there be a Constable and Butts in every Town And Lastly That no Foreign Vessels fish on the Rebels Coast on pain of Forfeiture And every one that fisheth on the Coast of the Pale to pay a Duty But this Lord Justice who was the greatest Man that ever was of his Family began now to decline in the King's Favour and was obliged to give place to John Lord Tiptoft 1467. Earl of Worcester Treasurer of England and Constable of England for Life Lord Deputy of Ireland he was one of the most learned and eloquent Men in Christendom and held a Parliament at Drogheda At which it was enacted I. That the Governour for the time being may pass into Islands II. That none shall purchase Bulls for Benefices from Rome under great Penalty III. That the King's Pardon to Provisors be void IV. That the
City of London to Prison with a Rope about his Neck Nevertheless it so happened afterwards that by the Intercession of the Dean of Litchfield James obtained his Pardon and was sent back home in spight of the Cardinal James Earl of Desmond a Man of great Power and Estate in Munster had for some time designed a Rebellion and to that end by his Agent Anthony Doily had solicited Francis the First the French King for Assistance and entred into Covenants with him anno 1523. however it came to nothing because of the Peace that ensued between both Kings upon which this Intrigue was fully discovered The Deputy had Orders to apprehend Desmond and to that end did march into Munster but either that Earl's Intelligence or Kildare's Correspondence with him prevented the Arrest the latter was vehemently suspected and not without Reason because of the great Friendship and the Consanguinity between them After this the Earl of Kildare and Con O Neal invaded Tyrconnel but upon notice That Hugh O Neal Competitor with Con was up in Tyrone they clapt up a Peace with O Donel and turned their Forces against O Neal whom they totally defeated and slew 1525. Maurice Cavenaugh Arch-Deacon of Leighlin had barbarously murdered his Diocesian Maurice Doran at Glanreynold for which he and his Complices were hanged and their Bowels burnt The last Year there was a great Dearth by reason of a Wet Autumn and this Year there was a great Plague especially about Dublin by reason of a Hot Summer Con O Neal and Manus O Donel Ware 118. repaired to Kildare to reconcile their Controversies 1526. but after many Altercations and Disputes they returned re infecta But Kildare had not only engaged the Birnes to serve the Earl of Desmond Lib. CCC but also by his Letter of the eighteenth of July invited Desmond to meet him in Ossory and this Letter being intercepted by the means of the malicious Cardinal Kildare was sent for to England to answer an Impeachment against him and particularly I. That he did not obey the King's Orders to apprehend Desmond II. That he had contracted Alliance with several of the King's Irish Enemies III. That he had executed several good Subjects only because they were Dependants upon the Family Ormond IV. That he had made private Confederacies with O Connor and other Enemies to invade the Territories of Ormond when he was Deputy Upon this Kildare was imprisoned in the Tower of London and being brought to the Council-Table Cardinal Wolsy then Lord Chancellor as the Mouth of that Honourable Board spoke to him as followeth I wot well my Lord that I am not the meetest at this Board to charge you with these Treasons because it hath pleased some of your Pew-fellows to report That I am a professed enemy to all Nobility and namely to the Giraldines but seeing every shrewd Boy can say as much when he is controlled and these Points so weighty that they should not be dissembled of us and so apparent that they cannot be denied of you I must have Leave notwithstanding your stale Slander to be the Mouth of these Hononrable Lords at this present and to trump your Treasons in your way howsoever you take me First You remember how the lewd Earl of Desmond your Kinsman who passeth not whom he serveth might he change his Master sent his Confederate with Letters of Credence unto Francis the French King and having but cold Comfort there went to Charles the Emperor proffering the Help of Munster and Connaught towards the Conquest of Ireland if either of them would help to win it from our King How many Letters what Precepts what Messages what Threats have been sent you to apprehend him and yet not done Why so forsooth I could not catch him Nay nay Earl forsooth you would not watch him If he be justly suspected why are you partial in so great a Charge if not why are you fearful to have him tried Yea for it will be sworn and deposed to your Face that for fear of meeting him you have winked wilfully shunned his Sight altered your Course warned your Friends stopped both Ears and Eyes against his Detectors and whensoever you take upon you to hunt him out then was he sure aforehand to be out of your Walk Surely this jugling and false Play little became either an honest Man called to such Honour or a Nobleman put in so great Trust Had you lost but a Cow or a Horse of your own two hundred of your Retainers would have come at a Whistle to rescue the Prey from the uttermost edge of Ulster All the Irish in Ireland must have given you the way But in pursuing so needful a Matter as this was merciful God How Nice how Dangerous how wayward have you been one while he is from Home and another while he keepeth Home and sometimes fled sometimes in the Borders where you dare not venture I wiss my Lord there be shrewd Buggs in the Border for the Earl of Kildare to fear the Earl nay the King of Kildare For when you are disposed you Reign more like than Rule in the Land Where you are pleased the Irish Foe standeth for a just Subject Hearts and Hands Lives and Lands are all at your Courtesie who fawneth not thereon cannot rest within your Smell and you smell so rank that you track them out at Pleasure Whilst the Cardinal was speaking the Earl chafed and changed Colour and at last brake out and interrupted him thus My Lord Chancellor I beseech you pardon me I am short-witted and you I perceive intend a long Tale if you proceed in this order half my purgation will be lost for lack of Carriage I have no School-tricks nor Art of Memory except you hear me while I remember your Words your second Process will hammer out the former The Lords associate who for the most part loved Kildare and knew the Cardinal's manner of Taunts so ready being inured therewith many years together humbly besought his Grace to charge him with Particulars and to dwell in some one Matter until it were examined throughly That granted it is good reason quoth the Earl that your Grace bear the Mouth of this Board But my Lord those Mouths that put these things into your Mouth are very wide Mouths such as have gaped long for my wreck and now at length for want of better Stuff are fain to fill their Mouths with Smoak What my Cozen Desmond hath compassed as I know not so I beshrew his naked Heart for holding out so long If he â—an be taken by mine Agents that presently wait for him then have mine Adversaries bewrayed their Malice and this heap of heinous Words shall resemble a Scare crow or Man of Straw that seemeth at a Blush to carry some proportion but when it is felt and poized discovereth a Vanity serving only to fear Crows and I verily trust your Honours shall see the proof by the thing it self within these few
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.
3. To reduce Shane O Neal by force or otherwise 4. To invest the Baron of Dungannon in the Earldom of Tyrone if the Lord Lieutenant think fit 5. To apprehend the O Brians that oppose the Earl of Thomond 6. To make the Clerk of the Council Secretary of State 7. To make a Statute of Uses next Parliament 8. To grant Estates Tayl by Patent to all the Irish that will surrender 9. To reserve the best Rent that was at any time heretofore reserved on the Crown Leases and the Tenant to find a Horseman for every forty Pound Rent and a Footman for every six Pound thirteen Shillings and four Pence and if any Lease be voidable to let the Tenant renew increasing his Rent according to the best Survey 10. To augment the Revenue in granting of Wards and making them sue Livery and to collect and print the necessary Statutes It seems this Lord Lieutenant managed his Affairs well in Vlster 1561. although the Particulars are not recorded any where that I could find Lib. â— for on the sixth day of January Shane O Neal made his Submission to him and thereupon on the twenty second of the same Month he went to England leaving Sir William Fitz Williams Lord Justice 1562. who was sworn on the second Day of February and continued until the twenty fourth day of July and then Thomas Earl of Sussex Lord Lieutenant returned again and finding that the inconstant Shane O Neal had apostatized into Rebellion he prepared as fast as he could to reduce him to Obedience but the Winter approaching so near he was forced to adjourn his Design till the Spring and then on the first day of April he set forward 1563. and on the ninth there hapned a Fray between some Kirne in his Camp to the Slaughter of two or three of them but the Lord Lieutenant by his Authority composed that Matter On the thirteenth of April the English discovered an Ambush laid by Shane O Neal and fell upon them so that one and twenty of the Rebels were killed On the sixteenth the Lord Lieutenant passed over the Blackwater and took a Prey of two hundred Kine And on the twenty sixth he came back to Dundalk On the first of June he advanced again to Dungannon and quartered there and the next day came to Tulloghoge and undestanding that O Neale and his Party were in a Fastness not far off the English attacked them and drove them farther into the Woods And on the third of June the English took eighty Cattle and killed four or five Rebels And on the fourth the Army returned to Armagh And on the sixth day of June they took a Prey of three thousand Kine and one thousand five hundred Garons and Mares which were divided among the Soldiers and so the Army returned to Drogheda Hereupon O Neal being shrewdly terrified Cambden 121 and being also advised by the Earl of Kildare made his Submission to the Lord Lieutenant and promised to do the like in England which he performed in the presence of the Embassadors of Sweden and Savoy and upon his Promise of amendment he was taken into Favour and the Queen gave him some Presents and lent him two thousand five hundred Pound and ordered Sir Thomas Worth and Sir Nicholas Arnold whom she sent Commissioners into Ireland to establish a College at St. Patrick's Church c. to make an Enquiry about a Complaint that O Neal had made That one John Smith had design'd or attempted to poyson him After his Return home he behaved himself civilly and loyally for some time he assail'd the Scots and slew their Captain James Mac Conal and drove them out of Vlster he protected the poor from Injury and was orderly in every thing except his Tyranny over the Lords and Gentlemen of Vlster whom he challenged to be his Vassals Whereupon Macguire and others complained to the Government but O Neal disdaining to have his Princely Claim tried in a Court grows enraged at Macguire for putting the Dilemma upon him either of running into Rebellion again or submitting his Title to the Lord Lieutenant's determination 1564. and in this Fury O Neal invades Fermanagh expels Macguire burns the Cathedral Church of Armagh and besieges Dundalk but the Valour of the Garrison preserved the place till William Sarsfield Mayor of Dublin and a choice Band of Citizens raised the Siege nevertheless O Neal spoil'd and wasted the adjacent Country The Lord Lieut to revenge this proceeded briskly against O Neal Burlace 126. but before he could bring his Designs to perfection he was recalled in his time the Country of Annaly was made Shire-Ground and is called the County of Longford and Connaught was divided into six Counties Clare Galwey Sligo Mayo Letrim and Roscomon he also erected a kind of a Post-Office for the better Correspondence between England and Ireland Holingsh 114. And yet there are some who not without probability attribute these good Works to Sir Henry Sydny On the first of February there hapned a bloody Conflict between the Earls of Ormond and Desmond Lib. P. at Athmean or Affane in the County of Waterford where the latter lost two hundred and eighty of his Men but not long after the Lord Lieutenant was recalled and Sir Nicholas Arnold 1565. Lord Justice was sworn the twenty fifth of May and had an Army or rather a Garrison of fifteen hundred and ninety six Soldiers with which he made a shift to keep what he had but he did not enjoy that Honour long before Sir Henry Sydny Knight of the Garter Lord President of Wales came over Lord Deputy he Landed on the thirteenth of January and was sworn the next Sunday after being the twentieth he was received with great joy being a Person of whose excellent Government that Kingdom had long Experience and when he received the Sword he made an eloquent and pithy Speech to this effect setting forth what a precious thing good Government is and how all Realms Commonwealths Cities and Countries do flourish and prosper Hooker 111. where the same is orderly in quiet Justice and Wisdom directed and governed Secondly What a continual Care the Queens Highness hath had and yet hath not only for the good guiding and ruling of the Realm of England but also of Ireland which she so earnestly desireth and wisheth to be preserved as well in Peace as in War That she hath made great Choice from time to time of the most Grave Wise and Expert Counsellors for the one and the most Valiant Skilful and expert Men of Arms for the other That both in Peace and Wars the publick State of the Commonwealth and every Member therein might be conserved defended and kept in Safety under her Government And for the performance thereof her Majesty over and besides the Revenues of the Crown of Ireland did yearly far above any of her Progenitors expend of her own Coffers out of England great Masses of Money
their Bond men wherein we are to desire you to take part with us according at you are bound by Conscience and by Nature to defend your Country And if you be afraid we should shrink from you after you should enter this Cause you shall understand that we took this Matter in hand with great Authority both from the Popes Holiness and from King Philip who do undertake to further us in our Affairs as we shall need Wherefore you shall not need to fear to take one part of it and be assured we will never agree with none of your Adversaries without your Consent and this our Letter shall be a sufficient Warrant for the same Newcastle Novemb. 29. 1579. Besides the Nonsence and Illiterature appearing in this Letter is it not prodigious that Fitz-Girald an English Man should rail against his own Nation and think that to be the worst of Faults which was most inseparable from him the Foundation of his greatness viz. his extraction or that he who held his Estate by English Laws and Patents should so insist upon his Possession as to forget his Title and by a stupid Contradiction look upon the English as Usurpers whilst he himself had no other Right But he who could fancy that any Authority in Ireland could be derived from King Philip might swallow impossibilities and without fear or wit run into destruction as he did In the mean time the Lord General Ormond invaded Connilogh December to which Place Desmond was again returned but did not at all expect that Attack so that most of the Inhabitants were surprized and either killed or taken Prisoners and the Villages were either plundered or burnt the Earl was like to be surprized at Newcastle and very narrowly escaped And not long after Ormond had a Brush with the Seneschal of Connilogh and though Ormond got the better yet he lost many of his Soldiers and therefore in revenge he burnt all the Country about Lefinnen and then marched to Cork and in the way he took a Prey of fifteen hundred Cows and brought them thither At Cork Ormond disposed of his Army into Garrisons and then went to Cashel having by the way taken the Mayor of Youghal who had formerly refused a Garrison and undertook to defend the Town against the Rebels and yet when Desmond attacked it the Mayor delivered it up almost without Blows and therefore to appease the Queen who was mightily troubled at the scandalous Loss of Youghal the Mayor was deservedly executed before his own Door and it is observable that Youghal was wholly deserted so that there was not one Soul left in it except one Fryar who was spared for the Humanity he had shewed to the Corps of Henry Davels which he carefully buried but the old Inhabitants were by Proclamation of the first day of February invited to return and to encourage them thereunto a Garrison of three hundred Foot was left in the Town under the Command of the Captains Morgan and Pierce In the mean time Ibid. Ormond made great Preparations to recover the Castle of Sangically from the Spaniards from whom he expected stout and obstinate Resistance but on the contrary they deserted the Castle upon view of the Army and fled over the Water but were so hotly pursued that most of them were slain and a Garrison was put into the Castle Ormond's Head Quarters were at Adare and it being usual for the Soldiers to range abroad for Forage or Plunder Desmond placed an Ambush so luckily that it once intercepted them but being stout and well disciplin'd Men they made good their Retreat without any Disadvantage In the mean time the Lord Justice whom we left at Limerick marched into Thomond where the Earl and his Son and two Servants very ill mounted met his Lordship and waited on him to Galway and there the Lord Justice confirm'd the Priviledges of that Town 1579. and thence marched through Athenry Ballinislow and Athlone to Dublin and there he found William Norris and an hundred and fifty brave Horse all in a Livery of Red Coats and Yellow Lace newly arrived from England which were immediately sent to Quarter at the Newry where Norris died on Christmas Day Captain Casy's Company that was left in Galway was forced to hire a House for the Soldiers and the Queen paid the Rent of it and on the twenty eighth of November a Custodiam of the Bishoprick of Ross was granted to Robert Drury for three Years and on the 3d. of Dec. the L. Justice kept Sessions at Trim and caused 16 Malefactors to be executed and on the 10th of Dec. Sir Hugh O Reily made his Submission at Drogheda and the same day 5000 l. in Money arrived out of England On the eighteenth of January the Lord Justice left Dublin and came by the Sea-coast to Wexford where he kept Sessions and sate personally in the Court thence by Tintern he came to Waterford where he was nobly received and the Mayor carried the Sword before him The Earl of Ormond met him at Waterford and upon Advertisement that the Rebels drew near Dungarvan and Youghal Captain Zouch was sent with four hundred Foot and an hundred Horse to oppose them On the Eleventh of February a Commission of Martial Law was sent to Sir Warham Saint-Leger Hooker 166. and then the Lord Justice having stayed three Weeks at Waterford removed to Clonmel where Ormond met him again and thence he marched to Limerick and had his Baggage carried a great part of the way on Mens Shoulders for want of Carriage-Horses or because of the badness of the Way or both at Limerick the Chancellor of that Diocess was found guilty of Treason for corresponding with Desmond but he made Shift to get a Pardon whilst the Bishop of Limerick who was shrewdly suspected was confined to his House On the Tenth of March the Lord Justice and Ormond met at Rakele and the next day they passed over the Bridge of Adare and returned at Night and then they divided their Forces and invaded Conniloe burning and spoiling the Country and incamped within one Mile of Kilcolman where they had News that Lieutenant Parker five Horse and three Foot coming from Limerick were set upon by an hundred Rebels near Rakele but they so behaved themselves that they slew the Commander and five or six more of the Enemy and came off with small Loss the same day a Soldier of the Marshal's encountred two lusty Kerns and having slain one he compell'd the other to carry his Fellow's Head to the Camp where he was likewise slain On the twelfth of March the Army being divided Preyed and burnt the Country to Slevelogher as they did likewise the next day and slew above four hundred Men whereupon the Lord Lixnaw was humbled and made his Submission The Lord Justice having marched as far as Slewemiss beyond Traley and not being able to pass farther resolved to besiege Carrigifoyl which was Desmond's chief strength and it was Garrisoned
flight The Establishment for this year from Feb. 1599. to February 1600. came to 222961 l. 4s 8d ½ and on the 24th of March 1599. the Army consisted of 1200 Horse and 14000 Foot But the Strength of the Rebels lying in their Fastnesses the Lord Lieutenant resolved to make War upon them with Garisons and small flying Army and accordingly he placed in Dundalk 100 Horse and 650 Foot in Ardee 50 Horse and 700 Foot in Kells 50 Horse and 400 Foot in Newry 50 Horse and 1000 Foot in Carlingford 100 Foot and 100 Horse and 1000 Foot were appointed for Leinster to invade Leix and Offaly and victual Philipstown which Sir Oliver Lambert with much Gallantry performed about the 15th of April though he met with brisk Attacks from Owen mac Rory In the mean time the Rebels being disheartened with this manner of proceeding and Tyrone's flight from Munster grew every day in worse condition and suffered many Losses the Garison of the Naas took a Prey and kill'd many Rebels and Sir Francis Shane defeated 140 of them whereof 45 were slain on the place of which number fourteen were kill'd by himself so that many of the Rebels offered to submit which was the less regarded because it was known that even those that had not yet entered into Rebellion were hindered more by a sense of their Danger than their Duty and that they waited only for a safe opportunity to declare themselves insomuch that O Sullevan assures us Sullevan 177. that before the Battel of Kingsale the Papists in the Queen's Army had promised to revolt and that many did so by two or three or ten at a time and that if they had all done so then there had been an end of the English for ever The Lord Lieutenant march'd toward Vlster the fifth of May he passed the Moyry on Whitsunday Morning and came to Newry where he was inform'd that O Neal had raz'd Blackwater Fort burnt Armagh and was retired into the Fastness of Logh lurken whereupon Montjoy on the 15th of May drew out towards Armagh with 1500 Foot and 200 Horse but hearing that the Earl of Southampton and Sir Oliver Lambert were coming to him with recruits on the 17th of May he sent Captain Blany with 500 Foot and 50 Horse to conduct them who accordingly came to Faghard near Dundalk and thence all together marched toward the Newry but were attacked briskly at the Pass of the Moyry by Tyrone and 1200 Foot and 220 Horse but Montjoy who foresaw this design came seasonably to their Relief so that they passed the Moyry in spight of the Rebels with a small Loss to themselves and very considerable Loss to the Enemy in a brisk Fight they had there In the mean time a Garison was planted at Loghfoile by Sir Henry Dokwra and they took Newcastle and spoil'd all O Dogharty's Countrey took a good Prey of Cows and killed many Rebels they also fortified at Derry which frightened many of the Irish into the Islands of Scotland and forced some of them to Submission About the middle of June Montjoy return'd to Dublin by the way of Carlingford O Neal being retired into his Fastnesses At Dublin the Lord Lieutenant met many and great Clamours that in his absence the Rebels had invaded preyed and burnt the Pale but the Loss was not half so great as the Noise As to Munster The President with 900 Foot and 100 Horse came to Youghall the 21st of April where he receiv'd an account that Florence Mac Carty and others of Carbry on Tyrone's encouragements were in actual Rebellion wherefore Captain Flower was sent into Carbry with 1200 Foot and 100 Horse Pacata Hib. 30. and burnt and preyed as far as Ross but in their return at Awnebuy they fell into an Ambush of 2000 men which Florence Mac Carty and Dermond O Connor had laid there for them however the English behaved themselves so well that they slew Carbry O Connor and 100 Rebels and wounded as many more without the loss of any Person of note on their side and about the same time the Garison of Killmallock took a good Prey from the Brough On April the 24th the President came to Cork where he had an account of the miserable condition of the Province which was all in Rebellion except some few Lords and Gentlemen whose followers and near relations were likewise in Action so that there could be no great confidence placed in themselves the very Cities and Towns were staggering and so frighted by the Threats and Excommunications of the Clergy that there could be no Trust reposed in them But all this did not discourage the President On the 25th of April John Mac Thomas took a Prey of 300 Cows and 10 Horses from Castlelions and the next day Redmond Burk invaded O Dwyres's Countrey to his loss of 120 Men to revenge which Redmond soon after return'd thither and on the Sixth of May slew all the Men Women and Children and took all their Cattel and burnt all that Country On the 29th of April the Garison of Killmallock took the Prey of Loghgwir and soon after Banet Condon and the White Knight submitted to the President On the Third of May Florence Mac Carty on promise of safe return came to Cork and submitted to the President and promised Neutrality and Dermond O Connor was dealt with for a considerable reward to sieze upon the Sugan Earl of Desmond and one Nugent a relapsed Rebel for Pardon and reward promised to find means to ruine John Fitz Thomas Desmond's brother which he attempted to doe by pistolling him but was prevented in the very nick and the next day was hanged Likewise Redmond Burk who commanded 500 Banaughs was wheedled by the President in hopes of the Barony of Letrim to withdraw out of Munster and was soon followed by Tyrrel Hempon Peirce Laâ—y finding himself unable to defend his Castle of Brough burnt it and in July after â—â—ed to Vlster The President had given out that he design'd to march to Lymerick the Sixth of May whereupon the Rebels met in great numbers at Ballyhawra and continued together ten days and then partly for want of Victuals and partly because they believed the President would not or durst not come that way they separated The same day Sir Richard Piercy Governour of Kingsale slew 10 Bonaughs in Kynalmeky and had surprized them effectually but that Florence Mac Carty gave them intelligence of the Design On the 21st of May the President marcht from Cork to near Mallow and the next night near Killmallock the 24th to Brough where he left a Garison and the 25th he came to Lymerick On the 23d James Galdy Brother to the Lord Cahir and with his privity by the Treachery of an Irish Centinel surprised the Castle of Cahir but in lieu of that the Governour of Loghguir-Castle Owen Grone delivered it up to the President for a Summe of money not exceeding 60 l. On the 28th of May the President
march'd to strengthen the Earl of Thomond's Quarter 4. Levison tow'd his Ships out of Kingsale Harbour 5. A Scotch Vessel having eighty Spaniards on board 6. put them into Vice-Admiral Preston's hands and the same day Levison destroy'd the Spanish Ships at Castlehaven Many of the Provincials of Munster revolted and joyn'd with the Spaniards as did also O Donell's Army and O Conner Kerry surpriz'd Carigfoyle A small Skirmish with the Spaniards 8. and Tyrone's Army discovered in view The Camp fortified 9. 10. 11. The Spaniards made a slight Sally 12. Bad Weather 13. 14. The Artillery plaid 15. 16. The Spaniards made a Sally 17. and broke down a Platform Bad Weather 18. 19. Artillery plaid 20. and the Camp was fortified Tyrone appear'd between the Camp and Cork 21. and the Spaniards sallied ineffectually The same was repeated 22. The Artillery plaid 23. On the 24th of December hapned the famous Battle between the Lord-Deputy on the one side and Tyrone and Odonell and their Irish and some Spaniards on the other which I forbear to describe because is is done at large Pacata Hibernia 233. It will be enough to say that it ended in a glorious Victory the Rebels being totally routed and 1200 of them slain upon the place and above 800 wounded without any loss at all on the English side except one Cornet and five or six Souldiers nor did those Rebels that fled escape scot-free for Tyrone lost many of his Men and Carriages in his hasty passage over the Blackwater and they which passed through Connilogh suffered as much by the River Mage and met with a severe rebuke at Abby-owny It is strange that this Battle being fought within a mile of Kingsale the Spaniards in the Town should know nothing of it and yet it is certain they made no Sally till the Battle was over and even then they sallied twice to little purpose On the 28th Syriago with more Spaniards arrived at Castlehaven but finding that the Irish Army was beaten he wisely return'd home and on the 31st Don John de Aguila offered a Parly which after several expostulations centered in a Peace upon honourable Conditions recited at large in Pac. Hib. 245. On the 9th of January the Camp was dissolved and Don John rode with the Lord-Deputy to Cork and the Deputy dispersed his Army into Garrisons in Munster for their refreshment and sent the Captains Harvy and Flower to receive the the Castles of Dunboy Castlehaven and Baltimore from the Spaniards pursuant to the Capitulations and accordingly they were all surrender'd except Dunboy which the Irish surprized and soon after Forts were erected at Halbowling and Castlenipark and the like was intended at Baltimore and Beer-haven The Corporation of Kingsale had their Charter restor'd upon their Petition on condition nevertheless that the Townsmen should repair their Walls at their own charge and 2000 of the Army in List were cashier'd to lessen her Majesties charge On the 20th of January the Cardinal of St. George wrote a Letter to Tyrone Lib. C. stufft with fulsom Commendations of him and with passionate Exhortations to persevere in the defence of Religion the Letter began Illustrissime Excellentissime Princeps c. Several petty Accidents happened in Munster as the taking of Capeclear-Castle by Captain Harvy who was Governor of Carbry from Ross to Bantry and the slaughter of 18 of Donough Moyle mac Carty's men by the Lord Barry the execution of William mac Hubbard and the submission of Sir Finin O Driscol and Sir Owen mac Carty's Sons But I am not willing to make this History more voluminous than needs must and therefore I pass by many trivial Matters especially such as are at large to be found elsewhere and particularly in Pacata Hibernia On the 28th day of March 1602. the Lord Deputy came to Dublin in a Horse-litter being very much indispos'd however he disposed of the Army which was in List 16950 Foot and 1487 Horse into Garisons convenient for the Summer-service and it must not be forgot that this victorious Army did out of their Pay give 1800 l. to buy Books for the Library of the Colledge of Dublin which was faithfully laid out by Dr. Challoner and Mr. Vsher The Lord-Deputy being pretty well recovered marched to Dundalke and in the beginning of June came to the passage over the Black-water five Miles eastward of the Fort and sent Sir Richard Morison's Regiment to the North-side of the River and then he built a Bridge over the River and a new Fort to guard it which he called Charlemont and having left Captain Cawfeild and 150 Men in Garison there he sent Sir Richard Morison's Regiment to possess Dunganon but on their approach the Town and Tyrone's great House were purposely set on fire however they went thither and were followed by the Deputy and the rest of the Army Sir Henry Dockwra who had lately planted a Garison at Ony came also to the Deputy at Dunganon whereupon Tyrone retired to the Castle Row upon the Ban and the English wasted the Country as far as Eniskilling and took the Island of Magherlowny which was Tyrone's Magazine and another Island wherein they recovered three Pieces of the Queens Artillery Sir Arthur Chichester also came with his Forces from Carrifergus by the way of Loghsydny and being joyned by Morison's Regiment they built the Fort of Montjoy which was left with 850 Foot and 100 Horse under the Command of Francis Row Deputy-Governor to Sir Benjamin Berry and so the Victuals being almost spent the Army was forced to divide and Sir Henry Dockwra had directions to prosecute Tyrone from Ony by the way of Dungeven in O Canes Country and Sir Arthur Chichester was to do the like by the way of Toome and the Deputy himself resolv'd to assault him by the way of Killetro and so he marched to Monaghan on the 19th of July and having setled a Garison there and destroyed the Country and placed Connor roe Macguire on the borders of Fermannah he came to the Newry About the 10th of August Sir Arthur Chichester from Masserine and Sir Henry Danvers from the Newry had orders to march and besiege the strong Fort of Enislaghlin wherein most of Tyrone's Plate and choice Goods were deposited and accordingly they did attack that Fort and had it surrendred to them in a day or two and on the 19th of August the Garison were brought Prisoners to the Newry On the 20th of August the Lord-Deputy took the Field and encamped between Newry and Armagh and understanding that Tyrone was in Fermanagh he marched over the Bridge near Fort-Mountjoy and placed a Ward near Dunganon and and staid five days near Talloghoge and broke the Chair of Stone wherein the Oneals used to be inaugurated and destroyed the Country Here Sir Henry Dockwra with some Horse came to the Deputy and brought O Cane who had lately submitted And about the same
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
Name of THE CASE OF TENURES and was excellently reported in Print by Baron Barry afterwards Lord Chief Justice of Ireland and Baron of Sautry This Grand Inquisition was counted so great a Master-piece of the Lord Deputies and so beneficial to the King and advantagious to the English Interest That some Persons who went to England to complain of it were there not only discountenanced but imprison'd and afterwards sent back to be dealt by as the Lord Deputy should think fit which it seems produced their Submission And not long after the Lord Deputy having first received Orders to Grant the Impropriations belonging to the King to the use of the Clergy and to Grant to Trinity Colledge near Dublin Lands equal in value to the Pension they had from the Crown of 388 l. 15 s. per Annum went to England to give his Majesty a Triumphant Account of his glorious Successes in Ireland which he performed to Admiration First to the King in a private Audience and afterwards publickly at the Council-board He there told the King and Council That he had found the Irish Exchequer of Paper but he had made it of Treasure and that he had not only improv'd the Patrimony of the Church of Ireland but had also brought it to be Conformable to that of England both in Doctrine and Government by the Acceptance of the Thirty Nine Articles there That before his going to Ireland the Lord Justices wrote That the Expence exceeded the Income 24000 l. per Annum and they had no ways to raise it but by the Levying Nine pence a Sunday on Papists for not coming to Church but that now it was far otherwise without that Persecution And he advis'd That the Army should rather be encreased than diminshed it being an excellent Minister and Assistant in Execution of the Kings Writs and the great Peace-maker between the British and the Natives and the best security of past and future Plantations That by the Statutes of Wills and Uses there will more advantage arise to the Crown of England than by the six Subsidies because thereby the insant Heirs of all great Families in the Kingdom will unavoidably come under the Guardianship of the King whereby they will be bred Protestants and of what Consequence this Superintendency is doth in part appear in the Person of the Earl of Ormond formerly the Kings Ward who if bred under the Wing of his own Parents had been of the same Affections and Religion with his other Brothers and Sisters whereas he is now a firm Protestant and like to prove a great and able Servant to the Crown and a great Assistant as well in inviting others to be of his Religion as in the Civil Government it being certain That no People are more apt to be of the Religion of their great Lords than the Irish are That by the Statute of fraudulent Conveyances the Irish are prevented in their cunning Disigns by secret and sleeping Conveyancies so that the King will have his Forfeitures and Wardships and the English be encouraged to purchase of them That before his time the Pirates infested the very Harbours and a Ship was fired by them in the Port of Dublin in sight of his Majesties Castle and the Pirates were robbing the Ship two days together without opposition the Reason was because our Sea-guard for want of Money did not come till August before which time the mischief was done but now they are well Paid and come in March and that now the Exportation is double to what is imported into the Kingdom That he discourag'd Woollen and encourag'd the Linen Manufacture and had sow'd 1000 l. worth of Holland-Flax Seed and set up six or seven Looms and doubts not Success because the Irish can under-sell France or Holland Twenty per Cent. And then he laments That the English of Ireland are treated as Aliens First In the Imposition of 4 s. per Tun on Coal Secondly In the Prohibition to transport Horses or Mares hence without excessive Custom Thirdly In the Imposition of 3 s. and 4 d. per Head for every live Beast exported thence and afterwards he procur'd a Privy Seal to supersede these pro tempore Lastly That tho' he was represented more like a Basha of Buda than the Minister of a Pious Christian King yet severity was not natural to him but assumed because it was necessary for the Restoration of a Despoyled Crown Church and People from the Claws of those that had been used to the Paths of an uncontroled Liberty and Oppression But to proceed ADAM LOFTUS Viscount ELY 1636. Sir CHRISTOPHER WANDESFORD Master of the Rolls were Sworn Lords Justices on the 3d. day of July 1636. and immediately some Fryars notwithstanding the former Proclamation had a publick Meeting and passed unpunish'd for the Lord Deputy wrote over That he held it not convenient to rub upon that Sore till they were provided for a thorough Cure These Lords Justices had Orders to call upon Corporations for a return of their pretended Priviledges to issue Money to finish the Fort of Galway to suspend the Lord Courcyes Pension to quicken the Admeasurement in Conaught and not to let any Soldiers be Transported But on the 23d of November THOMAS Viscount WENTWORTH returned Lord Deputy and then the aforesaid Case of Tenures was argued but the Judgment That the Letters Patent were void Husbands Collections 2 Part 245. did so Alarm the whole Nation that it was found necessary to delay the Execution for a time and afterwards Anno 1640. on private Conference with the Irish Committee then in England for it was not made an Article amongst the Grievances publickly complain'd of the King quitted the benefit and advantage thereof and so the vast Expence of this Grand Office and Inquisition which amounted to at least 10000 l. was in effect lost and this terrifying Bug-bear did not add one Acre to the Possessions of the Crown nor one English Plantation to the Kingdom as was at first design'd In the Year 1636 1636. John Atherton was preferred to the Bishoprick of Waterford and Lismore by a Symoniacal Contrivance as was believed says the Writer of Bishop Bedells Life pag. 144. but that is not probable because that Bishoprick was then so Poor that it was too small a Temptation to so great a Sin it is more likely that being a bustling Man of active Parts and a bold Spirit he was thought a fit Instrument of State to promote some Designs that were then on Foot and as proper for the Recovery of the ancient Possessions of his See as any Body that could be pitcht upon and accordingly we find him a fierce Adversary to the Earl of Cork and a severe Prosecutor of the Bishop of Killalla which last nevertheless lived to be his Successor And tho' Atherton did answer the Expectation of his Benefactors for a time yet his Tragical end by the hands of the Common Executioner on the 5th of December 1640. for a Crime
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
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
Irish who had mounted two or three Brass Pieces and were forced to retreat and from a Castle at the end of that Street the Rebels had killed Ensign Fortescue who was the first Officer that was slain since the Defeat at Gellingston and some few Soldiers Whereupon the English set Fire to the Houses near the Castle so that the Smoak blowing towards the Castle the English came undiscover'd to the Gate and blew it up with Gunpowder whereat those within were so frightned that they fled out of the Window and a Serjeant and Five Men entred and were afterwards reinforced with Twenty four more and the Fire being quenched Two Pieces of Ordnance were drawn up against the inner Gate and the English being sheltered by some Wooll-packs found in the Castle got an Opportunity to gall the Enemy whilst Sir Henry Tichbourne with a Party of Horse marched on the back side of the Town to the North Gate and killed Forty Rebels in his way and entring at a Bye-gate found the Town deserted whereby a hundred and twenty Protestants were relieved and good Booty recovered with the Slaughter of a hundred Rebels and not above Fourteen or Fifteen of the Royalists which was the more considerable because the Irish in this Place were about Three thousand and the Assailants not full a thousand Sir Philemy and his Myrmidons were mightily enraged at this Defeat and in revenge murdered the Lord Cawfield and Mr. Blany and about Fifteen hundred other Protestants whom till then they had reserved for that purpose O Rely also murdered Sixty more of the English at Bolturbet and indeed it was seldom that the Irish met with any disappointment but they vented their Rage on the miserable Protestants that they had in their Power as if by sacrificing so many innocent Souls they could expiate the Guilt of their Cowardise and Treachery But these Successes of the English forced the Lords and Gentlemen of the Pale into Ulster where those losing Gamesters fell together by the Ears for Sir Philemy O Neal and the Ulster Men upbraided those of the Pale that they had formerly been their National Enemies and false to them and their Religion and that it was not past Memory since the Papists of the Pale had persuaded Ulster to a Religious Rebellion and left it in the lurch but that now the Ulster Men were quit with them having first exposed the Pale to the Fury of the English In short they renewed their Ancient and Hereditary Animosities and their Confederacy and Association was too feeble to extinguish or even suspend their National Antipathy derived from their different Extractions This unexpected and unseasonable Treatment from Ulster made such a deep Impression on the Mind of the Lord Gormanstown that it broke his Heart so that he died lamenting his great Folly in siding with the Irish against his own Country-men and some that survived were fully sensible of this Oversight but they were too far engag'd to retire and therefore they sought for Pretences and fish'd for Excuses to colour or extenuate their Crimes many of which being notoriously false and some of them ex post facto and so not pertinent were nevertheless jumbled together in an Apology which they afterwards sent to the King But we ought to cast an Eye on the rest of the Provinces and first on Munster where the first Appearance of the Rebellion was on the Twentieth of November at which time a numerous Rabble of the Irish plundered Mr. William Kingsmill at Ballyowen in the County of Typerary and carried away a great number of Cows and Sheep from him and his Neighbors This Attempt was the bolder because he was the Lord President 's Brother-in-Law and the Consequence of it was that the Lord President â—â—on notice thereof came with two Troops of Horse to Ballyowen and pursued the Tories killed some and hanged others and recovered some part of the stollen Cattel and afterwards in Cromwell's Time Mrs. Kingsmill sued some of these Robbers and got a Decree against them for 1500 l. The Irish pretend that some innocent People were kill'd in this Expedition and that the Lord Dunboyn and several Gentlemen of the County of Typerary came to the President to Clonmell and expostulated with him about the Violence of this Proceeding and that he should tell them that they were Rebels and that it was more prudent to hang than to trust any of them And when they have told this simple Story they think they have said enough to justifie their entring into the Rebellion From Clonmell the Lord President went into the County of Waterford upon notice that a Party of the Leinster Rebels had passed that way into his Province and he had the good fortune to rout them on the Second of December with the Slaughter of Two hundred of the Irish But in his absence the Inhabitants of Typerary to the number of Fifteen hundred assembled together to seise on the City of Cashel and destroy the English there and tho' they were by the Persuasions of some less barbarous than themselves diverted for that time from so cruel an Enterprise yet they could not abstain much longer but on the last day of December under the Leading of Philip O Duir they took Cashell and in cold Blood for there was no Resistance they murdered William Beaves and his Servant Thomas Sadler William Bonefeild and his Wife John Banister Mr. Car John Lents Richard Lane John Anderson Mr. Franklin Toby a Joyner and John Fowks The rest were saved for that time chiefly by the Piety and Compassion of Redmond English and Joseph Everard two Franciscan Friars who for that very Reason were in Cromwell's Time not only acquitted but privileged to live in the Country whilst others viz. Colonel Teige O Magher Lieutenant Colonel Donough O Dwir Theobald Butler Hugh Ryan Ulick Burk c. were in November 1653. tried condemn'd and executed for these barbarous Murders And the very next day being the first of January another Rabble seised on Fethard where they plundered all the English but murdered none except Mr. Low for which Fact three of the Murderers viz. Thomas Quigly James mac Hugh and Richard Nagle were afterwards condemn'd and hang'd The Loss of Fethard was followed with the Revolt of Clonmell Carrick and all the Towns in Typerary and of Waterford Limerick Kilmallock and Dungarvan And on the Twenty third day of January some of the Kennedyes murdered Twenty two English Servants to Sir George Hamilton at the Silver Mines and Two more viz. Thomas Gallop and Thomas Sadly were left wounded amongst the Dead but in the dark Night they made a shift to escape to Nenagh and were there preserved But the Irish did not dissemble the Matter any longer but in this very Month of January began to form their Men into Troops and Companies and hearing says an Irish Papist that the Lord Mountgarret had a Commission from the Lords Justices to raise Arms to suppress the Insurrection as indeed he had a
sometimes tore and burnt them and that they were inhumanly Cruel in several instances of Men Women and Children and much more of the same sort for which I refer to the Remonstrance it self which is already in Print with the Examinations annexed thereunto But because there is great noise made about the Kings sworn Servant Sir John Read and the Questions demanded of him upon the Rack It is fit I should give a brief Account of that Matter and it happened to be thus Lieutenant Colonel Read was in the latter end of December intrusted with a Message to the King from Three Lords and four Chief Gentlemen of the Pale but they finding that Succours come out of England but slowly and being in great hopes to take Tredagh kept Road with them to attend the Success of that Siege which not hapning according to their Expectation they were forced to raise it in the beginning of March and then and not till then did Read surrender himself as a Prisoner to the English Army which was at that time abroad under the Marquess of Ormond and he was immediately sent to Dublin with a Guard of Twenty Horse and having with many Oaths Curses and Imprecations denied any knowledge of the Irish Rebellion he was together with Captain Mac Mahown put upon the Rack where they were asked these Three Questions 1. Who were the chief Complotters in this Rebellion 2. The Time when it was Plotted 3. The Place where and how to be Acted To which they answered That Sir Philemy O Neal Macguire and Philip O Rely were the chief Conspirators and that the Plot was laid presently after the Dissolution of the Army in the North and that it was to be Acted in all parts of the Kingdom and to kill Man Woman and Child of the Protestants utterly to root them out and that all the Papists in the Pale had Consented to it and promised their Assistance to their utmost Power But on Saturday the 2d of April the Lieutenant General Ormond marched out with Five hundred Horse Three thousand Foot and Five Field Pieces and encamped that Night at Rathcoole and tho he received an Express there that his Lady and Children whom he had not seen in Six Months before were arrived at Dublin yet preferring the Publick before his Private Concern he marched without seeing them to Naas and burnt the Country as he went and having lost a Trumpeter and Four Soldiers by the Garison of Tipper he caused that Castle and all that were in it to be blown up and sent his wounded Men on Carrs to Dublin with a Guard of Twelve Horse but they were set upon by the Rebels and tho' the Horse escaped yet the wounded Men and Carr-men were taken and Murdered and by this Accident all intercourse was stopt between the State and the Army But when the Army came near Killcullen the Lords of Castlehaven and Antrim and the Dutchess of Buckingham came in a Coach to Visit the Lieutenant General and were kindly received by him and the whole Army passing by saluted them which I note to shew the Reader that the Lord of Castlehaven was not under any necessity of joyning in the Irish Rebellion but might have lived quietly at home if he had pleased On the 5th at Night the Army came to Athy and relieved that Town and the next day Sir Patrick Weams was sent with a Detachment of four Troops to relieve the Castle of Catherlogh but upon their approach the Rebels being Seven hundred strong burned the Town and fled however the Irish lost Fifty Men in the pursuit and so Weams having relieved that Castle and therein Five hundred English almost starved and also the Castle of Cloghgrenan and taken good store of Cattel returned the same Night to the Army and the Castle of Ballilivan was relieved the same day by another Party under Sir Charles Coot and the Castle of Rheban by another Detachment which also took the Castle of Bert and in it Eight Rebels who were hanged On the 7th the Lieutenant General leaving Colonel Crawford at Athy marched to Stradbally and on the 8th came to Maryburogh and the next day fell Sick of a Fever which lasted till Tuesday after however on the 10th being Easter day Sir Charles Coot Sir Thomas Lucas and Six Troops of Horse were sent to relieve Bi r and some other places they were to pass a Cawseway which the Rebels broke and had cast up a Ditch at the end of it but Coot made Thirty of his Dragoons alight and in Person lead them on and beat off the Irish with the Slaughter of Forty Rebels and their Captain and then relieved the Castles of Bi r Burrous and Knocknemease and having sate almost Forty eight hours on Horseback and lost and spoiled a Hundred Horse in this Expedition they returned to the Camp on Munday Night without the loss of one Man and this was the prodigious Passage through Montrath Woods which indeed is wonderful in many Respects and therefore justly gave occasions for the Title of Earl of Montrath to be entail'd upon the Posterity of Sir Charles Coot who was the chief Commander in this Expedition On the same 10th day of April about Seven thousand Irish Men under the Lord Mountgarrett appeared on the other side the River Barrow within two miles of Athy whereof Colonel Crawford sent Notice to the Lieutenant General whereupon he marched to Athy on the 13th and rested there the 14th and finding the Enemy had more than double his number and that he had done the work he come out for by relieving the aforesaid Garisons he thought it imprudent to Fight at such disadvantage or upon such odds to hazard his Army and consequently the Kingdom and therefore intended to march towards Dublin without seeking the Enemy and yet resolved not to shun them if they came in his way but the Rebels had by some means or other got notice of his Design and therefore passed the Barrow by the Bridge of Moygan with intentions to disturb the march of the English Nevertheless Bettel of Kilrâ—sh on Friday Morning about Seven a Clock 15th of April Ormond rose from Athy and kept on the direct Rode to Dublin the Rebels kept another way on the Right hand divided from the former by a Bog about a mile broad and four mile long both Armies marched in view of each other with Drums beating Colours flying and kept equal pace until both Rodes met whereupon the Lieutenant General fearing they might fall upon his Reer in that narrow Pass gave Orders to draw up the Army in Battalia Saying That he was resolved to fight the Enemy tho' all the Rebels in Ireland were there together the Irish did the like and not being incumbred with Garriages as the English were their Army was soonest in Order which might have been of advantage to them but they made none of it chusing rather to Receive than Give the Charge in short the English came up to their Ground
the Siege and sail'd up the Shanon and took the Castle of Glin and afterwards sailed round to Kinsale where he landed his Regiment as hath been already mentioned But notwithstanding the Disasters the Irish met with yet being very numerous in this Province they did easily recruit and the English tho' Victorious yet wanted Necessaries to keep the Field so that in Winter the Irish returned again to Athloan and kept the Castle block'd up until Sir Richard Greenvill did Relieve it as hath been already related And as to Ulster a Party of Scots came thither in the beginning of April and had Carrigfergus delivered up to them according to Articles and afterwards had Colraine and the Countrey thereabouts for their Quarters and 〈◊〉 the Twenty seventh of April a Party of them drew out to Malone and the next day were joyned with 1000 Foot three Troops of Horse and two of Dragoons by the Lord Conway and Colonel Chichester and having sent one Ship to Colraine and Derry and another to Carlingford with Supplies they came the Twenty ninth to Lisnegarvy where they met 800 Foot and two Troops of the Lords Claneboys and Ards and then dividing into two Parties Monroe with 1600 Foot five Troops of Horse and three of Dragoons marched to Killvarlin and forced a Pass which the Lord of Evagh kept with 2500 Foot and 60 Horse and having in that Encounter slain 150 of the Rebels the whole Army afterwards united and passed at that place and came to Loghbricklane on the Thirtieth of April and took the Island and killed 60 desperate Rebels that were in it and on the Third of May they took the Newry and hanged 60 Rebels there And on the Sixth of May they marched to Armagh but the Irish having notice of their Approach burned the Town not sparing the Cathedral Church and murdered a vast number of Protestants some say 5000 which they had in their Power whereupon the Scots returned to Carrigfergus on the Twelfth of May and carried with them a very considerable Booty of Cattle And tho' the Scots complain'd that they wanted Bread exceedingly yet in June they made a shift to make another Excursion and being joyn'd with Sir John Clotworthy they made up together 3450 Foot four Troops of Horse and one of Dragoons and scoured the whole County of Antrim so that the Marquess of that name who as Monroe writes did wheedle them with good words but secretly did them all the Mischief he could was forced upon their Summons to surrender his Person and his strong Castle of Dunluce and then the Scots marched towards Charlemont by the way of Armagh as Clotworthy did by the way of Toome through the Barony of Loghinsolin and in both places they found the Irish under so great a Famine that they eat their own Dead however they returned re infecta perhaps for want of Victuals But much better Success had Sir William and Sir Robert Stewart Battle of Rapho and the Lagan Forces who in June obtain'd a glorious Victory over the Irish at Glanmackwin not far from Rapho with the Slaughter of near Two hundred of the Enemy And it seems that by vertue of a * It is at large Dugdale's View 913. Treaty in England on the Sixth of August Ceneral Lesly came over with the rest of the Scotch Forces which were to be Ten thousand Men in all and perhaps were so by the Muster but were not near that Number by the Poll so that the Lord Conway was forc'd to joyn with him to oppose Owen Roe who was then come to Ireland and therefore he could not comply with the Invitation of the State to bring Three thousand Foot to their Assistance to Dublin But the Reader will not think it tedious to have a Description of a Naval Battel in Ireland which hapned in this manner Sir John Clotworthy's Regiment built a Fort at Toom and thereby got a Convenience to pass the Ban at pleasure and to make Incursions as often as he pleas'd into the County of Londonderry To revenge this the Irish Garison at Charlemont built some Boats with which they sailed down the Black-water into Loghneagh and preyed and plundered all the Borders thereof Hereupon those at Antrim built a Boat of Twenty Tun and furnish'd it with Six Brass Guns and they also got Six or Seven lesser Boats and in them all they stowed Three hundred Men under the Command of Lieutenant-Colonel Owen O Conally the Discoverer of the Rebellion who was a stout and active Man and Captain Langford These sailed over the Logh and Landed at the Mouth of the Black-water where they cast up Two small Forts and return'd But the Irish found Means to pass by these Forts in dark Nights and not only continued their former manner of Plundring but also raised a small Fort at Clanbrazill to protect their Fleet upon any Emergency Upon notice of this Conally and Langford Mann'd out their Navy again and met the Irish near the Shore of Clanbrazill whereupon a Naval Battel ensued But the Rebels being Fresh-water Soldiers were soon forced on Shore and the Victors pursuing their Fortune followed them to the Fort and forc'd them to surrender it And in this Expedition Sixty Rebels were slain and as many were taken Prisoners which together with the Boats were brought in Triumph to Antrim But we must cast our Eyes on England where we shall find that on the Eighth day of April His Majesty sent the Parliament the following Message Husbands â—33 viz. That His Majesty being grieved at the very Soul for the Calamities of His Good Subjects of Ireland and being most tenderly sensible of the false and scandalous Reports dispersed amongst the People concerning the Rebellion there which not only wounds His Majesty in Honour but likewise greatly retards the Reducing of that unhappy Kingdom and multiples the Distractions at home by weakning the mutual Confidence betwixt Him and His People Out of His Pious Zeal to the Honor of Almighty God in Establishing the True Protestant Profession in that Kingdom and His Princely Care for the Good of all His Dominions hath firmly resolved with all convenient speed to go into Ireland to chastize those wicked and detestable Rebels odious to God and all good Men thereby so to settle the Peace of that Kingdom and the Security of This that the very Name of Fears and Jealousies may be no more heard of amongst us And as His Majesty doubts not but that His Parliament will chearfully give all possible Assistance to this good Work so He requires them and all His Loving Subjects to believe That he shall upon those Considerations as earnestly pursue this Design not declining any Hazard of His Person in performing that Duty which he oweth to the Defence of God's True Religion and His Distressed Subjects as for these and only these Ends he undertakes it To the Sincerity of whiâ—â— Profession He calls God to Witness with this further Assurance That Hâ—â— Majesty will never
Croning desired him to meet a certain Lord the next day which Muschamp did and being first obliged to Secrecy saving liberty to communicate his mind to an Ecclesiastical Friend that Lord told him plainly That if he would surrender the Fort of Cork into his hand he should have the Lord Marquis of Ormond ' s warrant for it and for his Reward great Promotion Muschamp said he was willing to observe the Marquis his Command provided he saw an Authentick Warrant whereupon the aforesaid Lord pulled forth a Warrant written with the Marquis his own hand as he pretended importing That whereas he the Marquis was disabled to put necessary Provisions of Victuals and Ammunition into the Fort of Cork for the present Defence thereof that therefore he Muschamp was required to deliver up the same into the hands of the aforesaid Lord assuring him That whatever Conditions that Lord should condescend unto his Excellency would confirm them Hereat Muschamp being astonished did nevertheless promise to perform the Contents if his Lordship would give him the Warrant but his Lordship told him He must perform the Work first but Muschamp thought that preposterous his Lordship replyed That then he might write to his Excellency for farther satisfaction and so they parted and Muschamp discovered all to the Lord Insiquin as he was pre-engaged to do and though by Insiquin's advice Muschamp sent twice to the aforesaid Lord for a Copy of the Warrant yet he could get no other answer but That it was sent back to the Marquis of Ormond and all this Major Muschamp declared upon Oath before a Council of War At the Discovery of this Contrivance the poor English were amazed and enraged they thought it equally improbable that Ormond should give such an Order or any body else should pretend it if it were not so But as soon as the Noise of this Affair reached the Lord Lieutenant's ears he did not fail to do Justice to his own Reputation by a severe Expostulation with that Lord which produced this following Letter May it please Your Excellency I Have received Your Letter of the 25th of the last wherein you are pleased to Command me to deliver my Knowledge in a Report given out by one Major Muschampe wherein your Excellency as you are pleased to take notice finds your Self highly concerned My Lord before I shall proceed to deliver my Knowledge of that Business in the first place I shall crave your Excellency's Pardon if for compassing my own Ends it shall appear that I have made use of your Excellency's Name without warrant through which there may arise any Blame or Blemish to your Lordship this being granted me all that I can remember is as followeth It is very true my Lord Muschamp employed one of his Friends unto me signifying his dislike of my Lord of Inchequin whom he found to be entirely in his Actions and Resolutions for the Parliament and therefore thought fit to seek my Advice to put him in a present way whereby he may secure the Fort for His Majesty's Service Truly my Lord I was loth to lose such an Opportunity to do my Country Service and immediately returned him an Answer to meet me the next day after at a Castle of mine which he performed that day or the next day after as near as I can remember and upon our meeting he being sworn to Secrecy in all things I moved unto him concerning the Fort to which he seemed to incline making great Expressions and Fervency in all respects to preserve his Loyalty and to observe upon the least inclination or notice any Commands that should come unto him from your Excellency Then upon further Discourse he fell to wish I had the Fort in my Possession so he were sure that the Party whereof I was and my Self were for the King to which I answered That by the good Countenance and Usage the rest of the Commissioners and my Self had in England and our coming without Rub or Interruption from thence might in some sort assure him thereof which proving not altogether satisfactory unto him he replyed That if he had seen any Directions from your Excellency for him to dispose of the Place he would obey it to the loss of his Life and deliver it either unto me or any body else your Lordship would appoint which I apprehended a Business much conducing to His Majesty ' s Service and the Preservation of this Province against the Rebels in England into whose hands I was assured the same should be put as now it is and presuming that it would not have been prejudicial to His Majesty or your Lordship for me to use any Slight or Means to get it out of their hands I presumed to frame a Warrant in your Lordship's Name authorizing him to Surrender me that Hold to His Majesty's Use and that your Lordship had received sufficient Assurance from me to redeliver it upon Demand which I read unto him he would have it into his own hands as he alledged for his Justification but I insisted that I would not part with the Instrument until the Work were accomplished according to the Directions whereupon he took time to prepare and consider of the Business for two days as near as I can remember and then he was to send his farther Resolution unto me or to appoint another Meeting and since I have not heard any thing from him but within six days after I could hear that he discovered it unto my Lord of Insiquin and some others at a Council of War My Lord he thought to catch me and I was hopeful to catch him and if in the Progress or Carriage of the Matter I have said or done any thing that gives your Lordship cause of Offence I crave your Forgiveness and Pardon Your Lordship may be the more Indulgent unto me in this Particular for that upon my Salvation I had a full Resolution if I had compassed the Place upon those Terms to preserve all the English without any prejudice either in their Lives Religion or Goods and to Surrender it unto your Lordship or such as you would Appoint whensoever your Lordship would call for it My Lord This is the Truth of what passed between Muschamp and me in that place I have no more to add unto it but that I desire if in this I have forfeited any thing of your Lordship's Opinion I may be restored and accounted by your Excellency Your most humble Servant And as to Conaught 1643. after the Cessation was concluded Commissioners were appointed to settle the Quarters of which Major Ormsby was one and Sir Robert Newcomen and Sir George Saint-George were in February made Commissioners or Governours of that Province but the Irish who knew well enough that by the Cessation the Garisons in Conaught were left in a starving Condition did delay the Settlement of the Quarters all that they could so that tho' a meeting was appointed at Roscomon about the middle of February and Major Ormsby accordingly
Parliament take Advantage to incense the English against the King Queen and Prince if we should shut all our Doors against them That the Pope has sent the Irish Forty Thousand Pistols and Mazarine will send Six Thousand more c. These Letters being read Mr. Baron said his Embassy was on two Points First To excuse the not sending Three Thousand Men to the King of France according to Promise which he had done to Content and the second was to sollicit Aids from the Queen which at first she promised sufficient to bring the War to the wished Period but at the second Audience she was quite off from it being so persuaded by her Protestant Councillors And that Cardinal Mazarine sent them Twelve Thousand Livres which is all he could procure The year 1647. 1647. began with the * * March 30. Arrival of Colonel Castle 's Regiment which was sent by the Parliament to the Marquis of Ormond's Assistance and was followed by Colonel Hungerford's * * April 30. Regiment and Colonel Long 's and by the Commissioners themselves who landed the 7th of June and brought with them 1400 Foot and 600 Horse and immediately they proceeded to the Treaty which was on the 18th of June concluded on the Articles mentioned Appendix 39. And the same day the Marquis of Ormond Extrema necessitate compulsus says Mr. Beling page 47 surrendered Dublin Tredagh and his other Garisons unto them but kept the Regalia until the 25th of July and then delivered up them also and went to England This Action of the Marquis of Ormond's hath some Resemblance to that of King Henry the 7th in marrying his eldest Daughter to the King of Scotland they were both Actions of great Foresight and Prudence and as the later hath united Scotland to the rest of Great Britain so the former hath preserved Ireland in obedience to the Crown of England and therefore the Confederates especially the Nuncio Party whose Designs were diametrically opposite to that which happened do hate the Name of Ormond above all others and have written * * Deserter of Loyal Friends by Bishop of Fernes and Vindiciae eversae by John Ponse and the bleeding Iphigenia c. Volumes of Scandals and unjust Reproaches against him for preferring the English before the Irish whom they call his own Country-men But we must look back and see what the Confederates did to prevent this Agreement with the Parliament and in truth they did but little of themselves for their Talent was greater in breaking Articles of their own making then those that were made by others I cannot find they did any thing more than send a Letter of the 28th of March to Invite the Lord of Dunsany and Sir Nicholas White to a Conjunction with them and with part of their Army besiege the Castle of Carlow on the 18th of April of which last Ormond immediately sent notice both to the Lord Lisle in Manster and to Monroe in Ulster in hopes that they would make some Excursions to save the place by Diversion which they could not and so it was surrendered upon Articles But there happened a lucky opportunity if they would have embraced it of making a Peace with the King notwithstanding that some of the Parliament Succors were arrived for the Parliament Commissioners when they came over brought Bills of Exchange that were not authentick and in the mean time Winter Grant a Papist and a subtile Man was sent over to Ireland by the Queen to hasten a Peace if possible and his Instructions in order to it were to be varied used or rejected as the Lord Lieutenant upon the place should think fit and to deliver or suppress the Letters he had to the Nuncio and to the Confederates as Ormond should advise by whom he was to be governed in all things and he brought with him 14 Blanks to be filled up as the Lord Lieutenant should please and he was to know Ormond's Opinion whether the Prince should come to Ireland or not Hereupon Winter Grant on the 15th of April went to the Supreme Council with Directions to promise the Confederates That if they agree to a Cessation the Lord Lieutenant will not receive any more of the Parliament Forces in three weeks from the 18th Instant but they would not consent to so short a Truce but on the 10th of May they did write That they must insist on the Propositions of the Congregation at Waterford but are willing to make good the Propositions made by Dr. Fennel and will readily assist to preserve Dublin for the King against the Parliament And it seems they had wrought upon Winter Grant for he by his Letter of the 13th of May presses the Conclusion of the Peace and offers that the Irish Armies shall drive back the Parliamentarians But to these Instances Ormond returned this Answer to Mr. Grant on the 15th of May That the two first of Dr. Fennell's * * See them ante Page 185. Propositions are fit between Neighbouring Princes in a League Offensive and Defensive but not between Subjects and their King and that there is no possibility of a Peace whilst they insist on the Propositions of the Congregation at Waterford and that these feigned Offers are for vile Ends either to Calumniate if we dont or Deceive us if we do Accept them However he wrote more moderately to the Confederates but they never vouchasafed to send him a Reply And it ought to be noted That the Lord Lieutenant carried himself so well in this matter that even the Queen and Prince did approve of what he had done and in evidence thereof afterwards sent him over to the Government of Ireland anno 1648. and Sir Robert Talbot Mr. Oliver Darcy Mr. Beling and Mr. Thomas Dungan did confess to the Lord Digby That Ormond could not avoid doing as he did which I should not have mentioned Vindiciae eversae 48. but that some of the Confederates in word and in writing with the greatest Malice and Bitterness imaginable without considering the King's Directions in the Case or the insuperable Necessity of that Action have accused the Marquis of Disloyalty in delivering up the King's City and Sword to His Majesty's Enemies and for saying Si alterutris ex perduclibus necessario tradenda essent se Anglis potius quam hibernis consignaturum Vindiciae eversae 63. That if he must surrender it to any of the Rebels he would rather do it to the English than the Irish But perhaps a curious Reader may be inquisitive to know the Mystery of Ormond's keeping the Regalia almost five weeks longer than he did the City and it was this There were many Anti-Nunciotists amongst the Confederates who were willing to leave the Kingdom and be transported into France under the Command of the Marquis of Ormond and Monsieur Talon was every day expected with French Ships to that purpose but he did not come within the time and after it was expired Ormond could
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
Sir Edward Deering Sir Edward Smith William Coventry Esq in whose stead came Sir Allen Brodrick Sir Winston Churchill and Collonel Cook Sat at the Kings Inus â—â—â—ral times but did not hear Causes till the 13 th of February because the Irish would not venture a Tryal until they had prepar'd Deeds Witnesses and other Conveniences and then in that Month the Commissioners declared thirty-eight Innocent and seven Nocent and in March adjudged fifty-three Innocent and seven Nocent and in April Voted Seventy-seven Innocent and five Nocent and in the remaining Months they decided Six hundred and thirty Claims to the great Loss and Disatisfaction of the Protestants In the Year 1663. Alexander Jepson Mr. Blood Collonel Abbot Major Warren and several others had formed a Plot to seize on the Castle of Dublin on the 21 th of May but the Lord Lieutenant had notice of it from the Earl of Orrery and others and so it was prevented and a Proclamation issued against the Conspirators in General on the 21 st of May and against several of them by Name on the 23 d of May and on the same day the Lord Lieutenant and Council gave an account of it to the Secretary of State and his Excellency Prorogued the Irish Parliament till the 21 st of July and so from time to time until the 26 th of October 1665. and then they Sat and by publick Declaration manifested their Abhorrence of that Plot. Hereupon all the People both Protestants and Papists were disarmed throughout the Kingdom some few only excepted in whom the Government could confide Nevertheless because several Dissenters refused to joyn in the late Plot the Lord Lieutenant on the 29 th of June continued the Indulgence to them until Christmas following And on the 31 st of July 1663. the Lord-Lieutenant and Council upon receipt of His Majesty's Letter in favour of the Lord of Antrim did by their Letter of that date signifie to His Majesty That the Marquess of Antrim did oppose both Peaces of 46 and 48 and did say in open Assembly That not a Man should go out of Vlster when the King expected 10000 out of Ireland And if this Letter takes place in so extraordinary manner it will infringe the Act of Settlement which is the fundamental Security and will hinder Reprisals for such as by Declaration the King is obliged to provide for And in April following His Excellency went for England and left his Son the Earl of Ossory Lord Deputy And about this time the Irish taking advantage of the mad Plot of Jepson 1664. c. aspers'd the English with disloyalty and cry'd up themselves for the only Loyal Subjects and they proceeded so far as to impeach Capt. Knight and Lieut. Salisbury of words which amounted to Treason in Judge Stockden's Opinion but upon strict Examination of the matter the Witnesses were found to faulter and afterwards confessed they were Suborn'd and begg'd Pardon In the beginning of September the Lord Lieutenant returned to Ireland 1665. He landed at Waterford and brought over with him the new Bill of Settlement afterwards called The Act of Explanation which passed into a Statute on the 15th of December and soon after his coming over he raised a Protestant Militia in Ireland and distributed 20000 Arms amongst them And it was this year that Pope Alexander VII issued his Bull to absolve the Irish from the Excommunication of the Nuntio in forma Ecclesiae consueta P. W. Epist to his Remonst xxxii that is as P. W. explains it upon their doing publick Penance for having returned but only so nigh their Obedience to their King as a bare Cessation of Arms in order to preserve His Majesty's Interest when their own could not subsist without it did amount unto On the 16th of December the Lord-Lieutenant did acquaint the Parliament with the great Preparations in France and Holland for War both by Sea and Land so that there was great danger of an Invasion whereupon the Commons voted Thanks to His Grace for the Advertisement and that they would stand by His Majesty with their Lives and Estates and would be assistant to His Grace against all the King's Enemies and to help bear the Expence of the War gave eight entire Subsidies and on the 30th of March they gave four more And indeed it was time to prepare for Defence P. W. Remonst 570. for P. W. assures us the Irish were tampering with France to back their Insurrection by an Invasion In May 1666. 1666. some Corporals and Soldiers of five Companies at Carrickfergus to the number of 200 seized on the King's Money in the hands of his Receiver and possessed themselves of the Gates and capitulated with the Earl of Donegall the Governour and refused to obey him but chose Corporal Dillon to be their Chief and Mann'd the Walls May 25th The Earl of Arran with four Companies of Guards went by Sea in the Dartmouth Frigat to Carrickfergus and arrived there the Sunday after The Mutineers desired time till afternoon to consider designing in the mean time to get Provisions into the Castle but Arran admitting no delay charged one way as Sir William Flower did another and forced the Mutineers into the Castle with the slaughter of Dillon and two of his Companions and the loss of two of the Earl of Arran's Soldiers and the next day in the afternoon the Lord-Lieutenant arrived with the Horse-Guards and then they surrendred at Mercy And this being a time when there was open War with France and Holland and an Invasion expected from France the Mutineers were try'd by Martial Law and ten of them condemned to die and the rest to be transported but upon their submission these last were all pardon'd On the 11th of June the Popish Clergy met in a sort of Convocation or National Synod in Dublin by connivance of the Lord-Lieutenant pursuant to His Majesty's Order and it was expected from them that they would have asked Pardon for the Rebellion in 1641. and have given the King new assurance of their Allegiance by taking an Oath to that purpose framed by their own Procurator Peter Welsh and called P. W. 10. The Loyal Formulary or The Irish Remonstrance But they were so far from doing so that one of their Bishops said They knew no Crime they were guilty of and therefore needed no Pardon and they not only refused to take the aforesaid Oath but prevailed with many that had subscribed that Remonstrance to withdraw their Subscriptions and to renounce that Oath But this matter as it is the greatest Demonstration of what sort of Allegiance the Popish Clergy of Ireland would pay to a Protestant King so it is well worthy of a Treatise by it self something more concise than that prolix else incomparable History which P. W. has afforded it But the Secret of this Affair was deeper than P. W. imagined for the Irish were then ready for a Rebellion and every day expected an Invasion from
truly and inviolably observed fulfilled and kept 11. It is concluded and accorded that all Possessions and likewise all Goods and Chattles that shall be found in Specie taken by either party after the Hour of Twelve aforesaid and before Publication of this Cessation shall be restored to the Owners and after Publication all Possessions and Goods that shall be taken to be restored to the Owners upon demand or Damages for the same In witness whereof the said Marquess to the part of the said Articles remaining with the said Viscount Muskery and the rest of the above named Persons hath put his Hand and Seal And the said Viscount Muskery c. To that part of the Articles remaining with the said Marquess Ormond have put their Hands and Seals the Day and Year first above written Muskery Lucas Dillon Nic. Plunket Rob. Talbot Rich. Barnwell Torl o Neale Geffry Brown Ever Magennis Jo. Walsh An Instrument touching the manner of payment of 30800 Pounds Sterling by several Payments WHereas by an Instrument bearing date with these Presents we have in the behalf and by Authority from the Roman Catholicks of this Kingdom freely given unto His Majesty the Summ of Thirty Thousand Pounds Sterling wherein the times or manner of payments are not expressed We do therefore hereby agree that the same shall be paid in manner following viz. 5000 Pounds within one Month next after the date of these Presents the one half in Money and the other half in good and merchantable Beeves not under four or above ten years old at the Rate of 30 Pounds the score at the City of Dublin 5000 Pounds more within one Month next after the said first Month the one half in Money and the other half in Beeves as aforesaid at the like Rates at the City of Dublin aforesaid also within two Months next after Five Thousand Pounds more whereof one half in Beeves as aforesaid at the like Rates and the other half in Money One other Five Thousand Pounds at or before the last of February next and the Summ of 10000 Pounds being the last Payment of the said Thirty Thousand Pounds at or before the last Day of May next which shall be in the Year 1644. And we hereby further agree that Eight Hundred Pounds more shall be paid to His Majesties Use to whom the Lords Jnstlces shall appoint at the Garrison of Naas within two Months next ensuing the one half by one Months End next after the date hereof and the other half by the End of one Month more next after that First Month all other Payments in Money save the Eight Hundred Pounds shall be paid at Dublin and the rest of the Beeves save the said first two Payments to be paid within the several Provinces to His Majesties Use to such Persons as shall be appointed by His Majesties Lords Justices or other Chief Governor or Governors in this Kingdom they first giving notice to Us or any one or more of Us of their Pleasures therein In witness whereof We have hereunto put our Hands and Seals the sixteenth Day of September 1643. Muskery Lucas Dillon Nic. Plunket Rob. Talbot Rich. Barnwell Torl O Neale Geffry Brown Ever Magennis Jo. Walsh Appendix XVII The Lord of Insiquin's Complaints of the Breaches of the Cessation in Munster First THEY withhold from us the Fourth Sheaff in Barymore and Imokilly albeit those two intire Baronies were under the protection of our Army and most of them under particular Protection until Four or Five days before the Cessation during all which time they did contribute to our several Garrisons and were under our Command at the time of Sowing and for the most part at the time of Reaping the last Harvest and the Articles say That the places Sown under our Protection shall pay the Sheaff c. Secondly We being possessed of the whole Lands in Roches Country all the time before the Cessation they pretend to a Possession gain'd therein some days before the Treaty endedâ— by thrusting Three or Four men a piece into some old ruinous Castles or Houses deserted by us in a skulking manner it being very evident that they had no considerable Force drawn into all that Country save what they slipt into those deserted places as aforesaid whilst we had Two strong Garrisons at Mallow and Downeraile which would easily have repelled any Force that they brought into those parts if they had come in such sort as to be taken notice of Thirdly In like manner they have gained and do insist upon the Possession of Bally-begg near Buttivant and other places in Orrery Fourthly The Castle of Pilltown they entred into Four or Five days after the Cessation and do yet detain it and the Castle of Cloghleigh with others in Condons they gained as those in Roches Country Fifthly Several of the principal Gentry in Orrery as Mr. Robinson Stapleton Lombard and Magner with their Tenants having always adhered and contributed to our Party and never declared themselves against us by any publick Act have since the Cessation been drawn to join with their Party under pretence that they had past their private Promise to Mac Donogh and Donogh O Callaghane to join with them when the Cessation was concluded Sixthly Several of our Party being in actual Possession of sundry Tithes in Barrymore and Imokilly did make Sale thereof and contract for several Summs of Money in lieu of them for payment whereof they took Bills and other Security before we lost any part of our Interest there which Monies so contracted for they refused to pay Seventhly The Lord Roch by force and strong hand hath entred upon Mr. Cuishin of Farrihi's Lands and compelled him to the payment of Six or Seven Pounds and enforced divers of his People to Swear to further Payments Mr. Cuishin having been always of our Party both before and since the Cessation and not to be drawn to theirs by their vehement Perswasions since the Cessation and having for the most part a Ward in his Castle Eighthly Where by the Articles of Cessation competent proportions of Land ought to be allowed to all Garrisons and Wards Captain Garret Fitz Gerald hath entred upon the Liberties of the Town of Youghal and thereout expelled divers poor English by violent taking their distresses by placing Guards of Armed Men on the High-ways and enforcing the People to contribute to their Army Ninthly They have entred upon a Mill and Five Plow-Lands of Ballycrenan belonging to Robert Tynt Esquire since the beginning of April last which was formerly in his continual Possession Tenthly The Lord Roch hath violently taken away from Mr. Cuishin the Tithes belonging to Dean Boyl and by him contracted for and disposed of before the Cessation whilst the Barony of Fermoy was in our Hands Eleventhly Several other petty Injuries as Stealths of Cattle Detention of Corn Incroachments on Bounds and the like do daily occur touching which we cannot prevail with any of their Party to joyn or interpose in
and if the Confederates be so desirous to try their innocency as they pretend they need not stay for another Parliament in Ireland but submit to that which is now in being which is an equal and just Parliament as in some of our Reasons touching that point is expressed ☞ and the offering to draw it to a new Parliament is in effect to desire that they may be their own Judges For as that Kingdom is now imbroiled and wasted the chief Delinquents or their Confederates will be so prevalent a Faction in the next Parliament that they will be able and doubtless will clear all the Popish Party how guilty soever and condemn all the Protestants how innocent soever These Answers to the high and unexpected demands of the Confederates we have framed in humble obedience to your Majesties directions but being very sensible as of the weight and great importance of the business so also of our own weakness and want of time and well knowing that some of your Majesties Privy-Counsellors Judges and Officers of that Kingdom are now in Town sent for over and here attending by your Majesties Command who by their long observationsâ— and experience of the aâ—aâ—rs and state of Ireland are better ablâ— to give your Majesty morâ— full and satisfactory answers touching the premises than we can and conceiving that the Collection in answer to the said Confederates Remonstrance which we humbly presented to your Majesty the Seventeenth of the last Month of April may in many things give your Majesty more light than these our answers do or can We humbly beseech your Majesty that the said Privy-Counsellors Judges and Officers as occasion shall require may be called upon and heard to give your Majesty the more satisfaction in these particulars and that to the same purpose the Book of the said Collections may be perused and considered of as your Majesty shall find most requisite Append. XXIV Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General Governour of his Majesties Kingdom of Ireland for and on the behalf of His most Excellent Majesty of the one part And Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires Appointed and Authorised for and in the behalf of His Majesties said Roman-Catholick Subjects on the other part 1. IT is concluded accorded and agreed upon by his Majesties said Commissioner for and on the behalf of His most Excellent Majesty and the said Richard Lord Viscount Mountgarret Donogh Lord Viscount Muskery Sir Robert Talbot Baronet Dermot O Bryen Patrick Darcy Geffery Brown and John Dillon Esquires on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be provided by Act of Parliament to be passed in the next Parliament to be held in this Kingdom That the Professors of the Roman Catholick Religion in the said Kingdom or any of them be not bound or obliged to take the Oath expressed in the Statute of Secundo Eliz. commonly called the Oath of Supremacy and that the said Oath shall not be tendred unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of Allegiance in haec verba I A. B. do truly acknowledge confess testify and declare in my conscience before God and the World That our Sovereign Lord King CHARLES is Lawful and Rightful King of this Realm and of other His Majesties Dominions and Countries and I will bear Faith and true Allegiance to His Majesty and His Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against His or their Crown or Dignity and do my best endeavour to disclose and make known unto His Majesty His Heirs and Successors or to the Lord Deputy or other Governour for the time being all Treasons or Trayterout Conspiracies which I shall know or hear to be intended against his Majesty or any of them and I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help me God c. So as by the same Act it be further Provided and Enacted that if any Roman-Catholick happen to be promoted presented or advanced to any Ecclesiastical Promotion Dignity or Benifice according to the form now used in the Protestant Church of Ireland that the freedom and exemption aforesaid shall not extend to any such Roman-Catholick Or if any being a Protestant be advanced promoted or presented to any Ecclesiastical Benefice Dignity or Promotion shall afterwards happen to become a Roman-Catholick that the freedom and exemption aforesaid shall not so far extend to any such Roman-Catholick but that upon tender of the said Oath and refusal thereof he be for that cause left subject to privation of the said Benefice Dignity or Promotion according to the said Statue and it is further concluded accorded and agreed by and between the said Parties that for all matters concerning the first Proposition of the said Catholicks viz. That all Acts made against the Professors of the Roman-Catholick Faith whereby any restraint penalty mulct or incapacity may be laid upon any Roman-Catholick within the Kingdom of Ireland may be Repealed and the said Catholicks to be allowed the freedom of the Roman Catholick Religion That His Majesties said Roman-Catholick Subjects be referred to His Majesties gracious Favour and further Concessions and that no clause in these Articles shall or may hinder His Majesties said Roman-Catholick Subjects or any of them from the benefit of His Majesties further Graces and Concessions and that no use shall be made of the Papers past on this Treaty or any of them concerning the said first Proposition which may in any sort hinder the said Roman-Catholick Subjects or any of them from His Majesties further Concessions And that His Majesties said Commissioner and other chief Governour or Governours of this Kingdom for the time being shall cause whatsoever shall be further directed by His Majesty to be passed in Parliament for and on the behalf of His said Roman Catholick Subjects to be accordingly drawn into Bills and transmitted according to the usual manner to be afterwards passed as Acts in the said Parliament 2. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased to call a new Parliament to be held in this Kingdom on or before the last day of November next ensuing and that all matters agreed on by these Articles to be passed in Parliament shall be transmitted into England according to the usual form to be passed in the said Parliament and that the said Acts so to be agreed upon and so to be passed shall receive no alteration or diminution here or
agreed by and between the said Parties and his Majesty is graciously pleased that for the preservation of the Peace and Tranquility of the Kingdom That the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall for the present agree upon such persons who are to be authorised by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer and Goal delivery in the several Counties and parts of Counties within the now Quarters of the Confederate Catholicks with such power as Justices of the Peace Oyer and Teminer and Goal delivery in former times of Peace have usually had which is not to extend unto any Crime or Offence committed before the Fifteenth of September 1643. And to be qualified with Power to Hear and Determine all Civil Causes coming before them not exceeding Ten Pounds provided that they shall not intermeddle with Titles of Lands provided likewise the authority of such Commissioners shall not extend to question any Person or Persons for any Cattle or Goods heretofore taken by either Party from the other contrary to the Articles of Cessations but that the same shall be left to be determined in such way as by these Articles is already prescribed which Commissioners are to continue till settlement by Parliament Si tam diu se bene gesserint and if any who shall be so intrusted shall misbehave himself in the execution of such trust within that time that then such other person or persons shall be appointed in his or their place as shall be agreed on by His Majesties Chief Governour or Governors for the time being by the Advice and Consent of the said Persons so to be intrusted or any Five or more of them and the said Commissioners are to make their Estreats as accustomed in time of Peace and shall take the ensuing Oath Viz. You shall Swear that as Justice of the Peace Oyer and Terminer and Goal delivery in the Counties of A. B. C. in all Articles of the Kings Commission to you directed you shall do equal right to the Poor and to the Rich after your Cunning Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Council of any Quarrel hanging before you and the Issues Fines and Amerciaments which shall happen to be made and all Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezeling and truly send to the Kings Exchequer You shall not let for gift or other cause but well and truly you shall do your Office of Justice of the Peace Oyer and Terminer and Gaol delivery in that behalf and that you take nothing for your Office of Justice of the Peace Oyer and Terminer and Gaol delivery to be done but of the King and Fees accustomed And you shall not direct or cause to be directed any Warrant by you to be made to the Parties but you shall direct them to the Sheriffs and Bayliffs of the said Counties respectively or other the King's Officers or Ministers or other indifferent Persons to do Execution thereof So help you God And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of 〈◊〉 Articles this Clause shall be inserted viz. That all 〈…〉 and Marshal shall be required to be â—iding and assisting 〈…〉 the said Commissioners and other persons to be Authoriâ—â—◠〈…〉 the execution of their respective Powers 27. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That none of the now Roman Catholick Party shall from henceforth untill there be a Settlement by Parliament Sue Implead or Arrest or be sued Impleaded 〈…〉 in any Court Place Judicature or Tribunal or before 〈…〉 Justice or Commissioner whatsoever other than 〈…〉 Commissioners aforesaid or in the several Corporations or other Judicatures within the now Quarters of the said Confederate Catholicks as hath or have Power derived from his Majesty 28. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that his Majesties Confederate Catholick Subjects do continue the possession of such of His Majesties Cities Garrisons Towns Forts and Castles which are within their now Quarters until settlement by Parliament and to be Commanded Ruled and Governed in chief by such as his Majesty or his chief Governor or Governors of this Kingdom for the time being shall Appoint and his Majesty his chief Governor or Governors of this Kingdom as aforesaid is to issue Commissions and appoint such Person and Persons as shall be named by his Majesties chief Governour of Governours for the time being by and with the Advice and Consent of the said Lord Viscount Mountgarret c. or any Five or more of them for the execution of such Command Rule or Government to continue until all the particulars in these present Articles agreed on to pass in Parliament shall be accordingly passed only in case of Death or Misbehaviour such other Person or Persons to be appointed for the said Command Rule and Government to be named and appointed in the place or places of him or them who shall so die or misbehave themselves as the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the rest of the above mentioned Parties to be authorised as aforesaid or any Five or more of them shall think fit and to be continued until settlement in Parliament as aforesaid 29. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased that all Customs belonging to his Majesty which from the perfection of these present Articles shall fall due within this Kingdom shall be payed into his Majesties Receit and to his use any Request Clause or Demand in the Act of Oblivion or in any other former Propositions to the contrary notwithstanding Provided thet alliance very Person and Persons who are at the present intrusted within the now Quarters of the Confederate Catholicks by them the said Confederate Catholicks in the Entries Receits Collections or otherwise concerning the said Customs do continue their respective Imployments in the same until full settlement in Parliament other than as to such and so many of them as to the chief Governor or Governors for the time being by the advice and consent of the said Lord Viscount Mountgarret and the other Persons to be authorised as aforesaid or any Five or more of them shall be thought fit to be altered And then in such case or in case of Death or Misbehaviour or other alteration of any such Person or Persons such other Person or Persons to be imployed as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of
continue free Traffick and Commerce with all his Majesties good Subjects of England and that we will not in the least manner prejudice any of them that shall have recourse to our Harbours either in their Bodies Ships or Goods nor shall we take any thing from them without payment of ready mony for the same And now that by his Majesties said Command we have proceeded to re-enter upon the work of his service in this Province we conceive no higher Testimony can be be given of his Majesties acceptation or of the estimation we bear about us towards their proceeding than by resorting unto them in person with his Majesties Authority and exhibiting unto them the incouragement and satisfaction they may receive in this assurance that as we bear an especial regard to their present undertakings and performances accompanied with a real sense of their former sufferings so least there should any advantage be derived unto those who endeavour to improve all opportunities of sowing sedition and distrust by this suggestion that the former differences in judgement and opinion which have induced persons to serve diversly under his Majesty and the Parliament will occasion prejudice or ill resentments to arise towards such Persons as have not formerly concurred in judgment with others in his Majesties service We do declare that we are qualified with special Power and Authority from his Majesty to assure them that no distinction shall be made in any such consideration but that all persons now interested and engaged in this cause shall be reflected upon with equal favour and regard and that we shall make it our endeavours so to improve and confirm his Majesties Gracious disposure towards them as that we will never call to memory any past difference in Opinion Judgment Action or Profession to the prejudice of any Member of this Army or any person relating to it but on the contrary shall be very ready to attest our good affections towards them in the discharge of such good Offices as shall be in our power in return whereof we shall only expect their perseverance in their present ingagements for his Majesties service with such alacrity constancy and affection as may suit with their late publick Declaration and Professions To whom we desire this assurance also may be inculcated that as we shall in the future use our utmost care and diligence to provide for their preservation from the like hardships to those they have formerly undergone so we have already employed our best industry and endeavours for the settlement of such a course as we may with most reason hope will in these uncertain times produce a constant and competent subsistence for them enabling them to make such a progress in their present undertakings as may with the accomplishment of the great ends thereof establish their own Honour and content Thus much we have thought fit to publish unto the world to furnish it with an evidence of strong conviction against us if we ever swerve to the best of our power from the just ways of maintaining the true Protestant Religion the Honour and Interest of his Sacred Majesty the just Rights of Parliament the Liberties of the Subjects and the safety quiet and wellfare of the people instrusted to our Care At Cork 6 Octob. 1648 Append. XLIII Articles of Peace made concluded accorded and agreed upon by and between his Excellency James Lord Marquess of Ormond Lord Lieutenant General and General of his Majesties Kingdom of Ireland for and on the behalf of his most Excellent Majesty by vertue of the Authority wherewith the said Lord Lieutenant is instrusted on the one part And the General Assembly of the Roman Catholicks of the said Kingdom for and on the behalf of His Majesties Roman Catholick Subjects of the same on the other part HIs Majesties Roman Catholick Subjects as thereunto bound by allegiance duty and nature do most humbly and freely acknowledge and recognize their Soveraign Lord King Charles to be lawful and undoubted King of this Kingdom of Ireland and other his Highness ' s Realms and Dominions And his Majesties said Roman Catholick Subjects appreheuding with a deep sence the sad condition where unto His Majesty is reduced As a farther testimony of their Loyalty Do declare that they and their posterity for ever to the utmost of their power even to the expence of their blood and fortunes will maintain and uphold His Majesty His Heirs and lawful Successors their Rights Prerogatives Government and Authority and thereunto freely and heartily will render all due obedience Of which faithful and loyal recognition and declaration so seasonablly made by the said Roman Catholickes His Majesty is graciously pleased to accept and accordingly to own them His loyal and dutiful Subjects And is further graciously pleased to extend unto them the following graces and securities 1. IMprimis It is concluded accorded and agreed upon by and between the said Lord Lieutenant for and on the behalf of His most Excellent Majesty and the said General Assembly for and on the behalf of the said Roman Catholick Subjects and his Majesty is graciously pleased that it shall be enacted by Act to be passed in the next Parliament to be held in this Kingdom that all and every the Professors of the Roman Catholick Religion within the said Kingdom shall be free and exempt from all Mulcts Penalties Restraints and Inhibitions that are or may be imposed upon them by any Law Statute Usage or Custom whatsoever for or concerning the free exercise of the Roman Catholick Religion And that it shall be likewise enacted that the said Roman Catholicks or any of them shall not be questioned or molested in their Persons Goods or Estates for any matter or cause whatsoever for concerning or by reason of the free exercise of their Religion by vertue of any Power Authority Statute Law or Usage whatsoever And that it shall be further enacted That no Roman Catholick in this Kingdom shall be compelled to exercise any Religion Form of Devotion or Divine Service other than such as shall be agreeable to their Conscience and that they shall not be prejudiced or molested in their Persons Goods or Estates for not observing using or hearing the Book of Common-Prayer or any other Form of Devotion or Divine Service by vertue of any Colour or Statute made in the second Year of Queen Eliz. or by vertue or colour of any other Law Declaration of Law Statute Custom or Usage whatsoever made or declared or to be made or declared And that it shall be further enacted that the Professors of the Roman Catholick Religion or any of them be not bound or obliged to take the Oath commonly called the Oath of Supremacy expressed in the Stat. of 2 El. c. 1. or in any other Statute or Statutes And that the said Oath shall not be tendered unto them and that the refusal of the said Oath shall not redound to the prejudice of them or any of them they taking the Oath of
since the 23d of Octob. 1641. to the date of these Articles of Peace and also to all Customs Rents Arrears of Rents Prizes Recognizances Bonds Fines Forfeitures Penalties and to all other Profits Perquisites and Dues which were due or did or should accrue to his Majesty on before or since the 23d of Octob. 1641. until the perfection of these Articles and likewise to all Measne Rates Fines of what nature soever Recognizances Judgments Executions thereupon and Penalties whatsoever and to all other Profits due to his Majesty since the said 23d of October and before until the perfection of these Articles for by reason or which lay within the survey or Cognizance of the Court of Wards and also to all Respits Issues of Homage and Fines for the same provided this shall not extend to discharge or remit any of the Kings Debts or Subsidies due before the said 23d of Octob. 1641. which were then or before levied or taken by the Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to the publick use of the said Rom. Catholick Subjects but that such persons may be brought to account for the same after full settlement in Parliament and not before unless by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them as the said L. Lieut. otherwise shall think fit Provided that such barbarous and inhumane Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them as to the Actors and Procurers thereof be left to be tried and adjudged by such indifferent Commissioners as shall be agreed upon by the said Lord Lieutenant and the said Tho. Lord Viscount Dillon c. or any seven or more of them and that the power of the said Commissioners shall continue only for two years next ensuing the date of their Commission which Commission is to issue within six Months after the Date of these Articles Provided also that the Commissioners to be agreed on for the Trial of the said particular Crlnies to be excepted shall hear order and determine all Cases of Trust where relief may or ought in equity to be afforded against all manner of persons according to the Equity and Circumstances of every such Cases and his Majesties chief Governor or Governors and other Magistates for the time being in all his Majesties Courts of Justice and other his Majesties Officers of what condition or quality soever be bound and required to take notice of and pursue the said Act of Oblivion without pleading or suit to be made for the same and that no Clerk or other Officers do make out or write out any manner of Writs Processes Summons or other Precept for concerning or by reason of any matter cause or thing whatsoever released forgiven discharged or to be forgiven by the said act under pain of 20 l. sterling And that no Sheriff or other Officer do execute any such Writ Process Summons or Precept and that no Record Writing or Memory do remain of any Offence or Offences released or forgiven or mentioned to be forgiven by this Act and that all other clauses usually inserted in Acts of general pardon or oblivion enlarging his Majesties grace and mercy not herein particularised be inserted and comprised in the said Act when the Bill shall be drawn up with the exceptions already expressed and none other Provided always that the said Act of oblivion shall not extend to any Treason Felony or other Offence or Offences which shall be committed or done from or after the date of these Articles until the first day of the before mentioned next Parliament to be held in this Kingdom Provided also that any Act or Acts which shall be done by vertue pretence or in pursuance of these Articles of peace agreed upon or any Act or Acts which shall be done by vertue colour or pretence of the power or authority used or exercised by and amongst the Confederate Roman Catholicks after the date of the said Articles and before the said publication shall not be accounted taken or construed or to be Treason Felony or other Offence to be excepted out of the said Act of oblivion Provided likewise that the said Act of oblivion shall not extend unto any person or persons that will not obey and submit unto the peace concluded and agreed on by these Articles Provided further that the said Act of oblivion or any thing in this Article contained shall not hinder or interrupt the said Thomas Lord Viscount Dillon c. or any seven or more of them to call to an account and proceed against the Council and Congregation and the respective Supream Councels Commissioners general appointed hitherto from time to time by the Confederate Catholicks to manage their affairs or any other person or persons accomptable to an accompt for their respective receipts and disbursements since the beginning of their respective imployments under the said Confederate Catholicks or to acquit or release any arrears of Excises Customs or publick Taxes to be accounted for since the 23. of Octob. 1641. and not disposed of hitherto to the publick use but that the parties therein concerned may be called to an account for the same as aforesaid by the said Thomas Lord Viscount Dillon c. or any seven or more of them the said act or any thing therein contained to the contrary notwithstanding 19. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that an act be passed in the next Parliament prohibiting that neither the Lord Deputy or other chief Governor or Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy-Councel or Judges of the four Courts be Farmers of his Majesties Customs within this Kingdom 20. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that an act of Parliament pass in this Kingdom against Monopolies such as was enacted in England 21. Jacobi Regis with a further clause of repealing of all grants of Monopolies in this Kingdom and that Commissioners be agreed upon by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them to set down the rates for the Custom and Imposition to be laid on Aquavitae Wine Oile Yarn and Tobacco 21. Item It is concluded accorded and agreed and his Majesty is graciously pleased that such persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be as soon as may be authorised by Commission under the great Seal to regulate the Court of Castle-Chamber and such Causes as shall be brought into and censured in the said Court 22. Item It is concluded accorded and agreed upon
and his Majesty is graciously pleased that two Acts lately passed in this Kingdom one prohibiting the Plowing with Horses by the Tail and the other prohibiting the burning of Oats in the Straw be repealed 23. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased for as much as upon application of Agents from this Kingdom unto his Majesty in the fourth year of his Reign and lately upon humble suit made unto his Majesty by a Committee of both Houses of the Parliament of this Kingdom order was given by his Majesty for redress of several grievances and for so many of those as are not expressed in the Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of his Majesties said former directions for redress therein that the same be afforded them yet so as for prevention of inconveniences to his Majesties Service that the warning mentioned in the 24. Article of the graces in the fourth year of his Majesties Reign be so understood that the warning being left at the persons dwelling Houses be held sufficient warning and as to the 22. Article of the said graces the Process hitherto used in the Court of Wards do still continue as hitherto it hath done in that and hath been used in other English Courts but the Court of Wards being compounded for so much of the aforesaid answer as concerns warning and process shall be omitted 24. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that Maritine causes may be determined in this Kingdom without driving of Merchants or others to appeal and seek Justice elsewhere and if it shall fall out that there be cause of an appeal the party grieved is to appeal to his Majesty in the Chancery of Ireland and the sentence thereupon to be given by the deligates to be definitive and not to be questioned upon any further appeal except it be in the Parliament of this Kingdom if the Parliament shall then be sitting otherwise not this to be by Act of Parliament and until the said Parliament the Admiralty aâ—d Maritine causes shall be ordered and settled by the said Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dilion c. or any seven or more of them 25. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that his Majesties Subjects of this Kingdom be eased of all Rents and increase of Rents lately raised on the Commission of defective Titles in the Earl of Straffords Government this to be by Act of Parliament and that in the mean time the said Rents or increase of Rents shall not be written for by any process or the payment thereof in any sort procured 26. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that by Act to be passed in the next Parliament all the arrears of Interest mony which did accrue and grow due by way of debt mortagage or otherwise and yet not satisfied since the 23. of October 1641. until the perfection of these Articles shall be fully forgiven and be released and that for and during the space of three years next ensuing no more shall be taken for use or interest of mony then five pounds per centum And in cases of equity arising thro' disability occasioned by the Distempers of the times the considerations of equity to be a like unto both parties but as for mortgages contracted between his Majesties Roman Catholick Subjects and others of that party where entry hath been made by the mortgagers against Law and the condition of their mortgages and detained wrongfully by them without giving any satisfaction to the mortgages or where any such mortgagers have made profit of the lands mortgaged above country charges yet answer no rent or other consideration to the mortgagees the parties grieved respectively to be left for relief to a course of equity therein 27. Item It is further concluded accorded and agreed upon and His Majesty is further graciously pleased that immediately upon perfection of these Articles the said Thomas Lord Viscount Dillon c. shall be authorized by the said Lord Lieutenant to proceed in hear determine and execute in and throughout this Kingdom the ensuing particulars and all the matters thereupon depending and that such authority and other the authorities hereafter mentioned shall remain of force without revocation alteration or diminution until Acts of Parliament be passed according to the purport and intent of these Articles and that in case of death miscarriage disability to serve by reason of sickness or otherwise of any the said Thomas Lord Viscount Dillon c. His Majesties Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being shall name and authorize another in the place of such as shall be so dead or shall miscarry himself or be so disabled and that the same shall be such person as shall be allowed of by the said Thomas Lord Viscount Dillon c. or any seven or more of them then living And that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and leavy means with indifferency and equality by way of Exercise or otherwise upon all his Majesties Subjects within the said Kingdom their persons Estates and Goods towards the maintenance of such Army or Armies as shall be thought fit to continue and be in pay for his Majesties service the defence of the Kingdom and other the necessary publick charges thereof and towards the maintenance of the Forts Castles Garrisons and Towns of both or either party other than such of the said Forts Garrisons and Castles as from time to time until there shall be a settlement in Parliament shall be thought fit by his Majesties chief Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them not to be maintained at the charge of the publick provided that his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being be first made acquainted with such Taxes Levies and Excises as shall be made and the manner of levying thereof and that he approve the same and to the end that such of the Protestant party as shall submit to the peace may in the several Counties where any of their Estates lieth have equality and indifferency in the Assessements and Levies that shall concern their Estates in the said several Counties It is concluded accorded and agreed upon and his Majesty is graciously pleased that in the
Lord of Antrim might pass freely earnestly desiring him to undertake the Work but he the Lord of Antrim refused saying He would not go if Ormond would not go also yet was the Lord of Antrim by the pressing Solicitation of Colonel Barry aforesaid perswaded to send some one from himself to the King for intimating what was resolved for his Service and signifying the already disbanding those 8000 Men raised in Ireland by the Earl of Strafford This Dispatch was sent by Captain Digby Constable of the Castle of Dunluce in the North of Ireland belonging to the Lord of Antrim with those Dispatches the said Digby did overtake the King at York he being then on his way to Scotland and from York was Digby returned back to him the Lord of Antrim by the King signifying his Pleasure That all possible Endeavours should be used for getting again together those 8000 Men so disbanded and that an Army should immediately be raised in Ireland that should declare for him against the Parliament of England and to do what was therein necessary and convenient for his Service Upon receiving this the King's Pleasure by Captain Digby he the Lord of Antrim imparted the Design to the Lord of Gormonstown and to the Lord of Slane and after to many others in Lienster and after going into Vlster he communicated the same to many there but the Fools such was his Lordship's Expression to us well liking the Business would not expect our time or manner for ordering the Work but fell upon it without us and sooner and otherwise than we should have done taking to themselves and in their own way the managing of the Work and so spoiled it It being by us demanded of his Lordship how he intended it should be managed He answered That the Castle of Dublin being then to be surprized if the Lords Justices should oppose the Design the Parliament then sitting should declare for the King against the Parliament of England and that the whole Kingdom should be raised for the King's Service and that if the Lords Justices would not join in the Work they should be secured and all others who would or might oppose them should be also secured Which Discourse was freely made by his Lordship without any Caution given us therein of Secrecy yet was it demanded by us Whether his Lordship would give us leave to have the same signified to his Excellency the Lord Lieutenant of Ireland and to the Lord President of Munster His Lordship answered That he gave us free liberty so to do which his Lordship's Discourse we have for our better Remembrance reduced to Writing and testified the same under our Hands to be as aforesaid Signed Henry Clogher Henry Owen Having seen and read this Paper containing the Particulars of a Conference between Me and the Lord of Clogher and Colonel Reynolds and between me and the said Lord of Clogher and Mr. Henry Owen I do hereby acknowledg it to be the same in Substance with what passed excepting where it is said that Captain Digby was by the late King returned with a Dispatch to Me whereas the Dispatch was sent to me from the King by one William Hamerstone and whereas it is said that the said late King appointed that the Army with us to be continued and raised in Ireland should be employed against the Parliament it is to be intended if occasion should be for so doing And I do hereby aver the Truth of all so delivered with the other Corrections and Qualifications thereunto added Witness my Hand this August the 22d 1650. ANTRIM Observations on the Marquess of Antrim's Information FIrst it expresly clears the King from giving any Commission for the Irish Rebellion nor is there any thing in it that can charge his Majesty with the least Thought or Intention that his Protestant Subjects in Ireland should be either plundered or murdered nevertheless when an unthinking Reader finds that the Castle of Dublin was to be surpriz'd he runs away with the Notion that the Irish Conspiracy was pursuant to that Order and the King was in the bottom of that barbarous Rebellion and this perhaps was one design of this Information but the chief end of it was to abuse the World with a Belief that the King was not necessitated to a War with the Parliament by any thing then newly happened in 1642. but that he had projected it long before and had made this Preparation to put it in Execution Secondly This Information cannot be true but either Antrim deceived the World or Burk imposed upon him for besides that Ormond and Antrim was unfit to be joyned in a Commission as well because there were never any good Understanding between them as also because they were of different Religions and Interests how much more obvious and easy less scandalous and more effectual would it have been for the King to have made Ormond Lord-Deputy than to order him to surprize the Castle and the Lords Justices Moreover these 12000 additional Men could not have been raised without Noise and Time nor kept without Money nor Armed at all for there were not 12000 Arms in the Store 23 Octob. and yet 8000 of them were the Arms of the disbanded Men which they were to keep on Foot But it is yet more strange that before any Breach with the Parliament and whilst Matters tended to an Accommodation more hopefully than in some Months before the King should by such a rash and imprudent Action administer such cause of Jealousy to the Parliament at so unseasonable a time whilst he was absent in Scotland as would certainly put the Kingdom of England in a Flame and lose his Majesty the Hearts and Hands of more English Cavaliers than he could gain of Irish-Men But to put this matter out of doubt the King long before he went to York which was in the middle of August knew the Irish Army would be disbanded and therefore consented to license four Regiments to be levied out of them for the Service of the King of Spain as appears by the following Letter copied from the Original ORMOND I Have taken this Occasion by the recommending the Son of one of my faithful Servants to assure you that I very much esteem You and that I do but seek an Occasion to shew it you by more than Words as I commanded the Vice-Treasurer to tell you more fully and in particular concerning the blew Riband of which you may be confident only I desire you not to take notice of it until I shall think it fit The Particular for this Bearer George Porter is to permit him to make up a Regiment of the disbanded Army if he can do it by Perswasion to carry them out of the Country for the King of Spain's Service this is all So I rest Whitehall the 19th of June 1641. Your assured Friend CHARLES R. Moreover how much the King was surprized with the Irish Rebellion will also appear in his Letter to the Marquess of Ormond whom