aut servitio dicto Comiti Tyrone suisque Haeredibus impendendo ac immediate parebit obediet Domino Regi sub ejus pace defensione perpetuo remaenebit suaeque Celsitudini de tempore in tempus solvet Bonagium Bonnaught caetera omnia Debita quoties ad id per Dominum Deputatum Concilium requisitus rogatus fuerit c. And on the eighteenth of July the like Order was made between O Donel and his Sons and several Proprietors of Tyrconel and O Donel's Authority was limited and both Parties were obliged to obey the Order on pain of forfeiting all their Estate And about the same time Brian Mac Mahon and Hugh Oge made their Submissions at Kilmainham and were pardoned the five hundred Marks they had forfeited by breach of their former Articles Lib. D. In the mean time the Scotch Islanders sent some Forces to the assistance of the Irish in Vlster but Andrew Brereton with five and thirty Horse met with two hundred of them and defeated them with great slaughter and by his good Conduct quieted Vlster and was therefore made General or Governor thereof But the Lord Deputy being recall'd took Shipping at Houth on the 16th day of December and being offered Testimonials of his good Government from the Council he modestly refused saying That if his Innocence would not defend him he would use no other Remedy than his Belief of the Resurrection of the Dead He was certainly a brave Man and an excellent Governor and would have been sent back with Honour if his Infirmities whereof he died the next year had not prevented it Sir Francis Bryan 1549. Lord Justice was chosen by the Council on the twenty 7th day of Decemb and sworn at Christ-Church in Dublin on the 29th but he enjoyed this Honour but a little while for the County of Typerary being infested by O Carol the Lord Justice made a Journy thither in favour of the young Earl of Ormond who was but twelve years old to protect the Country and on the second of February died at Clonmel whereupon Sir William Brabazon Lord Justice was elected by the Council he committed the Government of the County of Typerary to Edmond Butler Archbishop of Cashel and made a Journy to Limerick where Teig O Carol submitted and entred into Covenants of paying a yearly Tribute into the Exchequer and of serving the King with a certain number of Horse and Foot at his own charge and of renouncing his Pretences to the Barony of Ormond and afterwards the same Teig O Carol surrendred to the King his Country of Ely O Carol containing ninety three Plow-Lands and a half and the King re-granted the same to him and Created him Baron of Ely and by O Carol's means Mac Morough O Kelly and O Mlaghlin were now taken into Protection and Pardoned and by the Lord Deputy's Mediation the Earls of Desmond and Thomond who were wrangling about Bounds and the protection of each others Tories or Out-laws were reconciled on the eleventh of March Lib. D. and about the same time Dermond O Sullevan a great man in the County of Cork was together with his Castle or dwelling-House accidentally blown up by Gunpowder and his Brother Amalfus who succeeded him was likewise not long after killed But Bulloign being restored to the French on the twenty-fifth day of April 1550. the King was thereby enabled to send eight thousand Pound of the Money received there and four hundred men of that Garrison into Ireland which he did And thereby the Lord Justice was put into a Condition of pursuing Charles Mac Art Cavenagh Ware 188. who was again in Rebellion and was proclaimed Traytor and the Lord Justice acquitted himself so well in that Matter August that he killed many of Cave-nagh's Followers and burnt the Country But the French King hearing that the English marched an Army into Scotland lookt upon that Assault of his Ally as a Breach of the Peace with him and therefore sent an hundred and sixty small Vessels with Ammunition and Corn to assist the Scots it hapned that sixteen of them were shipwrackt on the Coast of Ireland however the King of England to obviate any Designs the French might have against his Dominions set forth a Fleet of twenty Ships and Pinnaces under the Lord Cobham which guarded two Harbors on the South and one in the North toward Scotland On the twenty third of October Richard Butler second Son of Pierce Earl of Ormond was Created Viscount Mountgarret and a little before that viz. on the tenth of September Sir Anthony Saintleger Ware 190. Lord Deputy returned to Ireland and Sir Thomas Cusack was made Lord Chancellor To this Deputy Mac Carty submitted in humble Manner and was pardoned and it seems that this Lord Deputy had Orders to call a Parliament but I do not find that there was any in Ireland during this King's Reign On the fourth of November Charles Mac Art Cavenagh made his Submission to the Lord Deputy at Dublin in presence of the Earls of Desmond Thomond Clanrickard and Tyrone the Lords Mountgarret Dunboyn Cahir and Ibracan and renounced the Name of Mac Morough and parted with some of his usurped Jurisdiction and Estate But let us cast an eye on the Affairs of the Church and we shall find that the Reformation made but small progress in Ireland since the same year produced Bishops of each sort for on the tenth of May Arthur Macgenis was by provision of the Pope constituted Bishop of Dromore and confirmed therein by the King and Thomas Lancaster a Protestant was on the third day of September made Bishop of Kildare However Bish Brown's Life 13. on the sixth of February the King sent the following Order for the Liturgy of the Church of England to be read in Ireland in the English Tongue EDWARD by the Grace of God c. Whereas our Gracious Father King Henry the Eighth of happy Memory taking into consideration the bondage and heavy yoke that his true and faithful Subjects sustained under the Jurisdiction of the Bishop of Rome as also the Ignorance the Commonalty were in how several fabulous Stories and lying Wonders misled our Subjects in both our Realms of England and Ireland grasping thereby the Means thereof into their hands also dispensing with the Sins of our Nations by their Indulgences and Pardons for Gain purposely to cherish all ill Vices as Robberies Rebellions Thefts Whoredoms Blasphemy Idolatry c. He our Gracious Father King Henry of happy Memory hereupon dissolved all Priories Monasteries Abbies and other pretended Religious Houses as being but Nurseries for Vice and Luxury more than for Sacred Learning Therefore that it might more plainly appear to the World that those Orders had kept the Light of the Gospel from his People he thought it most fit and convenient for the preservation of their Souls and Bodies that the Holy Scriptures should be Translated Printed and Placed in all Parish-Churches
in many other high Regards 't is Expedition alone that can answer the Anxieties which England must be in for Your Majesty's Absence And seeing Your Majesty will leave behind that Great Pledge Your Royal Consort and our most Gracious Queen Your Majesty will not want Your own Anxieties also for a speedy Return But that it may be with such Laurels as may bring Terror to France with Triumph to Your own Kingdoms and a happy Restitution of Your poor Protestant Subjects of Ireland to their Native Homes is the most fervent Prayer of GREAT SIR Your Majesty's most Dutiful most Loyal and most Devoted Subject and Servant R. COX TO THE READER YOU have here a History of great Variety and much Intrigue It takes in a large Space of Time of above Fifty Years and begins at the End of one War and ends with the Close of another The long Interval between these Two Periods being almost Forty years was spent in a profound Peace the short Commotion of O Dogharty only excepted and in promoting all those Blessings of Plenty and Good Laws which the Industry of the English could accomplish But the subsequent Part of the Time was according to Bishop Usher's Prophetical Sermon Preach'd Anno 1601. turn'd into a Scene of Blood Treachery and Desolation which overturned all The Roots of that so great Cruelty and Universal Defection are already hinted at in the Preface of my Former Part by those Differences there set forth of Nation Interest and Religion Upon King James his Accession to the Crown the Irish were surfeited with War so that all things in that Kingdom had a tendency to Peace And tho' a Rumor spread abroad and believ'd by the Irish That the King was of their Religion put some of the principal Towns into a Commotion yet the Diligence and Expedition of the Lord Deputy did soon appease that Storm and reduce the Disobedient to their Duty And tho' the natural Inclination of that King to Peace was a great Temptation to the Irish to try their Fortune with him in a War and accordingly the Lords Tyrone and Tyrconell and Sir Cahir O Dogharty attempted it yet the Rebels were always baffled in their Undertakings by the Diligence Wisdom and Courage of those to whom the King entrusted his Irish Affairs And indeed both King James the First and King Charles the First did take a particular Care to put the Government of Ireland into such Hands as were worthy of it and underwent the Administration thereof with Advantage to that Kingdom and Honor to themselves The First was the Lord Montjoy whom King James found Deputy and soon after made Lord Lieutenant This Lord was thought in England to be a better Courtier than a Soldier but when he came to Ireland he proved the best Soldier that Kingdom had seen in many Years It was he that found out the true Way of making War with the Irish For being well supplied with Necessaries from England he plainly saw that if he could attack them at a time when they wanted all Conveniences to keep the Field he could meet with very little or no Resistance and therefore he supplied his Frontier Garisons with Men and Provisions and they by their frequent Excursions did such Execution on the Persons and Estates of the Irish that by One Winters War he reduc'd them to the Necessity of eating one another and forced their Ringleader the Earl of Tyrone to submit to his Mercy and so made an end of that Rebellion His Successor or rather Deputy Sir George Cary was Treasurer at Wars and a worthy Gentleman but nothing of extraordinary moment hapned during his Government The next was Sir Arthur Chichester afterwards Lord of Belfast one well experienc'd in the Affairs of Ireland whereof he held the Chief Government for Eleven Years He was a good Soldier and a true Englishman and did Three great Things towards a Reformation The First was his Management of the most stubborn Parliament that ever was in that Kingdom which nevertheless he prevail'd with to Attaint the Earls of Tyrone and Tyrconell Sir Cahir O Dogharty and others and to make an Act of Recognition and to give the King a Subsidy And the Second was the Plantation of the Forfeitâ—d Estates in Ulster which he very much influenc'd and promoted And the Third was the Reviving and Restoring the Circuits for Judges of Assize in both the Provinces of Conaught and Munster The Lords Justices Doctor Jones Archbishop of Dublin and Lord Chancellor and Sir Richard Wingfield were Men Famous in their respective Faculties and are Founders of the Noble Families of the Earl of Ranelagh and Viscount Powerscourt And Sir John Denham Lord Chief Justice was not less Renowned than either of Them by reason of his great Learning in his Profession to which the Crown owes the first Advancement of that Considerable Branch of the Revenue arising by the Customs in Ireland The next Lord Deputy was Sir Oliver Saint John afterwards Viscount Grandison a Person Nobly descended and of a generous Temper He had given great Proof of his Courage and Conduct at the Battel of Kinsale and was not inferior to any of his Predecessors in a sincere Concern for the Protestant Religion and the Good of the Kingdom but he hapned in an ill time as did also his Successor the Worthy Lord Falkland whilst the Spanish Match was in agitation So that both these brave Men by the Clamour of the Irish and the prevailing Power of their Popish Enemies came away in Disgrace But their Innocence being afterwards vindicated as it was this Affront was in some measure atton'd for by the subsequent Favour of the King The Lords Justices that received the Sword from the Lord Falkland were the Viscount Loftus of Ely Lord Chancellor one of great Parts and Merit and the Noble Earl of Cork Lord High Treasurer who was one of the most extraordinary Persons either That or any other Age hath produced with respect to the great and just Acquisitions of Estate that he made and the Publick Works that he began and finished for the advancement of the English Interest and the Protestant Religion in Ireland as Churches Alms-Houses Free-Schools Bridges Castles and * Lismore Tallow Cloghnakilty Iniâ—keen Castletown Bandon which last Place cost him 14000 l. Townsâ— Insomuch that when Cromwel saw these prodigious Improvements which he little expected to find in Ireland he declared That if there had been an Earl of Cork in every Province it would have been impossible for the Irish to have rais'd a Rebellion And whilst he was carrying on these solid Works he lived in his Family at a Rate of Plenty that exceeded those who consumed great Estates in the lavish ways of ill-ordered Excess His †God's Providence is my Inheritance Motto shews from whence he derived all his Blessings the greatest of which was the Numerous and Noble * Earl of Burlington and Cork Viscount Kinalmeky Earl of Orrery Viscount Shannon Robert
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
BROTHERHOOD of St. George But to proceed William Sherwood 1475. Bishop of Meath was Lord Deputy to the Duke of Clarence he held a Parliament at Dublin Friday after the Feast of St. Margaret which makes it Treason to bring Bulls or Apostiles from Rome and orders the Lords of Parliament to wear Robes on pain of one hundred Shillings and enjoyns the Barons of the Exchequer to wear their Habits in Term-time and Enacts That if any Englishman be damnified by an Irishman not amesnable to Law he may reprize himself upon the whole Sept or Nation And that it shall be Felony to take a Distress contrary to Common Law which was a very necessary Act in those Times and is the only Act of this Parliament that is printed and though it be an English Case yet it may be useful in other Countries and therefore we will mention That George Nevil Duke of Bedford was this Year degraded 4th Instit. 355. because he had not any Estate left to support the Dignity Henry 1478. Lord Grey of Ruthen Lord Deputy held a Parliament a Drogheda which repeal'd all the Acts of the aforesaid Parliament of 12 Edw. 4. and then he resigned to Sir Robert Preston Lib. G. Lord Deputy who on the 7th of August was created Viscount Gormanston but he held the Government but a little time before he surrendred to Girald Earl of Kildare Lord Deputy he held a Parliament at Naas Friday after the Feast of St. Petronilla which Enacted 1478. 1. That Distresses taken for Rent might be sold And 2. That Non-Residents might be chosen Parliament-men 1480. but on the twelfth of August the Earl of Kildare was made Deputy to the Kings Son Richard Duke of York for four years from the fifth of May following Lib. M. by the Dukes Patent under the Kings Privy Seal quod nota and the Earl by Indenture with the King did Covenant to keep the Realm surely and safely to his power and was to have eighty Archers on Horse-back and forty other Horsemen called Spears and six hundred pound per annum to maintain them and if the Irish Revenue cannot pay it it shall be sent out of England This Lord Deputy held another Parliament on Monday after the Translation of St. Thomas at which it was Ordained 1. That no Hawks should be carried out of the Kingdom without great Custom And 2. That the Pale should have no correspondence with the Irish and it seems this Parliament Naturaliz'd Con O Neal Davis 93â— who had married the Lord Deputy's Daughter What the incomparable Spencer in his View of Ireland relates of the Duke of Clarence and Moroughen Ranagh O Brian is not to be placed in the Reign of Edward the Fourth because George Duke of Clarence was never actually in Ireland whilst he was Lord Lieutenant of that Kingdom but always managed that Province by Deputies and therefore I suppose that what Spencer has related will better suit with the Government of Lionel Duke of Clarence in the Reign of Edward the Third who did indeed marry the Heiress of Vlster and performed the other Atchievements Mr. Spencer writes of It was in this Kings Reign that the Jubile which before was every Fiftieth Year was by Pope Sixtus the Fourth brought to be every five and twentieth year and that the Primacy of Scotland was setled upon the Archbishop of St. Andrews And thus stood the Government of Ireland during the Reign of King Edward the Fourth who between the French King the troublesome Earl of Warwick the discontented Lords and the Attempts of the Wife and Friends of Henry the Sixth found so much work at home that Ireland was in a manner neglected and left to the Protection of the Fraternity of St. George when on the ninth Day of April 1483 the King died in the two and fortieth Year of his Age and of his Reign the three and twentieth THE REIGN OF RICHARD III. King of England c. And LORD of IRELAND UPon the Death of King Edward his Son the Prince of Wales being then at Ludlow was Proclaimed King by the Name of Edward the Fifth and in his way to London was perswaded by the means of his Unkle the Duke of Glocester to dismiss great part of his Guards as well to save the Charge as to avoid giving Cause of Suspicion and Reasons of Jealousie to such as doubted that so numerous an Attendance was entertain'd upon Designs prejudicial to them And so having luckily mounted this first step to the Throne the Duke of Glocester proceeded to confederate with the Duke of Buckingham and the Lord Hastings and by their assistance he first seized on the Earl Rivers and others of the Kings Relations and Friends and then got the King himself into his power and brought him to London using a thousand Artifices to make the People believe that the Queen-Mothers Kindred designed the extirpation of the Ancient Nobility the Slavery of the People and the Ruine of the Kingdom This Duke of Glocester wheedled or bribed to that degree that he was chosen Protector by the unanimous Consent of the Council and afterwards got the Kings Brother out of Sanctuary at Westminster and under specious Pretences of their Security both the Princes were conveyed to the Tower of London in a most pompous and splendid manner and there they were afterwards murdered by the Appointment if not by the Hands of their Unkle King Richard took upon him the Regal Office on the 18th day of June 1483. and before the Murder of his Nephews and he was Crowned together with his Queen on the 6th day of July 1483. and being very busie in England to establish the Crown he had usurped he did not think it advisable to make any Alterations in Ireland but continued in that Government Gerald Earl of Kildare Lord Deputy to Edward the Kings Son who held a Parliament at Dublin wherein it was Enacted That the Mayor and Bayliffs of Waterford might go in Pilgrimage to St. James of Compostella in Spain leaving sufficient Deputies to govern that City in their absence 2. That the Corporation of Ross might reprize themselves against Robbers and that no Persons should alien their Free-hold in Ross to a Foreigner without the Licence of the Portriff and Council of that Town but these being private Acts are not Printed It seems that the next Year the Earl of Kildare as Deputy to the Earl of Lincoln 1484. Lord Lieutenant did hold another Parliament at Dublin wherein six private Acts only were made and not long after conven'd another Parliament at Trim which either did nothing at all or nothing worth mentioning but a subsequent Parliament at Dublin gave a Subsidy of Thirteen shillings and four pence out of every Plow-Land to the Deputy towards his Charges in the Service he did against the Irish wherein O Connor it seems was a Partner or Co-adjutor for he also had ten Groats out of every Plow-Land in Meath for
until Fitz Girald could come to relieve it But the perfidious Governor Christopher Parese Fitz-Girald's Foster-Brother a white-Liver'd Traytor resolved to purchase his own security with his Lord's Ruine and to that end got Letters conveyed to the Lord Deputy importing that he would surrender the Castle upon certain Articles by him propos'd all which concerned only his own Profit without mention of his Safety The Lord Deputy readily accepted of the Offer and agreed to the Conditions required Whereupon Parese after some small Advantage they had got in a Sally caus'd the Garrison to rejoyce and carouse to that degree that they were all dead drunk and then upon a Signal given the English scaled the Walls and entred the Castle Captain Holland being one of the first hapned to leap down into a Pipe of Feathers and there stuck and Sir William Brereton being got in cried out S. George S. George whereat one of the Garrison awakened and shot at Captain Holland but he being rescued out of the Feathers by his Companions killed the Souldier After that there was little or no resistance and Sir William Brereton soon advanced his Standard on the Top of the Turret The Spoil and Plunder of this Castle was exceeding great and rich this being accounted the best furnished House belonging to any Subject in the Kings Dominions The Lord Deputy entred in the Afternoon before whom two Varlets James de la Hide and Hayward both Choristers prostrated themselves warbling a sweet Sonnet call'd Dulcis Amica their Melody sav'd their Lives which at the request of Chief Justice Ailmer the Deputy pardoned Parese expecting some great Reward with abundance of Confidence and Familiarity presented himself before the Deputy who told him That he was to thank him on the King's behalf for his Service which saved much Charge and many Lives and doubted not when the King was acquainted therewith he would provide for him during his Life and the better to advise the King how to reward him he desired to know what Fitz-Girald had done for him Parese set agog with this Discourse recounted the most minute instances of Fitz Girald's Liberality to him upon which the Deputy reply'd And how Parese couldst thou find in thy heart to betray the Castle of so kind a Lord And turning to his Officers he bids them pay him the Mony and then to chop off his Head Had I known this quoth Parese your Lordship should not have had the Castle so easily Whereupon one Mr. Boyse being by cried out Auntraugh i. e. too late which occasion'd the Saying often us'd in Ireland Too late quoth Boyse In the mean time Fitz-Girald by the aid of O Connor and others had got an Army of seven thousand Men with which he design'd to raise the Siege of Minooth but upon News of its Surrender his Army deserted him daily and mouldred away almost to nothing Reputation as I observed before much governing the Irish and perhaps all the World beside with the few that were left he marched to Clane and the Deputy leaving Brereton Governor of Dublin marched to Naas where he took sevenscore of the Rebel Gallowglasses whom upon notice of Fitz-Girald's Approach the Deputy commanded to be slain only Edmond Oleme escaped stark naked to his Master Fitz-Girald There was a Bog between both Armies so that the Horse could not skirmish but the Deputy with his Artillery easily broke and scattered Fitz-Girald's inconsiderable Troops put them to flight slew many and took some Prisoners After this Defeat 1535. Fitz-Girald never appeared at the Head of any considerable Army but by small Parties would now and then make some slight Excursions and particularly after the Surrender of Rathingan which hapned in the beginning of the Year he caused a Drove of Cattel to appear near the Town early in the Morning and the English believing that the Cattel strayed that way and might easily be made Booty most of the Garrison sallied to that intent and were intercepted by an Ambush and slain Another time he burnt a Village near Trim and sent two or three of his Men clad like the English Soldiers to Trim and pretending that they were Captain Salisbury's Men they told the Garrison that the Rebel Fitz-Girald was burning the Village Whereupon most part of the Soldiers sallied out and were killed On the 11th of May the Lord Butler was created Viscount Thurles and Admiral of Ireland and on the twenty first his Father the Earl of Ossory and he were made Governors of the Counties of Kilkenny Waterford and Typerary and the Territories of Ossory and Ormond and they promised to do their utmost endeavour to recover the Castle of Dungarvan and to resist the Vsurpations of the Bishop of ROME Lib. H. Lambeth which is the first Engagement I have met with of that kind It seems that the Lord Grey had been sent to England for Supplies and that he now returned with Horsemen and Archers under Sir William Senlo Sir Rice Mansel and Sir Edward Griffith who were conveniently garrisoned in the Pale for I find by a Letter of the twenty first of August to the Lord Cromwel from Chief Justice Ailmer and Allen Master of the Rolls that the Lord Grey Landed the twenty ninth of July and that they came on shoar the first of August and were exceedingly surpriz'd at the alteration they found in the Country for that six of eight Baronies in the County of Kildare were burnt and depopulated and so likewise was part of Meath and that Sir William Brabazon at the Naas was the Man that prevented the total Ruine and Desolation of the Country That Powerscourt which cost five thousand Marks was ruin'd by the Birns and Tools That Fitz-Girald had regain'd Rathingan by the Treachery of the Ward but that he quitted it upon approach of the Army and the Lord Deputy might have surpriz'd him in it if he would or had been as diligent as he ought That O More who joyn'd with the English had so posted his own Men and the Kings that the Rebels were surrounded and Fitz-Girald could not have escaped if a Brigade of the English had not quitted their Station however Burnel of Balligriffin was taken and was afterwards hang'd at Tyburn That the Pestilence raged at Dublin and that the Lord Deputy designed to quarter a thousand Kerns for three Months on the Pale which would ruine it but their Arrival with Money alter'd that to a Cess for this Expedition only whereunto the People chearfully consented That they had engaged Cahir O Connor against his Brother by allowing him twelve Horse and one hundred and sixty Kerns in his Majesties Pay That the Deputy is sick and not able to defend Minooth where he lodges but suffers his own Cattle to be taken from the very Gates That there is no hope of O Neal's Loyalty since he gave no Hostages and finally this Letter highly extols Sir William Brabazon the worthy Ancestor of the Earl of Meath as the Saviour of the
and stronger Order than they and such means to keep from them the maintenance of their Life and to waste the Countrey which should nourish them your Majesty may promise your self that this Action will in the end be successfull though costly and that your Victory will be certain though many of us your honest Servants must sacrifice our selves in the Quarrel and that this Kingdom will be reduced though it will ask besides Cost a great deal of Care Industry and Time In June Sir Henry Harrington and some of his young Captains with 600 Men left in the Glinnes received a Baffle from the O Brians by their own fault which Essex punished by Decimation and the Execution of an Irish Lieutenant Pierce Walsh on whom the blame of that Disaster was chiefly laid But the Lord Lieutenant understanding the Queen was angry at his fruitless Munster-Expedition attributed the fault to the Council and assured Her Majesty by Letter of his speedy March to Vlster and yet instead of that he went with 2500 men into Leix and Ophaly and totally ruined the O Moors and O Connors and on his return found his Army so impair'd that he and the Council joyn'd in a Letter for a supply of 1000 Men. And being now resolved for Vlster he ordered Clifford Governour of Connaugh to march to Belick to distress Tyrone on that side accordingly he march'd with 100 Horse and 1400 Foot but being encountered by O Rourk and 200 Rebels at a Pass our Men being tired and wanting Powder were routed 140 slain together with Clifford and Sir Alexander Ratcliff and as many wounded nay they had all been lost were it not for the valour of the Horse who secured their Retreat and so the next day they marched back to Athloan Essex received the supply of 1000 Foot he had sent for into England and yet made no other attempts against Tyrone than that with 250 Foot and 300 Horse he came to the borders of Vlster about the lattter end of August and on the 8th of September held a Parley with Tyrone at the Ford of Balla-clinch Camd. Eliz. 570. and concluded on a Truce for six weeks and so from six weeks to six weeks till May provided either Party might break it on fourteen days notice before hand and on the 22d of September he gave a Commission to the Council of Munster or any three of them to govern that Province Quorum Sir Warham Saint Leger or Sir Henry Power to be one Soon after his return to Dublin Camb. Eliz. 572. Essex and the Council received a sharp Letter from the Queen dated the 14th of September taxing his and their ill Conduct and Disobedience to her positive Commands whereat he was so nettled that he immediately went for England where he unexpectedly came to Court on the 28th of September and being reprimanded for that Vagary Lib. C. his Apology was in effect That no harm had followed his rash Deserting Ireland that he left things in the best order and in the hands of the best Men he could and left so good Instructions that they have not been much altered since and that he came over in a time of Truce Adam Loftus Lord Chancellour Sir George Cary Treasurer at Wars Lords Justices were sworn the 24th of September whereupon Tyrone grew haugthy and publickly profess'd that he would recover the Liberty of Religion and his Countrey To him came Fryar Matthew de Oviedo titular Archbishop of Dublin and Don Martin de la Cerda they brought Papal Indulgencies for all that would take Arms against the English and a Phoenix Plume to O Neal and 22000 pieces of Gold from the King of Spain to distribute as they saw cause Hereupon O Neal in the beginning of December gave notice that after fourteen days he would break the Truce and soon after viz. the 20th of January under pretence of a Pilgrimage to the Holy Cross in Typperary he made a Journey into Munster to confer with the Sugan Earl of Desmond and to debauch those people from their Duty he had with him 2500 Foot and 200 Horse de deposed Daniel Mac Carty Moor and placed Florence Mac Carty in his stead he burnt and spoiled all that would not joyn with him especially the Lord Barry and he took Pledges of all those whose zeal he doubted and particularly of the White Knight and the Earl of Desâ—ond and by his Journey wonderfully encreased the number of the Rebels so that there were very few Irish that had not intelligence with him or shewed manifest inclination to him they were also very much encouraged by the death of Sir Thomas Norris Lord President of Munster who dyed at Mallow of a wound he had received in a Conflict with the Burks as also by the death of Sir Warham Saint Leger one of the Commissioners of Munster on the death of Norris who taking the air within a Mile of Cork was assaulted by Macguire and both of them slain so that it was now high time to provide a Govenour for the Kingdom and a particular President for that Province and the Queen shewed abundance of judgment in her choice of both Sir George Carew afterwards Earl of Totness was appointed Lord President of Munster and Charles Lord Montjoy Lord Deputy they landed at the Hill of Hoath the 24th of February 1599. The Lord President stayed at Dublin some time to get his Commission and Instructions and to learn the State of the Kingdom and on the seaventh of April 1600. with 700 Foot and 100 Horse being accompanied with his Excellency to Chappel Izzod he went to his Province Lib. C. and on the seventh of March 1599. the Lord Deputy and Council issued a Proclamation to give notice that the Queen had appointed Commissioners to sit three months to enquire what Money was due to the Subject by Bill Ticket or otherwise since the first day of Sir William Russel's Government for Bieves Diet of Soldiers Money delivered or other Services in order to their Satisfaction On the 10th of April the President being at Kilkenny 1600. was desired by the Earl of Ormond to go with him eight Miles to parley with Owen Mac Rory O Moor which he did and the Issue was Pacata Hibernia 24. that by the Treachery of the Rebels Ormond was taken Prisoner and the President and the Earl of Twomond hardly escaped by the swiftness of their Horses whereupon Pierce Lacy who was lately come into Protection relapsed again On the the 16th of April the Lord President came to Waterford where some Fitz-giralds of the Decyes and some of Powers submitted to him and were pardoned The Lord Lieutenant on the 10th of March went to Mulingar to intercept Tyrone in his return from Munster but he having notice of that design left 1000 Men with Desmond and 800 with the Butlers and with a small Company and by exceeding long Marches escap'd into Vlster but he lost his Reputation and many of his Men in this hasty
and O Crowlyes of Carbry submitted and came under protection but they relaps'd when the Spaniards landed at King-sale And on the 29. August Cahir Castle was surrendred voluntarily by James Galde by the means of his Brother the Lord of Cahir And about the same time Mac Donough Mac Auliff and O Keef likewise made their submissions The Sugan Earl and Peirce Lacy being enrag'd at the Knight of Kerry's submission invaded his Country but were forc'd by the Knight to return faster then they came two of their Captains and sixteen of their Men being slain And soon after Sir Charles Wilmet took Ardart Castle in Kerry after a good Defence made by the Ward Honora ni Brien Sister to the Earl of Thomond and Wife to the Lord of Kerry invited the famous Maurice Stack to Dine with her at Beauliew where she caus'd him to be barbarously murder'd and the next day her Lord also hang'd his Brother Thomas Stack who was his Prisoner However Wilmot so manag'd his Affairs that the Sugan Earl was forc'd to leave Kerry and in his passage to Arloghwoods was set upon by the Garrison of Kilmallock and 120 of his best Men slain and 80 wounded and 150 Arms and 40 Horses taken as also 300 Garrans loaden with Baggage and all their Cows and Sheep whereby the Earl was quite undone and his Forces scattered and himself forced to fly into Typerary and Ormond and his Brother and Piers Lacy retired into Vlster It is observable that the Irish were so blindly devoted to Popery Cambd. Eliz. 584. that many of those that had been Loyal sent to Rome for a pardon for their sin in not entring into Action and a Dispensation for the time to come from entring into open Rebellion In the mean time the Queen by the Advice of Sir Ro. Cecil and the Lord President sent over James only Son of Garret last Earl of Desmond attended and equipp'd according to his Quality in hopes he might regain the Followers of his Family and reduce them unto their Obedience and Duty His Patent was sent to the President to keep or give it as he should see cause and a Company of Foot was cashier'd for his maintenance which was to be in the President 's House for fear of the worst when he came to Cork the Inhabitants finding he was a Protestant refus'd to entertain him so that he was fain to obtrude himself upon the Mayor where he supp'd and after Supper he wrote a Letter of this usage to the Lords of the Council but the Mayor told him No Letters should go out of his House but what he saw However the Earl sent away his Letters Lib. D. D. D. and the Queen on Notice hereof ordered the Lords of the Council to reprimand the Mayor c. which they did to purpose by their Letter of 10. November 1600. Upon this Earls first coming to Kilmallock multitudes flocked thither to see him and pay their Duty to him but as soon as they saw him go to Church they all forsook him yea cursed him and spit upon him however he prevail'd with Thomas Oge Constable of Castlemayn 4. November to deliver that Castle and two of Peirce Lacy's Sons into his Custody which was all the Service he did or could do whilst he staid in Ireland But it is worth noting that Florence Mac Curty upon the President 's Word came to him to Mallow and assur'd him of his Loyalty by all the Oaths and Asseverations imaginable and yet whilst he was in the House he wrote Letters to Thomas Ogeâ— not to surrender Castlemayn and assured him of Reward and Relief so exceedingly falshearted was this mighty Hypocrite and these Letters were by the diligence of Mr. Boyle afterwards Earl of Cork intercepted However at length he submitted and put in two Pledges on the 29th of October In the mean time Wilmot had taken the Castle of Clancoyne by Sir Fra. Barkly and on Notice that the Lord of Kerry and Knight of the Glin were in the Woods with 80 Men he pursued them so close that he slew 60 of them and narrowly mist the two principals And on the Fifth of November he sat down before the Castle of Listoel and after a good Defence and ten days time it was surrender'd to him together with the Lord of Kerry's Son and all his Chattels About the same time Sir Richard Pearcy sent part of the Garrison of Kingsale to Carbry where near Kilco they took a Prey of 300 Cows and in November took another Prey of 200 Cows in Kinalmeky and now some difference arising between the Cartyes and Learyes about some stolen Cows they had a Battle at Ahakery where O Leary and ten of his men were slain The Lord of Muskry would have reveng'd the slaughter of his Followers but the President would not permit him lest thereby he should put the Country in confusion and make such a Flame as he could not quench In the mean time the Lord or Chief of Muskry was underhand dealing with O Neal whom he advis'd not to trust any of English Extraction and assur'd him he would dissemble with the President until Aid should come and Florence Mac Cartie levied 1000 Bonaughs in hopes of Recruits they daily expected from Connaugh and Vlster and indeed Forces were there assembled for their assistance and they would have Invaded Munster but that Redmond Burk expected great matters from the President and therefore would not disturb his Province and the Sugan Earl was jealous of the Bonaughs and every body was doubtful of Florence Mac Carthy and so this great cloud vanished and the Rebels dispersed into Ormond and Typerary Sir Charles Wilmot drew near to the Abby of Ratoo in Kerry whereupon the Rebels burnt it however he met 100 Bonaughs under Mortagh mac Shihy whereof he slew 40. Dermond O Connor whose Wife was Sister to the Queen's Earl of Desmond was so well pleas'd with the Honours the English did his Brother-in-Law that he resolv'd to come to him and to do some service acceptable to the State and accordingly he obtain'd Pasports but Tybot ni Long who had a Company in the Queens Pay pretending ignorance of his Pasport in favour of the Rebels fell upon him in Claâ—riccard and slew 40 of his men and took him Prisoner and the next day cut off his head whereupon the Queen took away Tybbott's Company from him On the 18th of November the President kept Sessions at Limerick and afterwards at Cashell and on the 28th of November at Clonmell where the Earl of Ormond met him and promis'd to expel the Rebels out of his Palatinate and in order to it in January his Forces assail'd the Rebels slew 40 of them and particularly Thomas Burk Brother of Redmond and took 30 Arms and forc'd Redmond and his Followers into the River Nore where 70 of them were drowned and many with their Baggage taken and particularly John Burk another Brother of Redmonds who was soon after executed at Kilkenny
he was one of the forwardest in disturbing the Lord Deputy with importunate and impertinent Petitions and refused to carry the Sword before him to Church he had formerly mis-behaved himself before the Lord Duputy at the time of the Gun-powder-Treason and he quarrelled with the Lord Barry in the Deputies Presence and the Lord Roch Delvin Trimletsowne and Slane were not less troublesome Sir Walter Butler Girald Nugent Sir Thomas Burk John Moore Richard Wadding and Boetius Clancy had their share in these Seditions and Thomas Lutterell had the Confidence to make Comparisons with the Earl of Thomond even in the Lord Deputies Presence But it will be pertinent to our Design O Sullivan 237. and not unpleasant to the Reader to hear O Sullivan give an Account of this Parliament which he says was observable for the Cruelty of the Protestants and the Civil resistance of the Catholicks And first he tells you That when the Senate meddles with Religion it becomes a wicked Conventicle rather then a Parliament that the Old Irish Grandees had Hereditary Voices in Parliament long before the English Conquest but are now denied them unless they have English Titles which alone makes the English Parliament in Ireland void since the principal Members are excluded The Catholick Bishops are serv'd in the same manner and the Heretical Usurpers of their Sees and Titles vote in Parliament in their stead The Protestants thought the Advancement of those Laws which they had made against Christ in England to be the readiest way of suppressing the Catholick Religion in Ireland if they could get them Enacted here but knowing the Catholicks would be most numerous in Parliament they us'd all imaginable Artifices of force and fraud to get Protestants unduly return'd they Elected their new Colonies into Burroughs and Counties to encrease the number of Heretical Parliament men they made small Villages into Corporations and made Porters Barbers and Strangers Burgesses for those Corporations and caused four Ministers to represent the Clergy of every Diocess nevertheless many Irish Gentry were chosen whom the People Men Women and Children desir'd to take Care of Religion assuring them That all should be void that should be Enacted against the Catholick Faith and when the day came most of the Irish Gentry thô not Parliament men came to Dublin that they might be ready there upon the place where their highest Concern viz. Religion was to be debated least perhaps any thing should happen contrary to Expectation The Catholicks were troubled because they could not find out what was to to be treated of in Parliament till at length they got sight of a Bill to expel the Catholick Clergy and the Titles of eleven Bills more viz. 1. For the building a convenient Prison for Noble Men in the Castle of Dublin 2. For disarming Idlers 3. About O Murroughs Lands 4. Against Marriage between Irish and Scots I suppose says he for fear they should joyn against the English 5. For banishing Hamilton and Wart if they refuse the Oath of Supremacy 6. That the Sallaries be continued to the new Pensioners tho' they refuse the Oath 7. For the distribution of the Money forfeited by Recusants 8. That the Children of Noble Men be sent into England 9. That stubborn Corporations shall loose their Franchises 10. The Recusants shall pay two Shillings a Sunday 11. For the more Cautious issuing of Excommunications for before that Sullivan 241. English would kill an Excommunicated Catholick says he But the Cathalicks resolving to resist even to Death thought of two ways First To hinder the meeting of the Parliament if possible and Secondly If it met not to receive or admit of the Heretick Parliament men because not Inhabitants in the Towns that chose them And with this Design they went to Dublin where all the Catholick Clergy also went to encourage the Gentry in this Holy Resolution On 18th May 1619. Caecos diaboli ministros The Parliament met at the Castle of Dublin and first the Lord Botevant carried the Sword before the Deputy to Church to hear the blind Ministers of the Devil and that being over when they came to the Castle the Guard disarmed the Nobility and Gentry as they entered but some resisted and did not part with their Arms and others that did â—ad other Arms secretly about them No sooner they State but the Soldiers were drawn into a Body in the Yard to terrifie the Catholick Members who in the upper House were less in number then the Protestants however resolv'd rather to dye which they expected then to forsake the Catholick Religion but if they had died for it The Gentlemen and Citizens then in Dublin assembled from all parts of the Kingdom had certainly reveng'd their Deaths and now the Eyes even of the English Irish were open and they cursing their former Folly in helping the Heretick would have repair'd it by a hearly Conjunction with the Old Irish now 〈◊〉 And afterwards he says That when the Papists refus'd to sit in the Parliament the Deputy did not dare to proceed without them not did he dare to force them because the Papists had many Friends in Town ready armed and the Deputy feared a General defection if he had proceeded my farther and then he says the SOUNDER part of the Clergy always oppos'd the Attaindâ—re of O Neal O Donell c. And the Archbishop of Tuam wrote a notable Letter against it but the worser part of the Clergy he means those of English Extraction perswaded the Popish Members to Consent to that Act but it is time to leave this whilsting Fellow and return to the true History of this Affair The Lord Deputy having Notice that several Papists that were not duly chosen Lib. C. nor return'd Members of Parliament did nevertheless intend to intrude into the House did on the 17th day of May being the last day of the Term cause Proclamation to be made in the four Courts that all those who knew themselves to be duly Elected Parliament then should attend the Lord Deputy and Council at Three a Clock that Afternoon at the Castle and accordingly most of them came Whereupon the Lord Deputy and Council sitting in the open Court of the Castle caused the Chancery Clerk of the Crown to call over the Names of those that were returned to serve in the approaching Parliament and that being done they caused Proclamation to be made that no Body should presume to come into the Parliament House but such as were return'd as aforesaid And 〈◊〉 on the next day 1613. being the 18th day of May the Parliament met and the Lords House was supplyed by the Earls of Kildare Ormond Thomâ—â—â— and Clanrickâ—â—dâ— and Viscounts of Buttevant Formâ—â— Gormanstoâ—â—â—â— Mountgarrets and Tullagh and the Barons of Athenry Kingsale Kerry Slane Killeen Delvin Dunboyn Houth Triâ—â—etsowne Poer Cahir Dunsany Louth Uppâ—r Ossery Castle Connel and 〈◊〉 Besides Twenty five of Protestantâ— Archbishops and Bishops that were present and the
went into England to give his Majesty a full account of his happy and successful Administration of the Government for I find he was created Lord Baron of Belfast on the 23th of February 1615 and perhaps then made Lord High Treasurer THOMAS JONES Archbishop of Dublin Lord Chancellor Sir JOHN DENHAM Lord Chief Justice of the King's Bench were Sworn Lords Justices on the 11th of February 1615. The Archbishop was the worthy Ancestor of the Lords of Ranelagh And Sir John Denham was the first that raised any Profit to the Crown from the Customs in Ireland which were Lett for Five hundred Pounds the first Year and before his Death which happened the 6th of January 1638 they were improved to that degree that they were farmed at Fifty Four thousand Pounds per Annum But the Papists beginning again to grow very insolent it was necessary to hasten the new Lord-Deputy thither and therefore on the 30th of August 1616. Sir OLIVER SAINT JOHN afterwards Viscount Grandison 1616. was sworn Lord-Deputy he behaved himself briskly against the Papists who were at that time very high in Ireland Mr. Sullivan says He was a Bloody Man and that he swore he would in two Years banish all the Priests and that he levied 600000◠from the Papists for Fines and Forfeitures for not going to Church and that in Dublin only he imprisoned Ninety Citizens for denying the King's Supremacy all which is notoriously 〈◊〉 And about the same time a most Scandalous lying Book was published Entituled Annalecta Hiberniae written by David Rooth Vicar Apostolick at the Instigation and Charge of the Lord M And stuffed with innumerable Lyes and malicious Accusations of the King's Government in Ireland and yet dedicated to the Prince of Wales which is a high strain of Impudence and Folly to dedicate to the Son Reflections and Scandals upon the Father and as if that Author intended to mock the Son as well as to abuse the Father and that his Dedication to him should pass for nothing he has added another Dedication by way of Appeal to all Foreign Emperors Kings and Princes wherein he avers That the Irish look for nothing but that the King would use them like a King i. e. not like a Tyrant and when I have added that he compares the King to Julian the Apostate and Cajus Caligula and the English-men to Dogs and Wild-Beasts I have said enough of the Spirit and design of that malicious Author The Exorbitances of the Papists did indeed at this time oblige the Government to keep a stricter hand over them than hitherto they had done and two things were resolved on to humble them one was to banish all their Regulars which did in great numbers swarm almost every where in that Kingdom And the other was to suffer no Magistrates or Officers but what should take the Oath of Supremacy according to Law and in order thereunto there did issue a Proclamation against the Popish Clergy on the 13th of October 1617. Anno Dom. 1617. And afterwards on the 5th of March 1617 Donogh Earl of Twomond Lord President of Munster and Sir William Jones Lord Chief Justice of Ireland did by Virtue of a Commission under the Great Seal bearing date the 23d of January 1617 seize on the Liberties of Waterford and all their Rent Rolls Ensigns of Authority and their publick Revenues which amounted to Three Hundred and Four Pounds Ten Shillings per Annum and kept Assizes in the City for the County of Waterford The cause of this Seizure was because Nicholas White who from Michalmas 1615. to the 20th of October then next following did exercise the Office of Mayor of Waterford did on the 20th day of October 1615. refuse the Oath of Supremacy being then tendered to him by the Lord President by Virtue of a special Commission to that purpose and that upon his refusal the City Elected John Skiddy who Acted as Mayor till the 1st of May 1616. and then refused the same Oath being tendred to him by the Lord President whereupon the City chose Alexander Cuffe and swore him Mayor on the 27th of May who likewise on the 8th of July refused the aforesaid Oath of Supremacy before the Lords Justices whereupon he forbore to Act any farther in the Mayoralty and so it stood till the 1st of April 1617. at which time Walter Cleer was sworn Mayor and so continued Moreover the City had no Recorder since the Death of Nicholas Walsh Anno 1615 and yet in January 1616 there was a Goal Delivery held before the said John Skiddy without any Recorder and one William Person was then Condemned before him and afterwards by his Order executed for Felony And it appeared that the Statute of Elizabeth of Uniformity had not been given in Charge in their Sessions at Waterford for Two years past and all this was found by Inquisition taken the 5th day of September 1617. In the mean time there were sharp Contests between several great Families in Ireland about their Inheritance Lib. F. F. F. 199. the one was between Katherine Lady Power who was Heir General to the Deceased Lord Barry and the then Lord Barry Viscount Buttivant and that was happily Compos'd by the Kings Mediation and the Marriage of the Lord Barry with the Lady Power 's Daughter and the other was between Walter Earl of Ormond and the Lady Dingwell Heir General of Thomas Duff Earl of Ormond who died Anno 1614. Their Case is to be found the very last Case in my Lord Hobert's Reports and was refer'd to the King who Anno 1618. made his Award and divided the Estate between the contending Parties but the Earl of Ormond thought that Distribution so unequal that he refused to submit to it and therefore endured a long Imprisonment and many other Hardships from the Court but after his Death that Controversie was also happily Compos'd by the Marriage of his Grandson the young Earl of Ormond with the sole Daughter and Heir of the Lady Dingwell and that happy Couple improved that divided and shattered Estate to be the greatest and best belonging to any Subject in the Kings Dominions and are well known to the World by the Names of the first Duke and Dutchess of Ormond In the Year 1620. 1620. The famous Doctor Usher was made Bishop of Meath and not long after there arose a Dispute between the Archbishop of Armagh and the Bishop Elect of Clogher about the Exercise of Jurisdiction before Consecration but after some Expostulations the Controversie was peaceably Compos'd The Year 1621. 1621. was famous for the Congregation de Propaganda fide then Erected at Rome the influence whereof the Subjects of Great Britain and Ireland have felt to the purpose and in the same Year Thomas Viscount Thurles Father of the first Duke of Ormond was drowned It was in this Year that the King to mortifie some of the most active Members of the House of Commons that had fallen under his
for Sir William Saintleger to be Lord President of Munster And on the Fifteenth of March he ordered the Vice-Treasurer to pay what the Lord Deputy and Eight Privy-Counsellors should think fit for the Charges of the Lord Deputy's Progress On the Ninth of May 1627. upon Complaint of the Lord Courcy That Sir Dominick Sarsfeild had obtained the Title of Viscount Kinsale it was referred to the Lord president of the Council the Steward of the Houshold Earl of Totness Viscount Grandison and Chancellor of the Dutchy who report That the Lord Courcy and his Ancestors were Lords Courcy and Barons of Kinsale and Ringrone And thereupon the Defendant endeavor'd to carry the Barony to another Line and also alledged an Attainder but made out neither and then he propos'd That both Titles were consistent one to be Baron and the other to be Viscount of Kinsale But that being not thought convenient his Majesty orders That Sir Dominick quit the Title of Kinsale but retain the Name and Precedency of Viscount Sarsfeild and chuse some other Place to denominate his Honour and afterwards he did so and was created Viscount Killmallock And on the 24th of July the King orders That Nathaniel Catlin his second Serjeant at Law should have Precedence of the Attorney-General and Sollicitor-General and in February following his Majesty likewise gave Orders to make a new Examinator for the Court of Chancery there being but one Examinator in that Court before that time But in order to make the Papists the more willing to bear the great Charge of the Army and to consent to a constant Tax for its Support certain Propositions were set on foot in their favour viz. to suspend all Proceedings against them for Marriages and Christnings by Priests and to give them liberty of Suing out Liveries and Ouster le mains without taking the Oath of Supremacy with design to introduce a more Publick Toleration of Religion for which a good Sum of Money should be paid to his Majesty to maintain the Army to which end a Great Assembly of the Nation was Convok'd by the Lord Deputy But the Protestant Archbishops and Bishops abhorring this gross and scandalous Proposal did on the 26th day of November 1626. at the Lord Primate's House unanimously vote and subscribe the following Protestation viz. The Judgment of divers of the Archbishops and Bishops of Ireland Life of Archb. concerning Toleration of Religion Vsher 28. THe Religion of the Papists is Superstitious and Idolatrous their Faith and Doctrine Erroneous and Heretical their Church in respect of both Apostatical To give them therefore a Toleration or to consent that they may freely exercise their Religion and profess their Faith and Doctrine is a grievous Sin and that in two Respects For First It is to make our selves accessory not only to their Superstitions Idolatries and Heresies and in a word to all the Abominations of Popery but also which is a Consequent of the former to the Perdition of the seduced People which perish in the Deluge of the Catholick Apostacy Secondly To grant them a Toleration in respect of any Money to be given or Contribution to be made by them is to set Religion to sale and with it the Souls of the People whom Christ our Saviour hath redeemed with his most precious Blood And as it is a great Sin so it is also a Matter of most dangerous consequence the Consideration whereof we commit to the Wise and Judicious beseeching the God of Truth to make them who are in Authority zealous of God's Glory and of the Advancement of True Religion zealous resolute and couragious against all Popery Superstition and Idolatry Amen Ja. Armachanus Mal. Casellen Anth. Medensis Tho. Ferns Leghlin Ro. Dunensis Georg. Derensis Richard Cork c. Andr. Alachadens Tho. Kilmore Ardagh Theo. Dromore Mic. Waterford Lismore Fra. Limerick This zealous Protestation of the Bishops against Popery which Downham Bishop of Derry read to the State in the midst of his Sermon at Christchurch on the 23th day of April 1627. drew on a Remonstrance from the House of Commons in England to his Majesty to this effect That the Popish Religion was publickly profest in every Part of Ireland and that Monasteries and Nunneries were thsre newly erected and replenished with Votaries of both Sexes which would be of evil Consequence unless seasonably repress'd These two extraordinary Actions put a stop to any farther Endeavors for the publick Exercise of Popery at that time Nevertheless because the Irish Agents in England did consent to the payment of 120000 l. in three Year it was thought reasonable that the King should signifie his Gracious Acceptance thereof by conferring some extraordinary Favours on the Agents and Contributors And therefore the King did on the 24th day of May not only grant them the following Graces which were transmitted to Ireland by way of Instructions to the Lord Deputy and Council but also sent with it a Letter recommending the Lord of Killeen and the Lord Poer and the rest of the Irish Agents to the Lord Deputy's Favour desiring that he would order such Moneys to be paid them by the Country as they were promis'd for their Agency and that he should issue necessary Warrants and Directions for levying the same Instructions to be observed by Our Right Trusty and Well-beloved Cousin and Counsellor Henry Lord Viscount Falkland Our Deputy-General of Our-Realm of Ireland and by Our Council there and by the Deputy or other Chief Governor or Governors and Council there which hereafter for the time shall be and by all other Our Officers and Ministers whom it may severally or respectively concern I. AT the humble Requests presented unto Us on the behalf of Our Subjects of Ireland upon mature Consideration had thereof and by the Advice of Our Privy-Council We are graciously pleased in the first place to order and direct for the better Preservation and Ease of our said Subjects that Our Soldiers there be called in and limited to the most Serviceable Garrisons and that they be not called from thence upon any Pretence but against the Enemy or Rebel that makes Head II. For the Collection of Our Rents in case of Default That first a Summons Process shall issue Secondly That a Purâ—uivant be sent and Lastly If this be not sufficient in case the Sum be of value that then Our Vice-Treasurer by Warrant from Our Deputy and Council shall appoint a competent Number of Soldiers of the next adjoyning Garison to collect Our said Rents at the Charge of the Parties complained of having care that any Man be not burdened with a greater number of Soldiers than the Service shall necessarily require III. And when Necessity requires the Marching of Our said Soldiers against the Enemy or Rebel That the Officers imploy'd shall give Ready Money or Ticket to be defalked out of their Entertainment and duly paid into the Country upon demand without taking Money Pawns or Distresses but such Meat and
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
posted near Capoquin with a small Wood at their Backs and tho' he had but Sixty Horse and One hundred and forty Foot yet he boldly Charged them and killed two of their best Captains and Two hundred of their Soldiers with the loss of onely one English Man On the Ninth of August the Castle of Glin was taken by the Lord Forbes who came with his Fleet from before Gallway and Sailed up the River of Shanon and on the Twenty first the Lords Dungarvan and Broghill took the Castle of Ardmore with the Saughter of One hundred and forty of the Rebels But Provisions beginning to grow scant the Lord Insiquin drew out One thousand eight hundred Foot and Three hundred and sixty Horse and near Liscaroll met with the Irish Army under the Lord Mountgarret who was accompanied by the Lords Muskery Roch Ikerin Dunboin Castleconnel and Brittas and it came 〈◊〉 a smart Battel on the Third of September wherein the English were Victorious and killed Seven hundred of the Rebels and took Fifty â—sisoners and one piece of Cannon and two Field Pieces without any loss on the English side except that of the valiant Lord Viscount Kinalmeaky who was slain in the beginning of the Fight by a shot in his Neck and Sixteen private Soldiers In this Battel the noble Earl of Cork who never begrudged what he ventured for the Service of his King and Country had no less than four Sons viz. the Lords of Dungarvan Kinalmeky and Broghill and Mr. Francis Boyle since Viscount Shanon About the same time the Lord Forbes with his Regiment Landed at Kinsale and marched to Bandon and being joyned with Three Bandon Companies of Foot and some Horse they went to Rathbarry to relieve Captain Freak who had been besieged there since the Fourteenth of February but when they came to Cloghnikilty on the Eighteenth of October they thought fit to leave Two Scotch Companies and one Bandon Company there to secure that Town till their Return but it was not long after their Departure before a numerous Rabble of the Irish rushed upon them from all sides whereupon Groves who Commanded the Bandon Company advised to retreat towards their main Body which was not above four Miles from them but the Scots thought that dishonourable and refused and the Consequence was That the two Companies of Scots were cut in pieces but Groves valiantly made good his retreat a full Mile to an Old Danes Fort in the way to Ross which he justified manfully till the rest of the Forces came up to him and then they fell upon the Irish and forced them into the Island of 〈◊〉 and the Tide being in above Six hundred of them were killed and drowned whereupon the English marched to Cloghnikilty and relieved a great number of Men Women and Children which were imprison'd in the Market-house purposely to be burnt together â—ith the House to make a Bonâ—iâ—e for joy of the easie Victory they promised themselves over the rest of the Lord Forbes his Party After the Death of the Lord of Kinalmeaky Colonel Râ—â—land Saintleger was made Governour of Bandon in whose time it happened that the Troops of Bandon and Kingsale had appointed to meet at a day prefixed and to take a Prey but the Rebels who were at Kilcrea had notice of it and believing that the Troop had marched abroad according to the Appointment they boldly came to Bandon and took away the Cattel belonging to the Town but the Troop being by some Accident delayed in Town longer than they designed were just ready mounted when this Adventure happened so that they immediately issued out and recovered the Prey at Brinny Bridge and slew Fifty of the Tories in Killmore Bog without the loss of one Man But these small Victories were balanced by some considerable Successes of the Irish for the strong Castle of Limerick which had been besieged since the Fifteenth of January was surrendred to them on the Twenty third of June and the Castle of Askeaton submitted to the same Fate on the Fourteenth of August after nine Months Siege as Castlematrix likewise did not long after Neither was it a small Misfortune to the English that about this time both Dean Gray and Archdeacon Byss who were Commissioners to enquire into the English Losses in Munster met with their Destiny the former dying at Bandon and Byss the Survivor who had all the Papers and Examinations was murdered by the Rebels on the Way to Youghall ☜ and this is the true Reason why there is no particular full Account extant of the Murders and Losses in Munster And it is very observable that the Rebels took very few places by force but either want of Necessaries or Promise of good Conditions prevail'd with the English to surrender and it is no less wonder that the English would trust to any Articles from a perfidious People that had so often violated their Faith Nevertheless every day afforded Instances of their sâ—â—essful Treachery and besides what is already mentioned Gloghleigâ— and Cool are additional Examples in the former was a considerable Garison to whom Richard Condon promised Quarter and Convoy to Castlelyons whereupon they surrendred and for their Folly were every one murdered wounded or kept Prisoners And in Cool were 36 Troopers of the Earl of Barrimores to whom the same Condon promised the like Quarter Upon the Faith of a Soldier and a Christian but nevertheless murdered them all except one who had 36 Wounds and was left for dead And in Connaught the Town of Gallway did in the later end of April submit unto the Earl of Clanrickard who was Governor of that County and was by him taken into Protection until the Pleasure of his Majesty then expected over should be known but the Lords Justices did not approve of that Protection unless the Town would admit of an English Garison However Clanrickard made use of that Opportunity to relieve the Fort of Galway wherein the Archbishop of Tuam and 36 Ministers and many more English were in very great distress And about the middle of July the Lord President drew out his small Forces into the County of Mâ—yo Battle of Ballintobber where not far from Ballintobber they met with the Irish Army which was more than double their Number Nevertheless the English obtained an easie Victory over them and killed near 2000 of the Enemy and on the First day of the same Month Sir Frederick Hamilton took the Town of Sligo and slew 300 of the Rebels and afterwards routed Owen O Rourk who in his Absence had with 1000 Men besieged his Castle of Mannor Hamilton And about August the Lord Forbes came into the Bay of Gaâ—â—ay and landed some Guns and seized on the Abby and being joyn'd by the Lord President and the Earl of Clanrickard they pretended to besiege the Town but they wanted Necessaries and therefore the Lord Forbes compounded with the Town for a Sum of Money which was never paid and drew off from
suffer the Right of the Crown to be destroyed by any way but shall Lett it to your power and if you cannot Lett the same you shall certifie His Majesty clearly and expresly thereof you shall give your true and faithful Council for the King's Majesty's Profit and his Highness's Council you shall conceal and keep All other things for the Preservation of His Majesty's Realm of Ireland the Peace amongst His People and Execution of His Justice according to His Majesty's Laws Usages and Customs of His Highness's Realm you shall perform and do to your power So God you help and by the Contents of this Book The Lord Lieutenant did immediately set himself to reform the Army and reduced his own Troop to 40 and Lucas and Armstrong's Troops to 30 each and the other two Troops to 25 each so that he had in all but 150 Horse and 2000 Foot and to maintain these he was forced to revive the Excise and to lay a Tax of 3d. per Acre throughout that part of the Pale under his power and to seize on some Debts and Tobacco belonging to the Londoners and on the 16th of March he issued a Proclamation to prohibit Outrages and Robberies on pain of Death And thus Matters stood in Ireland at the end of the Year 1643. Nor can we open the following Year with a better Scene than a Session of Parliament 1644. which was held at Dublin on the 17th of April and the very next day the Speakers of both Houses issued Letters to the Officers of the Army strictly prohibiting them from taking the Solemn League and Covenant and in those Letters they took notice of the Lords Justices and Councils Proclamations of the 18th of December 1643 to the same effect And on the 20th of May the Government issued a Proclamation to free from Customs and Impositions for 6 Months all Goods and Commodities that shall be imported for the Relief of the Army into Dublin Drogheda Carlingford Dundalk Cork Youghall or Kinsale But we must leave Ireland for a while and adjourn to Oxford which was the Theater on which the Affairs of that Kingdom were for the present transacted and therefore the Negotiations there shall be handled together and they happened in this manner The Cessation being made as hath been already related the Confederates chose the Lord Viscount Muskery Sir Robert Talbot Dermond mac Teig O Brian c. As their Agents to sollicite the King in England about the Terms of a Peace and the Lords Justices did likewise as from the Council-Board send Sir William Stuart Sir Gerard Lowther Sir Philip Percival 1643. and Justice Donelan to whom Sir George Ratcliff and Sir William Sambach being then at London were added But the Protestants not knowing of this last or not thinking that these Agents would effectually insist upon Their Sense of Affairs or were prepared to prove their Grievances Did on the Sixth of October meet at the Earl of Kildare's House and agreed upon a Petition which they preferred to the Lords Justices and Coâ—ncil desiring leave for their Agents to repair to the King and that the Irish Agents might not be heard till they should arrive and that Care might be taken to continue the present Parliament which by Change of one of the Lord Justices was in Danger of being dissolved To which on the Twelfth of October they received a favourable Answer That they the Lords Justices had taken care to send Protestant Agents to the King to assist in the Treaty and that nevertheless they would transmit a Copy of the Petitioners request to His Majesty and if His Majesty would License their Departure they would not hinder it But the Protestants knowing that even of late time Agents had gone to the King without such special License from His Majesty they did on the Fourthteenth of October proceed to the Choice of Four Persons fit to be employed and prepared a Petition to the King and then Petitioned the Lords Justices and Council To transmit that Address to His Majesty and to License their Agents to repair unto him to England and on the 19th the Lords Justices answered That they had signified their former Petition to his Majesty and had importuned Secretary Nicholas for a speedy Answer which the Petitioners ought to expect and that in the mean time they would not hinder the Agents from going when they pleased but could not recommend them to the King until His Majesties Pleasure were known The Lord Chancellor Bolton took an Exception to the Copy of the Petition that it was not signed as the Original was which Nicety was soon answered by transcribing the Names of the Subscribers but the Earl of Roscomon Sir James Ware and one other who had signed the first Petition went farther and entered the following Protestation concerning it The Sense of divers of his Majesties Protestants Subjects who have Signed to the late Petition directed to His Majesty SUffering under the Mis-construction of Our Petition We hold it fit to declare that We exhibited not the same through want of Assurance of His Majesties Care of the Protestant Religion and of his Subjects nor yet to divert any Supplies that may be drawn from hence against such as in his Kingdom of England have taken up Arms against him but meerly in Right to Gods Cause and in Our Right humbly to inform His Majesty when the Irish Agents repair unto him if the said Agents shall endeavour to surprise or prejudice Us in either this is the Commission We give and if any Person or Persons imployed by Us shall go further or otherwise busie themselves to the disturbance of His Majesties Service against such We do and shall protest as being in Our Intentions no Parties thereunto which as it may serve to vindicate our Faith to His most sacred Majesty so it may shew how Causeless the Jealousies are of this Address to him And thus it stood till January when His Majesties Letter of the Sixth of November arrived and thereby License was granted to the Petitioners to send their Four Agents whereupon the Petitioners chose Sir Charles Coot and Captain William Parsons to be added to the Four they had pitched upon before and presented their Names to the Lord Lieutenant and on the Seventeenth day of February following the Commons of the Irish Parliament approved of what the Petitioners had done and declared their Concurrence therewith whereupon the Petitioners moved the Lord Lieutenant and Council for a recommendation to His Majesty both of their Cause and Agents and being demanded they produced their Instructions which were rectified as is mentioned Appendix 22. and then they were informed that it would gain them favour with the King if they carried over their Companies with them except Sir Charles Coot's which was in Conaught but Captain Parsons his Troop chose rather to be disbanded then to go over to Fight against their Countrey-men but Captain Ridgway's and Sir Francis Hamiltons Companies were Transported under their
this is the greater that the * Clanrickard Person from whom you come with Authority is for several causes Excommunicated A Jure Homine and is at Rome accounted a great Contemner of the Authority and Dignity of Church-men and Persecutor of my Lord Nuntio and some Bishops and other Church-men some of his own Letter come fair for the proof hereof you may be pleased to call to mind that he though much and often moved thereunto never joyned with the Confederate Catholiques until he found the opportunity of bearing down the Pope's Nuntio and had the Lord of Insiquin who not long before dyed his hands in the blood of Priests and innocent Souls in the Church or Rock of St. Patrick in Cashel to close with him in Society of Army the Nation hath now no cause to joy in that Conjunction of those two Stars Do you think God will prosper a Contract grounded upon the Authority of such a Man if some other way be not found of reconciling him to us That therefore what is prophane may be holy and what is rotten sound say in the Name of the Nation with the Prodigal Child Surgam ibo ad Patrem dicam ei pater peccavi in Coelum coram te And even immediately go to his Holiness's Inter Nuntio in this City to make this happy Submission Quia nescit tarda Molimina Spiritus Sancti gratia This being done go on chearfully with your Contract with this most Catholique Prince who did he rightly know the business without such Submission would never enter upon a Bargain to preserve or rather restore Holy Religion in a Kingdom with Agents bringing their Authority from a withered accursed Hand and God will send his Angels of strength and light before that People at least many of them who lying in Darkness and shackled with the Irons of Excommunication c. And it was by the sollicitation of this Angry Bishop and the influence the Clergy had over them that the Agents waving the Authority of the Lord-Deputy that sent them were induced to joyn with the Lord Taaf and in the Name of the People and Kingdom of Ireland to make the following Articles with the Duke of Lorrain An Agreement betwixt Charles the Fourth Duke of Lorrain and Theobald Lord Viscount Taaf Sir Nicholas Plunket and Jeffery Brown Deputed and Authorized by the People and Kingdom of Ireland I. THE most Illustrious Duke is to be vested with Royal Power under the Title of Protector Royal of Ireland II. Because Religion is the prime End and Subject of the Treaty all is to begin with an imploring Application to the Pope for his paternal Benediction and Help that he will not be wanting in things Spiritual or Temporal in consideration whereof it is protested That constant perpetual Obsequiousness of Duty and Faithfulness shall be paid to his Holiness and the Apostolick See III. In consideration of this Royal Protector 's power granted the Duke is by War to prosecute the King's Enemies and afford him all possible Assistance IV. The said Duke is to do nothing in derogation of the King's Authority or Jurisdiction in Ireland but rather to amplifie it and having restored the Kingdom and Religion to its due pristine Estate is to resign chearfully the Kingdom to the King V. Before Resignation as aforesaid ☞ the Duke is to be re-imbursed all by him pre-impended in this Business and for this Re-imbursement a general and exact Obedience to the Duke in Faith and Fidelity from the Kingdom and People is made and to be observed without Reservation to any other Superiority whatsoever VI. The Duke is not to fail on his part to Expel out of Ireland Hereticks Enemies to the King and his Religion and to recover and defend all things belonging to the Faithful Subjects of Ireland VII The Duke is solely and absolutely to exercise all Military Power for the present and future in Ireland as to the Nomination of all Commanders ahd guiding all Martial Proceedings at his own pleasure and in his own person unless he in his absence substitute some other Catholique Person VIII The Duke is to introduce no Innovation in the Towns c. to him assigned repugnant to the Securities Priviledges Immunities Proprieties Lands Estates or Ancient Laws of the Irish reserving only to himself Authority to apply Remedies to any thing accruing wherein publick prejudice may be contained IX The Duke is not to interpose in Administration of Judicial or Civil Affairs but leave them to be proceeded in according to the Fundamental Laws and publick Form of the King 's Chief Governour and the Assembly instituted X. The Manner of calling Assemblies to be as formerly unless complaint arise against the Government or other extraordinary Emergencies hinder and then according to the Ancient Laws the cutting off the Assembly is to be at the pleasure of his Higness XI When the Work is done in Ireland by consent of a General Assembly the Duke promises to afford Assistance to the King against Rebelling Adversaries in other Kingdoms XII In case the Duke cannot go in person into Ireland it is free in his choice and pleasure to depute any other Man of Catholique Piety who shall be Independant in the Militia and in Civil Matters shall be received to all manner of Councils in the same right as any other Counsellor or Commissioner XIII All Cities Castles Lands taken from the English shall revert to the Owners if Catholicks who have connstantly persevered in the Catholick Quarters under the Duke yet the Duke's Military Power shall be entire over the same to garrison and dispose of them at his pleasure XIV All Pay to the Souldiers is to pass from the Duke as well out of the publick Revenues as the Duke's Coffers when that fails provided that the Duke's disbursements of his proper Money for publick Uses for the future to be repaid him as former Disbursements XV. All Goods of Enemies and Delinquents are to be converted to the publick Military Charges and towards rewarding great Merits by the Duke with Advice of the General Assembly XVI The Duke besides 20000 l. already contributed promises all further Accommodations and Supplements for War together with his power and industry what is not above the reach of his Faculties and beneath the Necessities of the War towards the Repayment whereof as well Principal as the Annual Provenue and Use thereof the whole Nation of Ireland is to be liable until the last Peny be paid and for Caution in the mean time the Duke is to be seized and possessed in his own hands of Galway Limerick Athenry the Castle and Town of Athlone ☜ and Waterford and the Royal Fort of Duncannon when recovered from the Enemy and these are to remain to him and his Heirs until full and intire Satisfaction receiv'd and to pay just Obedience and be Garrison'd and Commanded at his pleasure XVII In laying of publick Taxes and levying the same for the Duke's Satisfaction
to excuse my self from communicating to you such Observations as I have made On the contrary I have herewith sent you what I have already collected and will as often as you desire impart to you whatever shall fall under my Notice or Observation that is pertinent to your purpose The Interval between the end of the War and Cromwell's Death affords but little matter for an Historian for it was a time of profound Peace and spent in setting out of Lands setling of Titles in Building and Improvements and in transplanting the Irish into Connaught and imposing the Engagement The Government was managed by Commissioners of Parliament viz. Charles Fleetwood Lieutenant-General of the Army Edmond Ludlow Lieutenant-General of the Horse Miles Corbet John Jones and John Weaver Esquires but the Army was under the sole Conduct of Fleetwood In November 1653. the Commissioners of Delinquency sate at Athlone to determine the Qualifications of the Irish for Transplantation into Connaught and they continued eight Months but did not dispatch Business as was expected and therefore Judg Cook was fain to supply their Defect and some of the other Commissioners removed to Loghreogh to set out Lands to the Irish pursuant to Cook 's Decrees But in Anno 1654. Fleetwood was made Lord Deputy and so continued until August 1655. and then Henry Cromwell was made Commander in Chief of the Army and in the Civil Government Matthew Thomlinson Miles Corbet and Robert Goodwin were in Commission with him and to them Mr. Steel the Chancellor was afterwards added And it was in the year 1655. that the Civil Authority which had been discontinued in Cork since the year 1644. was revived and Sir William 〈◊〉 Maurice Roch Christopher Oliver John Morly John Hodder and other ancient Freemen of the City met and elected John Hodder Mayor and William Hodder and Philip Matthews Sheriffs And in the same year the City and County of Londonderry were restored to the Society of the Governour and Assistants of London of the new Plantation in Ulster within the Realm of Ireland this County being the forfeited Estate of O Cahan and other Irish Septs was by King James granted to this Society under certain Covenants of Improvement whereupon they laid out vast Sums of Money in the Management of that Plantation by building Derry Colerain and twelve Mannor-houses c. But Anno 1636. they were prosecuted in the Star-Chamber on pretence of breach of Articles and their Estates sequestred and Anno 1637. Sir Thomas Fotherly and Sir Ralph Whitfield were Commissioned by the King to make new Leases thereof And tho there did pass a Vote of Parliament Anno 1640. to null the Decree of the Star-Chamber yet by reason of the Irish Rebellion following so soon after they were not restored until this year but Anno 1662. King Charles II. gave a new Charter to this Society under which it flourished till of late But to proceed After Oliver's Death the new Protector made his Brother Henry Cromwell Lord Lieutenant and so he continued until the 7th of May 1659. and then the Parliament sent over Ludlow Jones Thomlinson Corbet and Berry to Govern that Kingdom but Ludlow returned in September so that he was not in Ireland when the following Revolution happened For the People being weary of so many Alterations and Changes and despising the Unsteadiness of the Government were generally inclined to the King's Restauration And this humour being fomented and discreetly managed centred in what they desired The Lords of Montgomery and Broghall Sir Charles Coot Captain Robert Fitz-Gerald Sir Theophilus Jones Sir Oliver Saint-George Sir Awdly Mervin Collonel Mark Trevor Collonel Warren and several others were concerned in this Affair January 1659. They surpriz'd the Castle of Dublin and Jones in it and they seized on Corbet and Thomlinson at a Conventicle in St. Warbert-street and they forced or persuaded Major-General Sir Hardress Waller to comply and so they declared for a Free Parliament The Government being thus in the hands of the Army was managed by a Committee or Council of Officers who upon the Petition of the a Alderman Dee Mayor and Aldermen of Dublin did as they had before design'd summon a Convention By this time the Lord Broghill and Sir Charles Coot were come to Dublin and they projected to suspend the Convention until they had modell'd the Army to their mind and got rid of Sir Hardress Waller But he suspecting their Design seized upon the Castle of Dublin so that they were fain to besiege him and in five days forced him to surrender and then they sent Him Jones Thomlinson and Corbet Prisoners to England But the Victorious Confederates were like to Clash amongst themselves one Party being for Articling with the King for the Confirmation of the Estates of Adventurers and Soldiers and the other Party being for His Majesties Restoration without any previous Condition but at length they agreed in this latter Sentiment and the Convention met on the 7 th of February Sir James Barry being their Chair-man Their first Act was to order a Fast and Humiliation for their Sins amongst which the Murder of the King was Enumerated and all their Actions were suitable to this beginning so that they seemed to contend with England which should be most forward in Restoring the King On the 16 th of February The Council of Officers published their Memorable Declaration for a full and free Parliament and the Re-admission of the Secluded Members in the Parliament of England And pursuant to it the Convention published a Declaration on the 12 th of March to the same purpose and afterwards viz. the 14 th of May they accepted of His Majesties Declaration of the 14 th of April from Breda and cheerfully concurr'd to His Restoration And as soon as this was done the Irish Papists who had fat still all this while and contributed nothing to this great Revolution thought to reap all the Benefit of other Mens Merits insomuch that several of them took Possession of their former Estates and this Grievance was so general that the Convention was necessitated on the 20 th day of May 1660. to issue a Declaration for preserving the Peace and quieting Possessions and on the first of June His Majesty in England issued a Proclamation to the same purpose This Convention gave His Majesty 20000 l. the Duke of York 4000 l. the Duke of Glocester 2000 l. and then leaving a standing Committee to Govern the Nation Adjourn'd till the first day of November following On the 18 th of October His Majesty be Letter approv'd of this Convention and so on the 22 d of January it met again Sir William Dumvill being Chairman and so continued until its Dissolution in May 1661. In the mean time the Government was in the Hands of Sir Charles Coot and Major William Bury who were sided Commissioners of Government and Management of Affairs in Ireland but not long after Sir Maurice Eustace Lord Chancellor Roger Earl of
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
furious in this matter and so inhumane that he kept one Henry Rice in close Prison six weeks in a Dungeon and kept him waking a very long time in hopes that Severity and Distraction might induce him to accuse the rest of his Acquaintance and when he found they were all acquitted even by a Jury whereof the Foreman was a Papist he was enrag'd and troubl'd to the last degree and died within a week afterwards But on the last of March 1685. the Duke of Ormond came to London leaving the Sword with the Lord Primate and the Earl of Granard who were nominally Lords Justices but the Power was in effect in the Earl of Tyrconnell who was Lieutenant-General of the Army and by his means the English Militia were not only deprived of their Arms and by Proclamation ordered to send them into the Stores but the English in the Army began also to be turned out under the pretence of being Oliverians or the Issue of such But 1678. not long after the Protestants were revived by the arrival of the Earl of Clarendon Lord Lieutenant and Sir Charles Porter Lord Chancellor for tho the Irish did every-where give out That they were both Papists yet they soon became sensible of their error and to their great trouble found that those Lords wanted no other Qualifications but that of Power to make the Protestant Religion and the English Interest flourish in Ireland In short they did all that wise and honest Men could do and were too great a Blessing for that unfortunate Countrey to enjoy long and therefore they were removed in February 1686. to make room for the Earl of Tyrconnell who was then sworn Lord Deputy For tho this Lord being Lieutenant-General did even in the Lord Clarendon's time so model the Army that most part of the English were disbanded yet he met with so many rubs in That and Other of his Designs that he despaired to accomplish his Project or to satisfie his Ambition unless he were Supreme in the Government Tyrconnel having thus gotten the Sword of State into his hands quickly turned the Edge of it upon the poor Protestants who were amaz'd to see him act so openly in such a Despotical and Arbitrary manner for some of his Agents not only disbanded most part of the remaining English but insulted on their Misery by doing it reproachfully and added to their affliction by turning them out far from their Friends and their Habitations and took away the Cloaths of some and the Horses and Arms of others without giving them any proportionable recompence And he also changed the Irish Soldiers so often that tho the Army did not consist of more than seven or eight thousand Men yet five times that number by these frequent Changes were taught the use of their Arms and by this means he had a considerable Militia ready upon all occasions Moreover he issued Quo Waranto's against all the Charters at once and altho that procedure did manifest to the World that it was not the Fault of any one or more Corporations that was endeavour'd to be punish'd or reform'd but that it was a fixed design to Subvert the Corporations and consequently to Model the Parliament and the Laws to the Interest and Humour of the Papists yet being Masters of standing Armies both in England and Ireland they thought themselves sure of their Game and that it would be the more Generous and Brave if they acted publickly and as it were in defiance And therefore they dissembled the Matter no longer but appointed two Popish Judges in every Court that they might be sure of a Majority upon all Occasions they also appointed Popish High-Sheriffs throughout the Kingdom and they put so many Papists into the Commission of Peace the Privy-Council and all Places of Authority that they were able to Rule all where-ever they came And as soon as the Charters were Condemn'd there were new Ones granted for the most part to such inconsiderable and beggarly Fellows as were unable to pay for them so that many were left with the Attorney General in Pawn for his Fees however in all these Charters they put in near one third English most of which were Quakers or other Dissenters but at the same time took care to limit the Power and especially that of chusing Parliament Men so that the English if unanimous should not be able to give them any Impediment But the English being the principal Traders and the most Wealthy Men in Ireland It must necessarily follow that the removal of their Plate and other Effects into England and the general Decay of Trade that ensued upon the Apprehensions they had of these Violent and Irregular Proceedings did diminish the Publick Revenue to a degree of rendring it unable to support the Necessary Expences of the Government this indeed was a sensible Stroak and would have changed all their Measures if any thing less had been in the Bottom than a fixt Resolution to subvert the Established Religion and to introduce Popery and to make Ireland a secure Retreat for those whose designs might perhaps miscarry in England However these rapid Motions of Tyrconnel made such a noise in England as occasion'd that Lord to be sent for over to meet the King at Chester the poor Protestants flattered themselves with hopes of some intervals of Moderation from this Interview but they soon found the fatal Effects of this Conference not only in the Continuation but in the encrease of their Grievances And thus the Irish having to their Advantage in Number gained also the whole Power Military and Civil into their Hands thought themselves in a Condition not only to secure Ireland but also to send over considerable Assistance to carry on THE CAUSE in England and accordingly Tyrconel did send thither about 3000 of his choicest Men. This was the single Action that conduced most to the Preservation of these Kingdoms all other things were but subservient thereunto or at most but concurrent with it for whilst other Grievances did but disoblige a certain Number or a Party the bringing in of the Irish alarm'd every Body and especially the Army so that his Present Majesty Landing not long after met with such easy and speedy Success as amazed the present and will be the Wonder of future Ages Moreover to compleat the aforesaid Number of 3000 Men Tyrconel did very improvidently withdraw the Garison of Londonderry without sending another in its stead as not suspecting the sudden Revolution which afterwards happened nor thinking that Derry would dare to refuse a Garison whenever he should think fit to send them one But it was not long before he saw his Error and having Recruited his Forces he sent a new-rais'd Regiment under the Earl of Antrim to possess themselves of the City of Derry This Regiment Quartering in and about Newton on the 6th of December Collonel George Philips sent one James Boyle to give notice thereof to Londonderry and to advise them to shut their
agreed upon by and between the said Parties and His Majesty is further graciously pleased that all Incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Inns of Court in or near the City of Dublin and that such Students Natives of this Kingdom as shall be therein may take and receive the usual Degrees accustomed in any Inns of Court they taking the Oath already mentioned And that they may erect one or more Universities to be Governed by such Rules and Orders as His Majesty shall appoint And it is further concluded and agreed by and between the said Parties and His Majesty is graciously pleased that the said Roman-Catholick Subjects may erect and keep Free-Schools for education of Youth in this Kingdom any Law or Statute to the contrary notwithstanding all the matters of this Article to be passed as Acts of Parliament in the said next Parliament 8. It is further concluded accorded and agreed upon by and between the said Parties and His Majesty is graciously pleased That Places of Command Honour Profit and Trust in His Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon His Roman-Catholick Subjects of this Kingdom and that upon the distribution conferring and disposal of the Places of Command Honor Profit and Trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman-Catholicks and other His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities And that all his Majesties Subjects of this Kingdom as well Roman-Catholicks as others shall for his Majesties Service and their own security arm themselves the best they may wherein they shall have all fitting encouragement And the Places of Command Honour Profit and Trust in Civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman-Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of Command Honour Profit and Trust in the Civil Government for the future no difference shall be made between the said Roman-Catholicks and others His Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective merits and abilities and that in the distribution of Ministerial Offices or Places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman-Catholick Natives of this Kingdom as to other his Majesties Subjects That the Command of Forts Castles Garrisons Towns and other Places of Importance in this Kingdom shall be conferred upon His Majesties Roman-Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Castles Garrisons Towns and other places of Importance in this Kingdom no difference shall be made between his Majesties Roman-Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferency according to their respective Merits and Abilities 9. It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is further Graciously pleased that His Majesty will accept of the Yearly Rent or Annual Sum of Twelve Thousand Pounds Sterling to be applotted with indifferency and equality and consented to be paid to His Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom Tenures in Capite common Knights service and all other Tenures within the Cognizance of that Court and for and in Lieu of all Wardships primer Seisins Fines Ousterlemains Liveries Intrusions Alienations Mesne-rates Reliefs and all other Profits within the Cognizance of the said Court or Incident to the said Tenures or any of them or Fines to accrew to His Majesty by reason of the said Tenures or any of them and for and in lieu of Respites and Issues of Homage and Fines of the same And the said Yearly Rent being so Applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be Passed as an Act for the securing of the said Yearly Rent or Annual Sum of Twelve thousand pounds to be Applotted as aforesaid and for the Extinction and taking away the said Court and other matters aforesaid in this Article contained And it is further Agreed that reasonable Compositions shall be accepted for Wardships fallen since the 23 d. of October 1641. and already granted And that no Wardships fallen or not granted or that shall fall shall be past until the Success of this Article shall appear And if His Majesty be Secured as aforesaid Then all Wardships fallen since the said 23 d. of October are to be included in the Agreement aforesaid upon Composition to be made with such as have Grants as aforesaid which composition to be made with the Grantees since the time aforesaid is to be left to indifferent Persons and the Umpirage to the said Lord Lieutenant His Majesties Commissioner 10. It is further concluded accorded and agreed by and between the said Parties and His Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more Proxies than two and that blank Proxies shall be hereafter totally disallowed and that if such Noblemen or Peers of this Realm as have no Estates in this Kingdom do not within Five Years to begin from the conclusion of these Articles Purchase in this Kingdom as followeth viz. A Lord Baron two hundred pounds per annum a Lord Viscount four hundred pounds per annum and an Earl six hundred pounds Ster per annum shall lose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively And it is further agreed that none be admitted into the House of Commons but such as shall be Estated and Resident within this Kingdom 11. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that as for and concerning the Independency of the Parliament of Ireland on the Parliament of England His Majesty will leave both Houses of Parliament in this Kingdom to make such Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 12. It is further Concluded Accorded and Agreed by and between the said parties and His Majesty is further graciously pleased That the Council Table shall contain it self within it's proper bounds in handling matters of State and weight fit for that place amongst which the Patents of Plantation and the Offices
the said Lord Viscount Mountgarret and the rest of the Persons to be authorised as aforesaid or any Five or more of them and as to his Majesties Rents to grow due at Easter next and from thenceforth the same to be payable unto his Majesty notwithstanding any thing contained in the Article of the Act of Oblivion or in any other Article to the contrary but the same not to be written for or Lewed until a full settlement in Parliament as aforesaid 30. It is further concluded accorded and agreed by and between the said Parties and his Majesty is further graciously pleased That the Commissioners of Oâ—er and Terminer and Goal delivery to be named as aforesaid shall have power to hear and determine all Murthers Manslaughters Rapes Stealths Burning of Houses and Corn in Reek or Stacks Robberies Burglaries Forceable Entries Detainers of Possessions and other Offences committed or done and to be committed and â—one from the 15 th of September 1643 until the First day of the next Parliament These present Articles or any thing therein contained to the contrary notwithstanding Provided that the authority of the said Commissioners shall not extend to question any Person or Persons for doing or Committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any Warrant or Direction from those in pâ—ublick Authority among the Confederate Catholicks nor unto any Act which shall be done after the perfecting and concluding of these Articles by vertue or pretence of any authority which is now by these Articles agreed on Provided also the said Commission shall not continue longer than to the First day of the next Parliament In witness whereof his Excellency the Marquess of Ormond Lord Lieutenant of Iâ—eland his Majesties Commissioner to that part of these Articles remaining with the said Richard Lord Viscount Mountgarret c. and the said Lord Viscount Mountgarret c to that part of these Articles remaining with the said Lord Lieutenant have put their Hands and Seals at Dublin this 28 th day of March 1646 and in the Two and Twentieth Year of the Reign of our Sovereign King Charles King of Great Britain France and Ireland c. Appendix XXV The Petition of the Protestants of Munster against a Peace with the Irish to the Right Honourable the Lord Lieutenant General and Council of Ireland Humbly Sheweth THAT whereas after a long and happy enjoyment of the Peace and Prosperity under which by his Majesties Gracious Government this Land did lately flourish the Irish Papists of this Kingdom have on or about the Three and Twentieth day of October 1641 entred into a most Wicked and Treacherous Conspiracy to surprise the then Lords Justices and Council together with the City of Dublin and all other his Majesties Forts and Holds within this Kingdom intending thereby totally and at once to extirpate the Protestant Religion and English Nation from amongst them and consequently to alienate this Kingdom from the Crown and Government of England And for those ends although they were by the Divine Providence disappointed in the main point of that Bloody and Cruel design have pursued the same with indefatigable malice into Acts of open Rebellion and most inhumane Barbarism Robbing and Despoiling his Majesties good Subjects of their Lives and Fourtunes in all parts of the Kingdom insomuch as his Majesty for the Vindication of his Protestant Subjects from the cruel Rapines of the said Irish Papists was justly occasioned to denounce and undertake a War in this Kingdom the managing and support whereof he was graciously pleased to recommend to and entrust with his Parliament then sitting in England who having piously begun the great work of Suppressing the Cruelties of the aforesaid Irish were by the unhappy interposition of sundry fatal differences in England somented as may be greatly doubted by the Rebels of this Kingdom diverted from the careful and provident courses requisite in so important an affair By means whereof this Majesty who had undertaken the War for our defence was now constrained for our preservation to treat and conclude of a Cessation of Arms for Twelve Months space in which time he was made believe the aforesaid Irish Papists would submit to some 〈◊〉 and honourable conditions of Peace To when purpose Agents from the aforesaid Irish were admitted to have access to his Royal presence and his Majesty did not only in manifestation of his Pâ—ous and Paternal care of his Proteâ—â—ant Subjects command certain select persons welliâ—ensed and interested in the State and Affairs of this Kingâ—om to atâ—end his Royal Person and give information and assistance in the debate of so weighty a business but did also give admission to such Agents as his Protestant Subjects were able to imploy in representing their particular and general grievanced and sâ—fferings by the said Irish Papists who in the negotiation of that whole matter have endeavoured to make advantage of his Majesties 〈◊〉 and by sinister and corrupt means with a lavish expence of that treasure and those Estates which your Petitioners have been dispoled of by them to raise a Factious Party at the Court to seduce and misguide his Royal Majesty and to beguil his Judgment with a selfe opinion of their inclination to Peace and feigned forwardness to advanâ—â— his Service and to discountance and suppress those whose attendance his Majesty had required and those Agents whom your Petitioneâ—s imployed by which subtil and serpentine courses â—he said Irish Agents having quasht and deprest all opposers and accusers and removed all impediments to their 〈◊〉 ends of exâ—irpaâ—ing the English and before any equal debate of the cause proâ—â—red a transmission of the whole affair unto your Lordships with Power and Commission further to treat and conclude of such conditions as by those deceitful courses they had gained too great hope to be confirmed unto them which for some reasons was not thought fit to be done in England they do now with the same art and subtilty study to trick your Petitioners here before your Lordships and to compound for all their mischiefs multiplied upon the Heads of your Petitioners at their own rates And therefore at a time when neither your Petitioners nor any from them are present when the Agents imployed to his Sacred Majesty are unreturned to this Kingdom and whilst most of your Petitioners evidences of their detestable Treasons and horrible Barbarisms are remaining in England they endeavour to strike up the business with your Lordships upon such terms as your Petitioners who were once a considerable part of this late flourishing and now unhappy Kingdom have not the honour to be made privy unto or to be called or admitted to any debate of the business of that main influence upon themselves and their Posterity Wherefore your Petitioners having seen how far some Persons of Honour have been misguided and by secret and subtil contrivances drawn to become abused properties and instruments to accomplish the wicked designs of the aforesaid
Irish Rebels and finding how they are in all likelihood in danger to be overborn by the power and potency of their said Adversaries do in all humility beseech your Lordships first to call to mind that his Majesty hath by his Royal assent unto an Act of Parliament obliged himself not to grant any Pardon or terms of Peace to the aforesaid Rebels without the consent of his Parliament of England and accordingly that your Lordships would not suffer any part of his Majesties Honour to be betrayed to calumny in assenting to such packed terms of Peace as they have already contrived to draw your Lordships unto without the consent of the said Parliament of England and without admitting your Petitioners to a free and full debate of the cause whereby they may vindicate his Majesty and themselves from that unnatural aspersion which the Irish would maliciously fasten on them by making the one the fauter and the other the occasion of their Rebellion And that the matter may not be carryed with such indulgency towards them as that to extenuate their real enormities your Petitioners must be made guilty of imaginary crimes and undergo a heavier censure for demanding Justice than they for perpetrating all their Treasons and that their Lives Fortunes and Posterities and which is dearest their Religion may not be sold or sacrificed to the malice of the Irish Papists or if this lawful favour shall be denied them that they may have leave to protest against any such fatal and destructive conclusions as are in hand to be made with the aforesaid Irish Rebels without consent of the King and Parliament or your Petitioners privity and that their fictious pretences of assisting his Majesty wherewith they have too long already abused himself and his Ministers on purpose to protract the War in England may not be a sufficient wile to delude your Lordships any longer but that your Petitioners and not Persons disaffected to their Religion and Nation now to be preserved or ruined may be heard to plead in this cause before any Judgment be given therein and that the Examples of their former and frequent breaches of the Cessation yet unrepaired may be accounted a reasonable caution to your Lordships to expect little better observation of any Peace that shall abridge them of their devilish designs And your Petioners shall ever Pray for your Lordships increase of Honour and Happiness Signed by the Lord Broghill the Magistrates of Cork Kinsale Youghall and Bandonbridge and above Three Hundred other Persons Append. XXVI The Articles between Sir Knelme Digby and the Pope Articles to be sent to the Lord Rimucini to be put in Execution in Ireland with Power to add to and take from them according to the present State of Affairs and as need shall be which will be better understood there upon the place 1. THAT the King of Great Britain do effectually grant in the Kingdom of Ireland the free and publick Use of the Roman Catholick Religion allowing the Ecclesiastical Hierarchy to be restored to the Catholicks with all the Churches and Revenues according to the Custom of the said Religion And as to the Monasteries pretended to have been released to the Possessors by Cardinal Pool Legate in the Time of Queen Mary that it be debated in a free Parliament in Ireland what may or can be done in that Point as likewise touching the three Bishopricks that of Dublin and the other two which are in the Hands of the Heretick Protestants under the Obedience of the King 2. That he annul and repeal all the Penal Laws and others whatsoever made aginst the said Catholicks on the Account of their Religion from the beginning of the Defection of Henry the Eighth to this Day 3. That for the better establishing the free and publick Exercise of the Catholick Religion and to add more Force and Security to the Repeal of the said Laws the King do call a Parliament in Ireland independent on that of England 4. That the Government of the Kingdom of Ireland and the principal Offices there be put into the Hands of the Catholicks and that Catholicks be made capable and promoted to Offices Honours and Degrees in that Kingdom in like manner as the Protestants have been till this Time 5. That the King do put into the Hands of the Irish Catholicks or at least such English Catholicks as the Supream Council of Ireland shall approve of the Town of Dublin and the other two which are held in his Name in Ireland 6. That he join his Forces with those of the Irish to drive the Scots and Parliamentarians out of Ireland 7. This being performed by the King and what else may in Ireland be added or altered in these Articles by the Lord Rimucini His Holiness is willing to pay to the Queen of Great Britain a Hundred Thousand Crowns of Roman Money 8. That the said King do repeal all the Laws made against the Catholicks of England and particularly the two Oaths of Supremacy and Allegiance so as they may enjoy their Revenues Honours Liberties and Priviledges as other the Gentlemen of that Kingdom do so that their being Catholicks shall be no manner of prejudice to them and that in the first Parliament or other Settlement of the Affairs of England His Majesty do approve and confirm the aforesaid Repeal and in the mean Time that they do actually enjoy all manner of Equality with the Protestants 9. That an Agreement be made between the King and the Supream Council of Ireland to transport into England a Body of an Army of Twelve Thousand Foot under Irish Commanders and Officers to whom shall be joyned Three Thousand or at least Two Thousand Five Hundred English Horse under Catholick Commanders upon such Conditions to be adjusted between them concerning the Government of the Army the Ports of their Landing and Places of Security as shall be adjudged just and convenient 10. When the said Forces shall be entred into England and joyned together in any Place His Holiness will pay the first Year a Hundred Thousand Crowns of Roman Money by a Monthly Proportion the same to be continued the second and third Year as â—â—is Forces shall stand and according to the Advantage that shall â—e made by the said Army 11. And lastly because the first six Articles may speedily be put in Execution His Holiness will expect the performance of them in six Months from the Date of these Presents and as to the Eighth and Ninth that require perhaps longer Time he will stay four Months more besides the Six beyond which he will not be tyed to this present Promise At Rome the 30 th Day of November 1645. Append. XXVII The Articles made by the Earl of Glamorgan WHereas much time hath been spent in meetings and debates betwixt His Excellency James Lord Marquess of Ormond Lord Lieutenant and General Governour of His Majesties Kingdom of Ireland Commissioner to His most Excellent Majesty Charles by the Grace of God King of
in this present Parliament assembled is graciously pleased that it may be Enacted And be it Enacted by the King 's most Excellent Majesty the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That from and after the First day of this Session of Parliament it shall and may be lawful to and for all the Professors of the Roman Catholick Religion of what degree condition or quality to have use and enjoy the free and publick exercise and profession of the said Roman Catholick Religion and of their several and respective functions therein without incurring any Mulct or Penalty whatsoever or being subject to any restraint or incapacity concerning the same any Article or Clause Sentence or Provision in the said last mentioned Acts of Parliament or in any other Act or Acts of Parliament Ordinances Law or usage to the contrary or in any wise notwithstanding And be it also further Enacted That neither the said Statutes or any other Statute Acts or Ordinances hereafter made in Your Majesties Reign or in the Reign of any of Your Highnesses most Noble Progenitors or Ancestors and now of Force in this Kingdom nor all nor any Branch Article Clause and Sentence in them or any of them contained or specified shall be of force or validity in this Realm to extend to be construed or adjudged to extend in any wise to inquiet prejudice vex or molest the Professors of the said Roman Catholick Religion in their Persons Lands Hereditaments or Goods or any thing matter or cause whatsoever touching and concerning the free and publick use exercise and enjoyings of their said Religion function and profession And be it also further Enacted and Declared by the Authority aforesaid That Your Majesties Roman Catholick Subjects in the said Realm of Ireland from the first day of this Session of Parliament shall be and be taken deemed and adjudged capable of all Offices of Trust and Advancement Places Degrees and Dignities and perferment whatsoever within your said Realm of Ireland Any Acts Statutes Vsage or Law to the contrary notwithstanding And that other Acts shall be passed in the said Parliament according to the tenour of such Agreement or Concessions as herein are expressed and that in the mean time the said Roman Catholick Subjects and every of them shall enjoy the full benefit freedom and advantage of the said Agreement and Concessions and of every of them 5. It is Accorded Granted and Agreed by the said Earl for and in the bâ—â—â—lf of His Majesty His Heirs and Successors That his Excellency the Lord Marques of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majesty shall not disturb the professors of the Roman Catholick Religion in their present possession and continuance of the profession of their said Churches Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended unto by the said Earl until His Majesties pleasure be signified for confirming and publishing the Grants and Agreements hereby Articled for and Condescended unto by the said Earl 6. And the said Earl of Glamorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto all and singular the professors of the said Roman Catholick Religion within the said Kingdom of Ireland for the due observance and performance of all and every the Articles Grants and Clauses therein contained and the Concessions herein mentioned to be performed to them 7. It is Accorded and Argeed That the said publick Faith of the Kingdom shall be ingaged unto the said Earl by the said Commissioners of the said Confederate Catholicks for sending Ten thousand men to serve His Majesty by order and publick Declaration of the General Assembly now sitting And that the Supream Council of the said Confederate Catholicks shall engage themselves to bring the said number of Men Armed the one half with Musquets and the other half with Pikes unto any Port within this Realm at the Election of the said Earl and at such time as he shall appoint to be by him Shipped and Transported to serve His Majesty in England Wales or Scotland under the Command of the said Earl of Glamorgan as the Lord General of the said Army which Army is to be kept together in one intire Body and all other the Officers and Commanders of the said Army are to be named by the Supream Council of the said Confederate Catholicks or by such others as the General Assembly of the said Confederate Catholicks of this Kingdom shall intrust therewith In witness whereof the Parties to these Presents have hereunto interchangeably put their Hands and Seals the 25 th day of August 1645. Glamorgan Signed Sealed and Delivered in the Presence of John Somerset Jeffery Barron Robert Barry Articles of Agreement made and concluded upon by and between the Right Honourable Edward Earl of Glamorgan and in pursuance and by vertue of His Majesty's Authority under His Signet and Royal Signature bearing Date at Oxford the Twelfth day of March in the Twentieth Year of His Reign for and on the behalf of His Most Excellent Majesty of the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the Confederate Catholicks of Ireland Donnogh Lord Viscount Muskerry Alex. M. Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires for and on the behalf of His Majesty's Roman Catholick Subjects and the Catholick Clergy of Ireland of the other part 1. THE said Earl doth Grant Conclude and Agree on the behalf of His Majesty His Heirs and Successors to and with the said Richard Lord Viscount Mountgarret Donnogh Lord Viscount Muskerry Alex. Mac Donnell and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Browne Esquires That the Roman Catholick Clergy of the said Kingdom shall and may from henceforth for ever hold and enjoy all such Lands Tenements Tyths and Hereâ—itaments whatsoever by them respectively enjoyed within this Kingdom or by them possessed at any time since the Three and twentieth of October 1641. And all other such Lands Tenements Tyths and Hereditaments belonging to the Clergy within this Kingdom other than such as are actually enjoyed by His Majesty's Protestant Clergy 2. It is Granted Concluded and Agreed on by the said Richard Lord Viscount Mountgarret c. on the behalf of the Confederate Roman Catholicks of Ireland that Two parts in Three parts to be divided of all the said Lands Tyths and Hereditaments whatsoever mentioned in the precedent Articles shall for Three Years next ensuing the Feast of Easter which shall be in the Year of our Lord God 1646. be disposed of and converted for and to the Use of His Majesty's Forces employed or to be employed in His Service and the other Third part to the Use of the said Clergy resepectively and so the like
disposition to be renewed from Three Years to Three Years by the said Clergy during the Wars 3. It is Accorded and Agreed by the said Earl of Galmorgan for and in the behalf of His Majesty His Heirs and Successors that his Excellency the Lord Marquess of Ormond Lord Lieutenant of Ireland or any other or others Authorized or to be Authorized by His Majsty shall not disturb the Professors of the Roman Catholick Religion in their present Possession of their Churches Lands Tenements Tyths Hereditaments Jurisdiction or any other the matters aforesaid in these Articles agreed and condescended to by the said Earl until His Majesty's pleasure be signified for confirming and publishing the Grants herein Articled for and condescended unto by the said Earl 4. It is Accorded Granted and Agreed by the said Earl for and in the behalf of His Majesty His Heirs and Successors that an Act shall be Passed in the next Parliament to be held in this Kingdom acccording to the Tenour of such Agreements or Concessions as herein are expressed and that in the mean time the said Clergy shall enjoy the full benefit freedom and advantage of the said Agreements and Concessions and every of them And the said Earl of Galmorgan doth hereby engage His Majesty's Royal Word and Publick Faith unto the said Lord Viscount Mountgarret and the rest of the said Commissioners for the due Observance and Performance of all and every the Articles Agreements and Concessions herein contained and mentioned to be performed to the said Roman Catholick Clergy and every of them In Witness whereof the Parties to these Presents have hereunto interchageably put their Hands and Seals the 25 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Dilivered in the presence of Glamorgan John Summerset Jeffery Barron Robert Barry Whereas in these Articles touching the Clergy Livings the Right Honourable the Earl of Glamorgan is obliged in His Majesty's behalf to secure the Concessions in these Articles by Act of Parliament We holding that manner of securing those Grants as to the Clergy Livings to prove more difficult and prejudicial to His Majesty than by doing thereof and securing those Concessions otherwise as to the said Livings the said Earl undertaking and promising in the behalf of His Majesty His Heirs and Successors as hereby he doth undertake to settle the said Concessions and secure them to the Clergy and their respective Successors in another secure way other than by Parliament at present till a fit opportunity be offered for securing the same do agree and condescend thereunto And this Instrument by his Lordship Signed was before the perfecting thereof intended to that purpose as to the said Livings to which purpose We have mutually Signed this Endorsement And it is further intended that the Catholick Clergy shall not be interrupted by Parliament or otherwise as to the said Livings Contrary to the meaning of these Articles Glamorgan I Edward Earl of Glamorgan do Protest and Swear Faithfully to acquaint the Kings most Excellent Majesty with the proceedings of this Kingdom in Order to His Service and to the indearment of this Nation and punctual performance of what I have as Authoriseed by His Majesty obliged my self to see performed and in default not to permit the Army intrusted into my Charge to adventure it self or any considerable part thereof until Conditions from His Majesty and by His Majesty be performed Glamorgan The Defezance to the Earl of Glamorgan KNOW all Men by these Presents That whereas We the Right Honourable Richard Lord Viscount Mountgarret Donnogh Lord viscount Muskerry Alexander Mac Donnel Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Jeffery Brown Esquires appointed by the Confederate Catholicks of Ireland to treat and conclude with the Right Honourable Edward Earl of Glamorgan for and in behalf of His most Excellent Majesty our dread Sovereign King Charles And having treated and concluded with the said Earl of Glamorgan as by the Articles of Agreement to which we have interchangealy set our Hands and Seals more at lage appeareth Yet it is to be understood that by the said Agreement the Right Honourable Edward Earl of Glamorgan doth no way intend to oblige His Excellent Majesty other than he himself shall please after he hath received these Ten thousand Men being a Pledge and Testimony of our Loyalty and Fidelity to His Majesty yet the said Earl of Glamorgan doth Faithfully promise upon his Word and Honour not to acquaint His most Excellent Majesty with this Defesance until his Lordship hath endeavour'd as far as in him lies to induce His Majesty to the granting of the particulars in the said Articles of Agreement but that done according to the Trust we repose in our very good Lord the Earl of Glamorgan We the said Richard Lord Viscount Mountgarret c. and every of Us for and in the behalf of the Confederate Catholicks of Ireland who have intrusted Us do discharge the said Earl of Glamorgan both in Honour and Conscience of any further ingagement to Us herein though His Majesty be not pleased to grant the said Particulars in the Articles of Agreement mentioned and this we are induced to do by the particular Trust and Confidence the said Earl of Glamorgan hath reposed in Us for the draught of the Act of Parliament inserted within the Articles of our Agreement We assuring upon our Words and Honours that it is the most moderate of Three which we brought up for the Assent of the Right Honourable the Lord Marquess of Ormond Lord Lieutenant of Ireland his Excellency and without which we cannot be satisfied and we are also induced hereunto in regard the said Earl of Glamorgan hath given us Assurance upon his Word and Honour and upon a voluntary Oath of his that he would never to any Person whatsoever discover the Defezance in the interim without our consents And in confidence thereof We have hereunto set our Hands and Seals the 26 th day of August Anno Dom. 1645. Glamorgan Signed Sealed and Delivered in the Presence of the Lord John Somerset who knew nothing of the Contents thereof F. Oliver Darcy Peter Bath Appen XXVIII His Majesties Letter about the Earl of Glamorgan's Peace Right Trusty c. We greet you well WE have seen and considered the dispatch directed from you and our Council there to our Trusty and Well-beloved Counsellor Sir Edward Nicholas one of our Privy Council of State concerning the Earl of Glamorgan's Accusation and your Proceedings thereupon and as we could not receive the one without extraordinary amazement that any mans folly and presumption could carry him to such a degree of abusing our trust how little soever so we could not but be very sensible of the great affection and zeal to our service which you have expressed in putting our honour so highly traduced into so speedy and effectual way of Vindication by the proceeding against the said Earl of Glamorgan and though we
the matters assented unto in this Article be passed as Acts of Parliament in the said next Parliament 9. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that places of command honour profit and trust in his Majesties Armies in this Kingdom shall be upon perfection of these Articles actually and by particular instances conferred upon his Roman Catholick Subjects of this Kingdom and that upon the distribution conferring and disposing of the places of command honour profit and trust in his Majesties Armies in this Kingdom for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects But that such distribution shall be made with equal indifferency according to their respective merits and abilities and that all his Majesties Subjects of this Kingdom as well Roman Catholicks as others may for his Majesties service and their own security arm themselves the best they may wherein they shall have all fitting incouragement and it is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that places of command honour profit and trust in the civil Government in this Kingdom shall be upon passing of the Bills in these Articles mentioned in the next Parliament actually and by particular instances conferred upon his Majesties Roman Catholick Subjects of this Kingdom and that in the distribution conferring and disposal of the places of command honour profit and trust in the civil Government for the future no difference shall be made between the said Roman Catholicks and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that in the distribution of ministerial offices or places which now are or hereafter shall be void in this Kingdom equality shall be used to the Roman Catholick Natives of this Kingdom as to others his Majesties Subjects and that the command of Forts Castles Garrisons Towns and other places of importance in this Kingdom shall be conferred upon his Majesties Roman Catholick Subjects of this Kingdom upon perfection of these Articles actually and by particular instances and that in the distribution conferring and disposal of the Forts Garrisons Towns and other places of importance in this Kingdom no difference shall be made between his Majesties Roman Catholick Subjects of this Kingdom and other his Majesties Subjects but that such distribution shall be made with equal indifferences according to their respective merits and abilities and that until full settlement in Parliament fifteen thousand foot and two thousand and five hundred Horse of the Roman Catholicks of this Kingdom shall be of the standing Army of this Kingdom And that until full settlement in Parliament as aforesaid the said Lord Lieutenant or other Chief Governour or Governours of this Kingdom for the time being and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall diminish or add unto the said number as they shall see cause from time to time 10. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesty will accept of the yearly rent or annual sum of of twelve thousand pounds sterling to be apploted with indifferencey and equality and consented to be paid to his Majesty his Heirs and Successors in Parliament for and in lieu of the Court of Wards in this Kingdom tenures in Capite Common Knights service and all other tenures within the cognizance of that Court and for and in lieu of all Wardships primer-seisins fines ousterlemains liveries intrusions alienations measne rates releases and all other profits within the cognizance of the said Court or incident to the said tenures or any of them or fines to accrew to his Majesty by reason of the said tenures or any of them and for and in lieu of respits and issues of homage and fines for the same And the said yearly rent being so applotted and consented unto in Parliament as aforesaid then a Bill is to be agreed on in the said Parliament to be passed as an Act for the securing of the said yearly Rent or annual sum of twelve thousand pounds to be applotted as aforesaid and for the extinction and taking away of the said Court and other matters aforesaid in this Article contained And it is further agreed that reasonable compositions shall be accepted for Wardships fallen since the 23 of October 1641. and already granted and that no wardships fallen and not granted or that shall fall shall be passed until the success of this Article shall appear and if his Majesty be secured as aforesaid than all Wardships fallen since the said 23 of Octob. are to be included in the agreement aforesaid upon composition to be made with such as have grants as aforesaid which composition to be made with the grantees since the time aforesaid is to be left to indifferent persons and the umpirage to the said Lord Lieutenant 11. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that no Nobleman or Peer of this Realm in Parliament shall be hereafter capable of more proxies than two and that blank proxies shall be hereafter totally dis-allowed and that if such Noble Men of Peers of this Realm as have no Estates in this Kingdom do not within five years to begin from the conclusion of these Articles purchase in this Kingdom as followeth viz. A Lord Baron 200 l. per annum a Lord Viscount 400 l. per annum and an Earl 600 l. per annum a Marquess 800 l. per annum a Duke 1000 l. per annum shall loose their Votes in Parliament until such time as they shall afterwards acquire such Estates respectively and that none be admitted in the House of Commons but such as shall be Estated and resident within this Kingdom 12. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that as for and concerning the independency of the Parliament of Ireland on the Parliament of England his Majesty will leave both houses of Parliament in this Kingdom to make Declaration therein as shall be agreeable to the Laws of the Kingdom of Ireland 13. Item It is further concluded and agreed upon by and between the said parties and his Majesty is further graciously pleased that the Council-Table shall contain it self within its proper bounds in handling matters of State and Weight fit for that place amongst which the Patents of plantation and the Offices whereupon those Grants are founded to be handled as matters of State and to be heard and determined by his Majesties Lord Lieutenant or other chief Governour or Governours for the time being and the Council publickly at the Counsel-Board and not otherwise but
Flames but the Devout Citizens first made a Collection for the Repair of the Church and then set themselves to the re-edifying their own Houses And so we come to a Trial 1284. very unusual in Courts of Justice in Ireland tho' too frequent in the Field viz. that of Battle Ware presul 142. for Jeofry Saintleger Bishop of Ossory in a Writ of Right for the Mannor of Sirekeran in Ely O Carol recovered the same and the Trial was by Battle between the Bishops Champion and the Champion of his Adversary The Lords and Potentates of Ophaly were grown strong enough to take and burn the Castle of Ley 1285. and it seems Theobald Verdon going to revenge that Injury lost both his Men and his Horses which was followed with a greater Misfortune for the next Morning Girald Fitz-Maurice was betrayed by his Followers and taken Prisoner Nor had the English better Success at Rathdod for in an unfortunate Skirmish there Sir Gerard Doget Ralph Petit and many more were slain and the Lord Geofry Genevil had much ado to save himself by Flight Amidst these Disturbances Burlace 31. the Lord Justice obtained from the King a Pension of five hundred Pound per annum for his Expence and Charge in the Government to continue as long as his Justiceship but if any extraordinary Accident should require more Expence than the Writ prescribes That a Vice-Treasurer be appointed to receive and pay the Revenue as the Lord Justice and the Court of Exchequer shall think fit But the next Year was more favourable 1286. so that Philip Stanton in November burnt Norwagh and Ardscol and other Towns and the great Rebel Calwagh was taken at Kildare which superseded these Stirs for a Time Nevertheless this Year was fatal to many Noblemen viz. Maurice Fitz-Maurice who died at Rosse as Girald Fitz-Maurice Oge did at Rathmore and the Lord Thomas de Clare could not escape the Common Fate to which the Lord Justice himself was forced to submit So that John Sandford 1287. Archbishop of Dublin was chosen Lord Justice His Government was the more uneasie to him because Richard Burk 1288. Earl of Vlster and Walter Lacy Lord of Meath confederated against Theobald de Verdon and Besieged him in the Castle of Athloan and came with a great Army as far as Trim However this was in a great measure recompenced by the Plenty of the Year which was so great even in England that a Bushel of Wheat was sold for four Pence It was usual in this King's Reign To send the new English Statutes in some reasonable time after they were made to be proclaimed and observed in Ireland Thus in the thirteenth Year of his Reign he sent by Roger Bretun the Statutes of Westminster the first of Glocester of Merchants and of Westminster the second to the Lord Justice Fulborne to publish and notifie them to the People And this Year the like was done by the Statute called Ordinatio pro Statu Hiberniae which was enacted in England and sent to Ireland to be observed there and is to be seen in French in the second part of the Ancient Statutes printed at London 1532. And the Statutes of Lincoln and of York were also sent to Ireland Ex lib. Alb. Scac. Hib. to be enrolled in the Chancery and to be published and notified to the People 20 Novemb. 17 Edw. 1. And it is to be observed That after Parliaments were held in Ireland yet the English Statutes did extend to Ireland as the eleventh of Edward III Lib. M. Lamb. of Drapery and the twenty seventh of Edward III of the Staple and the fourth of Henry V cap. 6-touching the Promotion of Clerks of the Irish Nation and many more But it is time to return to the Lord Justice whose Service the King had occasion to make use of in England and in several Foreign Embassies in all which he behaved himself honourably He was succeeded in Ireland by William Vescy 15 Novemb. 1290. Lord Justice Whose Government was disturbed by O Hanlon in Vlster and O Mlaghlin in Meath who were again in Rebellion but Richard Earl of Vlster had the good Fortune to suppress O Hanlon with a few Blows and the Lord Justice did as much for O Mlaghlin and pursued him so close that at last he was taken and slain by Mac Coughlan who grew so proud upon that Service that he set up for himself and gave a great Defeat to William Burk at Delvin and to the English in Ophaly And tho' the King in the thirteenth Year of his Reign had a Grant from the Pope of the Tenth of all Ecclesiastical Revenues in Ireland for seven Years toward the Holy War which was followed with a Grant of a Fifteenth from the Temporality yet now upon the Expiration of that Grant he wrote to the Bishops and Clergy for a Dism of their Spiritualities to defray his Debts in redeeming his Nephew Charles But they unanimously answered Quod concessioni petitionis praefatae minime supercederent But Cambden assures us That the Temporality granted another Fifteenth To this Lord Justice Cambden 78. Baliol King of Scotland did Homage for some Lands he held in Ireland and about the same time it was ordered 4 Inst 356. That the Treasurer of Ireland should account yearly at the Exchequer of England 1293. And the same Year came over Gilbert de Clare Earl of Glocester whose Wife Joan of Acres was the King's Daughter But now there arose great Feuds between John Fitz-Thomas Fitz-Girald Lord of Ophaly and the Lord Justice whereupon the Lord Justice did underhand encourage the Irish to do all the Prejudice they could to Fitz-Girald and his Partisans hence arose mutual Complaints and reciprocal Impeachments so that both of them went or were fent for into England But it will not be unpleasant to the Reader to have the Particulars of this famous Controversie in the Words of Holingshead The Lord Justice hearing many Complaints of the Oppressions the Country daily received Holingshead 35 which he thought reflected on him and insinuated his male Administration therefore to disburthen and excuse himself he began in misty Speeches to lay the Fault on the Lord John Fitz-Giralds Shoulders saying in parable wise That he was a great occasion of these Disorders in that he bare himself in Private Quarrels as fierce as a Lyon but in these Publick Injuries as meek as a Lamb. The Baron of Ophaly spelling and putting these Syllables together spake after this Manner My Lord I Am heartily sorry that among all this Noble Asembly you make me your only Butt whereat you shoot your Bolt and truly were my Deserts so hainous as I suppose you would wish them to be you would not labour to cloud your Talk with such dark Riddles as at this present you have done but with plain and flat English your Lordship would not stick to impeach me of Felony or Treason for as mine Ancestors with
Ireland they proceeded to crown this Impostor at Christ-Church in Dublin with a Crown which they took from the Statue of the Virgin Mary in S. Mary-Abby and this Ceremony was rendred more solemn by a Sermon preached by the Bishop of Meath on the occasion and by the Attendance of the Lord Deputy the Chancellor Treasurer and other the great Officers of State And after he was crowned they carried him in Triumph upon the Shoulders of Great Darcy of Platten But the good Archbishop of Armagh refused to be present at this ridiculous Pageantry for which they gave him all the Trouble they could But it seems they were conscious of their Misdemeanour in this Matter and they knew how to purchase Absolution and therefore they called a Parliament or Assembly in the Name of their new King and the Clergy gave the Pope a Subsidy to absolve them So eager were these People to follow the Fortunes of this Mock-King that Thomas Fitz-Girald resigned the Chancellorship to the Lord of Portlester the better to be at liberty and so together they went for England and landed in Lancashire where Sir Thomas Broughton and his Party joyned them they marched through Yorkshire to Newark and being stopt there they turned aside to Notinghamshire and near the Village of Stoke 1487. on the the eleventh of June after a desperate Fight for three Hours they were totally defeated and all the Commanders and four thousand Soldiers slain and Lambert and his Master Symon were taken Prisoners and the latter was imprisoned and the former made one of the King's Falconers In December James Fitz-Thomas Decemb. 7. Earl of Desmond in the twenty eighth Year of his Age was murdered at Rakele by his Servant Shane Maunta and others who were all taken and executed for it by Maurice his Brother and Successor in that Earldom The Earl of Kildare and the other Ministers of State that were Faulty sent Messengers to the King to implore his Pardon which after some exprobration and reprimand was obtained and he was still continued in his Office of Lord Deputy Ware 14 And the same Year the Inconveniences of Sanctuaries were somewhat lessned by the Pope's Bull for the better Regulation of them It seems strange That hitherto the King did not send any Soldiers into Ireland to suppress the remainder of the Faction of York perhaps he knew That if he took any severe course with them it would utterly destroy the Pale and by weakning the small Colony of English would turn to the Advantage of the Irish and therefore he contented himself with the Submission of those that had been Faulty and sent over Sir Richard Edgcomb to take new Oaths of Allegiance of the Nobility and Gentry and to bind them in Recognizance to performance and thereupon to give them a Pardon He brought with him five hundred Men which was rather a Guard than an Army and he arrived at Kingsale with five Ships on the twenty seventh Day of June he did not intend to come on Shoar there and therefore the Lord Thomas Barry i.e. Barry oge came on Board and there did his Homage for his Barony and took his Oath of Allegiance but the next Day Sir Richard Edgcomb at the Importunity of James Lord Courcy and the Inhabitants of Kingsale did come into the Town and in their Parish Church dedicated to S. Multotius the Lord Courcy did Homage and he and the Townsmen swore Allegiance and entred into Recognizance for the Observation of it whereupon they were pardoned And so after Dinner Edgcomb sailed toward Waterford where he arrived the last Day of June and having applauded the Loyalty of that City and assured them That the King would liberally remunerate their Fidelity he set Sail for Dublin and there he arrived the fifth Day of July and was received by the Mayor and Citizens in most humble and submissive manner at the Gate of the Abby of the Friers Preachers where he was to lodge The Earl of Kildare was then upon some Exploit against the Irish so that he did not come to Dublin until the twelfth of July and then he sent the Bishop of Meath the Lord Slane and others unto Edgcomb to conduct him to S. Thomas-Court where the Lord Deputy lay Thither did Sir Richard come and with a stern Countenance delivered the King's Letters to the Lord Deputy after which they had a Private Conference but many of the Nobility being absent nothing more was done at that time and so they departed the Lord Deputy went to Minooth and Sir Richard Edgcomb returned to the Abby The next Day being Sunday Edgcomb caused to be read in Christ Church after Sermon the Absolution of the former Excommunication which the Pope had lately granted at the King's Request unto all those that should thenceforward continue loyal to his Majesty and after some time and many Expostulations between the Commissioners and the Nobility they did at last agree on the Form of an Oath to be found at large in Sir James Wares Annals p. 17. Wherein this is observable that they swore not to hinder or disturb the excommunication of all such as should oppose the King of what Quality soever they should be And in the Oath of the Clergy it was added that they should publish the Popes Excommunication against all the Kings Rebels or Enemies in Ireland as often as they should be thereunto required Salvo Ordine Episcopali c. And so on the 21st of July the Earl of Kildare being first absolved from the former Excommunication after the usual manner in time of Divine Service did Homage to the Kings Commissioner in the great Chamber in Thomas Court and swore Allegiance and entred into Recognizance for the due Observation of it and then Edgecomb gave him his Pardon and put a Gold-Chain about his Neck which the King had sent him for a Present to signifie his Majesties entire Reconcilation to him The like Oaths and Recognizances were made by Rowland Eustace Baron of Portlester Lord High Treasurer Robert Preston Viscount Gormanstown James Fleming Baron of Slane Nicholas St. Laurence Baron of Houth Christopher Barnewal Baron of Trimletstown John Plunket Baron of Dunsany Walter Archbishop of Dublin John Walton who had resigned that Archbishoprick reserving the Mannor of Swords to live upon during Life John Bishop of Meath Edmond Bishop of Kildare John Purcell Abbot of St. Thomas Abby Walter Champflour Abbot of St. Maryes and James Cogan Prior of Holm-Patrick and then Sir Richard Edgecomb entertain'd them all at a splendid Banquet at his Lodgings and the next day the Mayor and Citizens of Dublin took their Oaths at the Tolsel and remitted a Copy of the Oath under the City-Seal to the King to certifie His Majesty that they had taken it And so on the 23d day of July Edgecomb went to Drogheda and thence to Trim and both those Towns as also the Prior of St. Peters near Trim and the Abbots of Navan and Beclif did in like manner
York Second Son of Edward the Fourth to whom the Crown did really belong if he were living and this Perkin did personate him so well that there remains some doubt to this day whether he were an Impostor or not but supposing he was it was cunningly contrived to let him first appear in Portugal as a Child that had in a skulking manner fled from the Cruelty of his usurping Unkle besides Portugal was a Place with which the Duchess of Burgundy had not much Correspondence and therefore it could not be suspected that she had a hand in the Cheat but however that be young Perkin set Sail from Lisbon and arrived safely at Cork where he was kindly received by the Citizens and particularly by John Walters an eminent Merchant of Cork who probably was then Mayor and whose Apprentice Perkin had been as they say he wrote Letters to the Earls of Kildare and Desmond for their Assistance against King Henry but before he received their Answers he received Letters from the French King inviting him thither and so to France he went and was royally received and entertained until that King made Peace with King Henry and then Perkin made a seasonable Retreat into Flanders where he was exceeding welcome to his supposed Aunt the Duchess of Burgundy and there we will leave him for a while and return to our â—ord Deputy He held a Parliament at Dublin 1493. on Friday after Midsummer which it seems vacated some Indictments and Inquisitions that had formerly been made to the prejudice of this Lord Deputy by the Means of the Lord Portlester and now the Tables being turn'd and the Votaries of the House of Lancaster at Helm the Lord Portlester himself was questioned in the Exchequer for the miss-management of his Office of Treasurer This Parliament did also repeal a former Act made against the City of Waterford and restored that City to all its ancient Liberties and Priviledges and it is probable that there was also an Act of Parliament now made for the general Resumption of all the Crown Lands that were alienated or granted away since the first year of King Henry the Sixth but none of the Acts of this Parliament are Printed except one for the cleansing of the Water-Course in St. Patrick-street in Dublin and so this Parliament being dissolved in August the Lord Deputy on the sixth of September following resigned to Robert Preston Viscount Gormanstown Lord Deputy to the Duke of Bedford who it seems had not Commission to call a Parliament nevertheless he did call one which met at Drogheda and made several Statutes which were absolutely void for the Defect aforesaid however they were expresly repeal'd by 10 Hen. 7. cap. 23. And these farther Reasons were given for it 1. That the Lord Lieutenant had surrendred his Patent before the Summons And 2. Because the Parliamentary Summons did not issue to all the Shires but to four Shires only On the Twelfth of September this Lord Deputy called several of the Nobility to Trim where they subscribed Articles for the Peace of the Kingdom viz. That no man should make War without the Deputies Consent and that several Extortions and Tributes that were used and demanded should be abrogated and suppressed and that Murderers Thieves and Vagabonds should be punished c. There were present at this Assembly Alexander Plunket L. Chancellor Girald Earl of Kildare the Bishops of Meath Kildare the Lords of Slane Delvin Killeen Houth Trimletston and Dunsany c. And they gave Recognizanse and Hostages for the observation of those Articles and after this he called the Parliament aforesaid In October the late Lord Deputy Fitz-Symons went into England to give the King a full Account as well of his own Government as of the present State of the Kingdom of Ireland and not long after viz. in November following the Earl of Kildare hearing he was impeach'd in England went also thither to justifie himself before the King but the L. Deputy leaving the Government in the Hands of his Son followed the Earl to England and by the Assistance of Sir James Ormond Lord Treasurer of Ireland he so far prevailed that Kildare's Justification was rejected and himself sent over Prisoner to Ireland to the end the Matter might be more fully examined upon the place 1494. by Sir Edward Poynings Knight of the Garter Lord Deputy whose chief Errand was to suppress the Abettors of Perkin Warbeck he came over the thirteenth of September and immediately made great Alterations amongst the Ministers of State Henry Dean Bishop of Bangor he constituted Lord Chancellor Sir Hugh Conway was appointed Treasurer Thomas Bouring was made Chief Justice of the Kings Bench as John Topcliff was of the Common Pleas and Walter Ever was made Chief Baron of the Exchequer all which were Englishmen born and good Lawyers and were sworn of the Privy Council of Ireland This Deputy brought over with him about one thousand Souldiers and resolved to invade Vlster to pursue some of Perkins's Friends that fled thither it is strange he should use the Earl of Kildare's assistance in this Expedition however together they went accompanied with Sir James Ormond who had resigned the Office of High Treasurer they did great Execution on the Irish and harass'd the Territories of O Hanlon and Mac Genis and others It was suggested That Kildare did secretly treat and conspire with O Hanlon to destroy the Lord Deputy for which he was Attainted as shall be shewn hereafter but it seems he was innocent of that Matter not only because O Hanlon cleared him upon Oath two years after but also because he was acquitted in England upon full hearing before the King Nevertheless Kildare's Brother did at this time seize on the Castle of Caterlogh whereupon the Lord Deputy was necessitated to clap up a sort of a Peace with O Hanlon and Macgenis and so having taken their Oaths and Hostages he immediately marched to Caterlogh which after ten days Siege 1494. was surrendred unto him And so in November on Monday before the Feast of St. Andrew sate that famous Parliament at Drogheda which Enacted I. That the Treasurer might appoint his under-Officers here as is used in England and shall account once a year here before the Barons of the Exchequer and such of the Council as the Lord Deputy shall appoint and the same Accounts to be certified into England and finally determined and setled there II. That no Minister of Justice viz. The Chancellor Treasurer Judges Clerk or Master of the Rolls nor any Officer Accomptant shall have their Places but during the King's Pleasure III. An Act adnulling a Prescription which Traytors and Rebels claimed in Ireland The Reason of this Act was because Richard Duke of York at his last being in Ireland did Cause an Act to be made That Ireland should be a Sanctuary for Refugees and that it should be Treason to disturb any body there by any Writ Privy Seal or other Matter from England and
grand Captain four shillings a petit Captain two shillings and an hundred Harquebusses I suppose on Horseback half at eight pence and the other half at nine pence a day makes three pound sixteen shillings and ten pence per diem and an hundred and seven pound eleven shillings and four pence per mensem and per annum 1402 04 02. Mr. Brereton's Retinue a grand Captain four shillings a Captain three shillings a petit Captain two shillings and an hundred and fifty Archers at six pence apiece is four pound four shillings per diem and one hundred and seventeen pound twelve shillings per mensem and per annum 1533 00 00. The Knight Marshal's Retinue a grand Captain four shillings and twenty nine Horsemen at nine pence a day is one Pound eight shilling per diem eleven Pound eighteen shillings per mensem and per annum 0511 00 00. Clerk of the Cheques Retinue ten Horsemen at nine pence and himself a shilling is eight shillings six pence per diem eleven Pounds eighteen shillings per mensem and per annum 0155 02 06 The Treasurers Retinue forty Horse at nine pence and himself at six shillings and eight pence per diem is per annum 0669 03 04 The Lord Deputy's Stipend is per annum 0666 13 04 Master of the Ordnance's Stipend per annum 0048 13 04 Charge of the Ordnance besides what comes out of England is per annum 0040 00 00 7982 06 08 It seems the reason why they had so little Foot was because the Lords and Gentlemen of the Country were bound by their Tenures to assist the King with a certain number of Men at every Hosting or rising out as they call it and as for the Artillery it was so contemptible that I find by one of the Letters from the Council at the Camp that the Army had but one broken Piece and therefore they desire another may be sent them But before we proceed farther in the Affairs of Ireland it will be fit to pay that respect to the Memory of the late Lord Deputy the Lord Grey as to give some Account of his Misfortunes and Destiny He had certainly performed considerable Atchievments in Ireland and great Commendations of him are contained in most of the Letters from the Council to the King and his Majesty did so well approve of his good Services that he Created him Viscount Grany and although the Earl of Ormond the Lord Chancellor Allen the Vice-Treasurer Brabazon and Sir John Travers went with him or immediately followed him into England to impeach him yet he was kindly received by the King and and carried the Sword before him on Whitsunday Nevertheless he was in a short time after imprisoned in the Tower and accused of very many Articles the principal of which are these First That O Connor feasted him and mended Toghercroghan for him and that in favour of O Molloy a Rebel he took a Castle from Dermond O Molloy whose Father-in-Law O Carol was a good Subject for which the Lord Grey had a Bribe and Stephen ap Harry had twenty Cows Secondly That he took the Castle of Bi r from a Loyal O Carol and gave it to a Rebel O Carol who married the Earl of Kildare's Daughter and also took Moderhern a Castle belonging to the Earl of Ormond and gave it to the Rebel O Carol and wasted the Earl of Ormond's Lands for which he had an hundred and forty Kine and Stephen ap Harry had forty and Girald Mac Gerrot had a black Hackny Thirdly That he took forty Kine from O Kenedy a Tenant of the Earl of Ormond's and his Son for Hostage Fourthly That he held secret and private familiar Correspondence with James of Desmond and went to visit him in his Tents in his Night-Gown and forced the Abbot of Owny to give him forty Pounds sterling to preserve that Abby from Ruine and O Brian to give him thirty Kine and Hostages Vlick Bourk a Bastard gave him 100 Marks to have Ballimacleere-Castle and to be made Mac William and that he carried the Artillery in a small Vessel to Galway and made the Town of Galway pay thirty four Pounds for that Carriage Fifthly That the Exploits at Bryans Bridge c. were in favour of O Bryan a Rebel Desmond's Son-in-Law and to the prejudice of Donough O Bryan a good Subject and that he took a Bribe of eighty Kine from Macnemarra Sixthly That trusting Desmond and O Bryan he hazarded the King's Army in a long and dangerous Journy wherein Desmond quarrelled and deserted him and O Bryan sent but one man with a Battle-Ax to guide him Seventhly That he rifled the Abby of Ballyclare and left neither Chalice Cross nor Bell in it Eighthly That he destroyed the Castles of Lecagh and Derriviclaghny in favour of Vlick Burk though the rightful Proprietor offered Submission and Rent to the King Ninthly That he had secret Conference with and received a Horse from O Connor Roe who was the chief Instrument in conveying away the young Fitz-Girald Tenthly That he took eighty Kine from O Maddin and forced O Mlaghlin's Son from Mr. Dillon whose lawful Prisoner he was for which he had seventy Kine And there was a Commission sent to Ireland to examine Witnesses and they say that these Articles were proved by the testimony of above seventy Persons whereof some were of Quality that is some of them swore to one Article and some to another so that the Lord Grey who was Son to the Marquess of Dorset and Viscount Grany in Ireland but no Peer in England being tried by a common Jury thought it his best way to confess the Indictment in hopes of the King's Grace and Pardon but in that he was mistaken and although his Services did infinitely over-balance his Faults yet he was publickly Executed on the twenty eighth day of July 1541. There are four other Articles mentioned by others Holingsh 102. to be laid to his Charge Ware 162. 1. His Partiality to his Nephew Fitz-Girald afterwards Earl of Kildare whom they say he might have taken 2. That his Servants pillaged the Gentlemen in Munster that entertained them 3. That he had inveigled Thomas Fitz Girald to submit by Promises which he had no Commission to perform and that he did it to destroy that Lord that his own Nephew might come to be Earl of Kildare as afterwards he did 4. His Sacrilege at Down But however that be it was not long after his Execution before a Commission was directed to Archbishop Brown and Cowly Master of the Rolls to make an Estimate or Survey of the Lord Grey's Estate in Ireland and to deliver it to the Lord Deputy Saintleger to be disposed of as the King shall direct Sir William Brereton 1540. Marshal of Ireland was sent by the Lord Deputy into Munster to take the Submission of James Fitz-John Earl of Desmond and to bring him to Dublin but the Marshal died at Kilkenny nevertheless the Earl on the
Title of Captain General brought over six hundred Horse and four hundred Foot whose Pay came to twelve hundred and twenty six Pound per Month viz seven hundred and seventy Pound for the Horse and four hundred fifty six Pound for the Foot and about Midsummer they landed at Waterford and being joyned by the Lord Deputy they invaded the Countries of Leix and Offaly and proclaimed O More and O Connor Traytors and having dispersed the Forces of the Rebels the Lord Deputy repaired the Fort of Dingen and built the Fort of Campaum alias Prolector now called Maryburgh whereupon O More and O connor were forced to submit and Bellingham was knighted and made Marshal of Ireland The Castle of Athloan was likewise repaired and garrisoned by Special Orders from England and the Vice-Treasurer Brabazon had the Care and management thereof and performed it effectually in spight of the great Opposition he met with from Dominick O Kelly and other Great Men of Connaught And this auspicious Year did also produce the mighty Victory which the English obtained over the Scots at Mussleburgh But as the Reformation proceeded in England 1538. so the Popish Zeal and Superstition increased in Ireland Ware 180. and the Pale it self began to be disturbed with it for Richard Fitz-Eustace and Alexander his Brother Sons of the Viscount Baltinglass were busie forming a Rebellion in the County of Kildare but the Presence of the Lord Deputy without Blows brought them to a Submissiom and stifled this Infant Conspiracy in the Cradle and it was well it did for this rebellious Distemper was very infectious and in a little time would have spread over the whole Kingdom the Lord of Baltinglass himself was a little tainted with it but by the means of Sir Edward Bellingham when Lord Deputy the Viscount was pardoned In the mean time the Lord Deputy Saintleger was sent for to England and carried with him O More and O Connor as Prisoners but upon their Submission they were received into Favour and honoured with a Pension of one hundred Pound per annum out of the Exchequer during their Lives which O More enjoyed not very long for he died within the Year suddainly at London Sir Edward Bellingham who had been sent into England with an Account of the Submission of the County of Kildare was now sent back Lord Deputy he landed at Dalkye on Whitson-Eve and two Days after he received the Sword at Christ-Church according to Custom He was a Zealous Protestant and a brave Soldier and by his means Sir John Allen was again made Lord Chancellor As soon as he was setled Davis 62. he marched into Leix and Offaly against Cahir O Connor and others that were brewing new Treasons there and forced them to submit and brought the Country to that degree of Subjection that he is said to be the first Man since Edward the third's time that enlarged the English Borders beyond the Pale and from Offaly the Lord Deputy marched to Delvin against Mac Coughlan whose Country he totally destroyed The Lord Deputy had express Orders to set up a Mint at Dublin which he did but it continued but a very little time for want of Bullion And this Year on the twenty second Day of April the City of Dublin which at first was governed by a Provost and by King Henry the Third subjected to a Mayor and Bayliffs and by Henry the Fourth was honoured with a Sword obtained their Bayliffs to be changed into Sheriffs and John Rians and Robert Eyons were the first two Sheriffs that were chosen or appointed for that City In the mean time Sir Francis Bryan who had married the Countess Dowager of Ormond and was made Marshal of Ireland and Governour of the Counties of Typerary and Kilkenny could by no means agree with the Lord Deputy their Differences grew at length to that height that Sir Francis impeached the Lord Deputy in England and prevailed to have him sent for to answer the Accusation But whilst that affair was transacting Ware 182. Teige O Carol plyed his own Business diligently and after a stout Defence he took and demolished the strong Castle of Nenagh and drove the English out of that Country In Vlster Manus O Donel quarrelled with his Son Calvagh and at length it came to Blows so that on the seventh Day of February Calvagh was routed and Manus Mac Donough O Cahan and many of his Followers were slain In the Lower Delvin Teige Mac Mlaghlin and Edmond Fahy with their united Forces did all the Mischief they could and almost totally destroyed that part of Mac Coughlans Country Nevertheless the Lord Deputy sent an Irish Brigade under the command of Donough O Conner accompanied with the Sons of Cahir O Connor to aid the King in his War against Scotland On the eighteenth of November Cormock Roe O Connor who was proclaimed Traytor came to Dublin and with Tears in his Eyes begged Pardon of the Lord Deputy and Council in Christ-Church and had it But being of a turbulent Spirit he soon after relapsed into Rebellion and being taken by the Earl of Clanrickard he was sent to Dublin and hanged so true is that Observation of Caesar Williamsons Nec gentem ullam reperies Cui peccare slere magis naturale est It is worthy Observation Holingsh 109. That though the Earl of Desmond for his Quality and vast Estate was made Lord High Treasurer yet he was not of the Privy Council nor indeed qualified to be so for he was Rude and Savage both in Apparel and Behaviour he had neither Learning nor Manners but lived after a barbarous fashion in the Country among the Wild-Irish and perhaps had not so much as a Glass-Window to his Houses and yet he was the best landed Subject in the King's Dominions About Christmas the Deputy sent for him to Dublin but he refusing the Lord Deputy himself with about twenty Horse made that haste to Munster that he took the Earl sitting by the Fire in his own House not at all suspecting that Expedition And it was well for him that he was so surprized for he was not only brought to Dublin and instructed in his Duty to his Prince and in good Manners and Civility towards his Fellow-Subjects but was also by the Lord Deputy's means pardoned and restored to the King's Favour so that he continued a good Subject ever afterwards during his Life and was so grateful to his Benefactor the Lord Deputy that he would pray for him constantly after every Meal And now it happened that the Earl of Tyrone Macguire Fylemy Roe O Neal 1549. and others referr'd all their Differences to the Lord Deputy and Council who on the twentieth day of June made their Decree wisely ordering Independency on O Neal. Therere are Copies of all these Decrees at Lambeth Lib. D. And they are to the same effect as that of Macguire's viz. Quod erit liber Ware 184. exemptus ab omni subjectione
with the Rebels with good success in one of which they took Prisoner Neal O Quin Tyrone's chief Favourite who was a butcherly sort of a Sot On the 10th of November Proclamation was made in face of Tyrone's Army That whoever brought O Neal alive should have 2000 l. and who brought his Head should have 1000 l. and then the English Army marcht to the Newry and thence to Carling-ford but in their way on the 13th of November they were attack'd briskly by the Rebels at the Pace of Carlingford Mar. 82. but the issue of the Battle was that the Enemy was routed with the loss of 200 men and in this whole Campaigne Tyrone lost 800 men and which was more his Reputation and of the English there were in this Journey about 200 slain Cambd. Eliz. 583. and 400 wounded Montjoy marcht from Carlingford to Dundalk and so to Dublin having distributed his Army into Winter-quarters where we will leave them and return to Munster On June 29. the President marcht from Limerick into Conilo to relieve Dermond O Conner who was besieg'd at Ballyalinan whereof the Rebels having notice they made an Agreement with Dermond and all joyn'd together to oppose the President However he seiz'd on the Castle of Crome which the Ward deserted and therein he found good store of Corn and other Provision and then for four or five days the Army hovered about Asketon in expectation of supplies of Victuals c. which were to come from Limerick by water and the Rebels to the number of 3000 kept very near them and sometimes within view but the Rebels had such jealousie of one another that they durst not attempt any thing and indeed William Burk and Morongh in Moe O Flaherty did July 3. by their Letters to the President offer to depart the Province for a Pass and a piece of Money Pac. hib 62. and to carry their Bonaughs with them being 2500 men But the Knight of the Glin although his Son was by himself put into the Presidents hands as a Pledge of his Loyalty was out in Rebellion and therefore on July 5. the President sat down before the Castle of Glin in the County of Limerick and although the Rebels Army being 3000 strong were within two miles of him yet he valiantly took the Castle by Assault with the slaughter of 80 Rebels It is observable that during the Siege and before the Artillery was mounted the Knight of the Glin had two Parleys with the Earl of Twomond and might have had good Conditions but he relied upon the Promises of his Confederates to raise the Siege and refused to submit The President having put 21 men under Captain Mordant in the Castle of the Glin design'd to attempt Carrigofoyle but O Connor Kerry prevented that by his submission and surrender and yet he also afterwards relaps'd when the Spaniards came In the mean time the President sent Maurice Stack with 50 men to Kerry where he surpriz'd Liscaghan-Castle burnt Adare and prey'd the Country and preserv'd himself safe till Sir Charles Wilmot came to his relief At length Dermond O Connor and the Bownaghs obtain'd leave of the President to return to Connagh but the Lord of Castlecoâ—el took no notice of their Pasport but in revenge of his two Brothers deaths whom they had slain he fell upon their rear in Clanwilliam and slew 60 of them On the 13th of July the President for want of Victuals return'd towards Limerick and in his way took the strong Castle of Corgrage by surrender and gave the Custody of it to Oliver Stevenson whose Posterity are now degenerate into meeâ— Irish He also placed 700 Foot and 75 Horse in Asketon and on the 15th he took the Castle of Rathmore by surrender and then sent 450 Foot and 50 Horse to Kilmallock and on the 16th he came to Limerick In the mean time the Rebels attempted Liscaghan Castle in Kerry to their loss of 23 Men and force not prevailing Florence Mac Carty used all his wheedling arts to terrifie or perswade the Garison to deliver it up but all in vain however the President being advis'd thereof on the 23d of July with 75 Horse and 1050 Foot set out by way of Thomond and transported his Forces over the Shenin at Carigofoyle the 28th and the 29th he sent Sir Cha. Wilmot with 600 Foot and 50 Horse into Clanmorris where he surpriz'd Lixnaw Rathowin and Tralee which was almost ruin'd by 150 Bonaughs imploy'd to that purpose whereof he slew thirty two and recovered 100 Arms and return'd to Carigfoyle on the second of August Patrick Lord of Kerry hereupon pull'd down his own Castle of Bealieu and on the 12th of August broke his heart and died the Rebels also ruin'd Castle Island and many other Fortresses because they should not be Garisons for the English But Florence Mac Carry began now to appear more openly so that he would by no means come to the President tho' twice sent for and it was rumor'd that he was projecting a Marriage between the Sugan Earl and the Lord of Muskry's Sister thereby to unite all the Cartyes who were 3000 able men to their confederacy and that he had also sent to Tyrone for assistance To prevent this the President leaves Wilmot in Kerry and returns to Cork by the way of Limerick and on the 23d of August in the way Piercy Lâ—cy offered to submit upon Conditions but the President would not capitulate with him In the mean time Captain Harvy with 70 Foot and â—4 Horse marched 21 Mile from Moyallo in pursuit of one John mac Redmond an Arch-Rebel by mistake they burnt a House in a Village belonging to the white Knight which they thought belong'd to the Rebels on discovery of the mistake the Captain offered to pay for the damage but John Fitz-Gibbon the white Knight's Son not satisfied therewith gather'd 160 Foot and 18 Horse and fell upon the English but he was forc'd to return with the loss of 60 of his Men without killing one English man and tho' the white Knight stormed a little at first yet when he knew the truth of the matter he was well satisfied however the malicious Guide that had misinform'd them was executed by the President 's Order Sir Charles Wilmot manag'd his business so well in Kerry that the Knight of Kerry and Lord of Lixnaw sued for protection which the Knight sometime after obtained and delivered up his Castle of Dingle in October following And it being certain that Florence mac Cartie had confederated with the Sugan Earl Daniel mac Cartie more was taken into protection and the Earl of Thomond was desired to govern at Asketon which he did and his Garrison soon after took the Castle of Mayn in Conilo The President had so ordered the matter that Cormock mac Dermond Cheif of Muskry became engaged for his Sister's appearance when sent for whereby the design'd Marriage with the Sugan Earl was prevented and soon after the O Mâ—ghons
the Lord Dunsany who had a Company of Kernes in the Queens Pay at Liscannon a Fort in the Brenny took a Prey of 1600 Cows from Macmahon but being pursued by 140 Men they left their Prey and ran away to the Fort in this small Skirmish about 50 of each side were slain but never a good Subject amongst them But much better did Sir Henry Dockwra behave himself in Vlster for he not only regain'd the Castle of Derry which some of his Irish Soldiers had betray'd to the Rebels but he also surpriz'd Donegal and tho' O Donel besieg'd it full thirty days using many horrible Howlings and Outcries to terrifie the Garison and altho' the Abby by accident was burnt yet did the English Soldiers manfully defend it until O Donel drew off to the Relief of Kingsale and then Sir Henry marched to Donegal by land and Edward Diggs with two Companies quartered at a place called Asherow had the good fortune to surprize and take Ballyshannon a place very much coveted by the English for the advantage of its situation On the 29th of August the Deputy came to Trim where the Privy-Council from Dublin met him Camb. Eliz. 638. to consult of Affairs in general and particularly how to deal with Tyrrel who projected an Incursion into Munster In September the Lord President receiv'd 2000 fresh Men landed at Waterford and Cork from England and thereof gave account to the Deputy whereupon Mountjoy went to Kilkenny with one Troop only on the 13th of September in order to confer with the President about the Queens Service but the President was then hindred by the noise of the Spanish Invasion but that being cooled again the President leaving Sir Charles Wilmot in Cork met the Lord Deputy at Leighlin on the 19th of September There were Posts newly erected for the more speedy conveying of Intelligence so that on the 22d of September sitting at Council in Kilkenny they received News by the Post that the Spaniards were discover'd near the Old-head of Kingsale and on the 23d another Letter from Sir Charles Wilmot was brought them signifying That they were landed at Kingsale but they were not landed when the Post came away but landed that very day being the 23th of September 1601. Hereupon the Marshal Wingfield was sent to the Pale to assemble those Forces Sept. 24. and to get what Necessaries the Council could supply the Army with and Sir Henry Danvers was sent for the Garrison of Armagh and Sir John Berkly for that of Navan and the Deputy and President rode that night to Kiltenan my Lord of Dunboyn's Castle and the 25th to Clonmel the 26th to Glannor and 27th to Cork where they found a large Magazine of Victuals preserv'd by the President 's fortunate providence against this time of great necessity Captain Slingsby 24. with his Foot-Company and some of Sir Anthony Cook 's Horse march'd to view the Enemy and entertain'd a small Skirmish with them Capt. Flower 28. with some Companies went to view the Enemy who sallied and were beaten back by the English The Deputy 29. President and Council went to view Kingsale Fortescue and Berry brought two Companies to Cork Octob. 3. The Marshal and Sir John Barkly came to Cork with more Forces 8. Danvers 10. Folliot and Blany also came and the Marshal and Berkly went to view a fit place to encamp in Proclamation against assisting the Invaders 15. and the great Cities sent some Militia to the Army The Deputy encamp'd at Owneboy 16. At Knockrobin 17. Sir John Berkly alarum'd Kingsale 19. and beat the Spaniards into their Trenches A Sally of 1000 Spaniards repell'd by 200 English 20. The Lord of Muskry and his rising on 't 21. was order'd to skirmish with the Spaniards and were effectually assisted from the Camp Capt. Button's Ship keeps the Harbour of Kingsale 22. Sir John Berkly made a successful Attack on the Spaniards 25. and beat them out of their Trenches The Camp remov'd to Spittle-hill 26. and Capt. Harvy went eight miles about over the River of Bandon and recovered a Prey from under Castlenipark The Artillery was mounted against Rincorran-Castle 29. the Spaniards attempted to relieve it by Sea but were hindred by Capt. Button's Ship The Spaniards mounted Artillery 30. which played into the Camp and did some mischief in the Lord Deputy's Quarter The Spaniards attempted with 500 men to relieve Rincorran 31. but could not though they entertain'd a smart Skirmish with the English The Castle of Rincoran was surrendered Nov. 1. Four Barks with Ammunition Victuals arrived for the English at Kingsale 5. The President with two Regiments of Foot 7. and 250 Horse march'd to intercept Tyrone he afterwards met with Saint Laurence's Regiment and tho' he was once within four miles of the Irish yet they marching 32 miles in one day were too nimble for him so that he could never engage them The President had Notice â— that the Lord of Muskry had undertaken to Don John that he would send him the President alive or dead and that all the Irish being half the Army would turn Renagadoes when a fit opportunity presented Yet he manag'd this matter so wisely that neither of them found opportunity of executing their devilish Designs The Spaniards made a resolute Sally Nov. 10. and were beaten back with loss Sir Anthony Cook 11. and Patrick Atthur landed with 2000 Foot at Waterford and some Horse Levison and Preston with 10 Ships of War 12. and 2000 Foot arrived at Cork They came into Kingsale Harbour 14. The English attempted Castlenipark ineffectually 17. Earl of Thomond with 100 Horse 18. and 1000 Foot arrived at Kingsale Harbour Castlenipark surrendred 20. and Don John's House shot thorough The Deputy went to Castlenipark 21. Four Men in the Market-place slain by the Artillery from the Camp 22. The Artillery plaid on the Town 23. and more Guns were planted at Castlenipark Also the Ships came between Castlenipark and the Town Earl of Clanrickard and his Regiment came to the Camp 25 26 And So did the President And the Spaniards made an ineffectual Sally Spent in playing the Artillery 27. Kingsale was summon'd And St. Lawrence beat the Spaniards out of their Trenches 28. The Artillery plaid with success 29. The Marshal viewed the Town 30. to find a place of Battery and made a Breach Berkly with 2000 Foot sent to view whether the Breach was assaultable Decemb. 1. and found that it was not That Night a Camp was planted near the Town on the West side of it Nine English killed ten Spaniards in the Trenches 2. and that Night the Spaniards made a furious Sally on the new Camp but were repulsed with the loss of 200 Men. News of a supply of Spaniards landed at Castlehaven 3. Sir Charles Wilmot and his Regiment
Lord President having ordered the Irish Subjects to send their Cattle to the Eastward of Cork lest the Rebels might seize on them whilst the President was at the Siege of Dunboy Mac Carty Reagh thought himself not obliged by that Order because his Cattle were safe between Killbritton and the Fort of Kingsale and it happened well for thereby Dermond Moyle Brother of Florence mac Carty a stout Rebel thinking to borrow some Cows of his Cozen Mac Carty Reagh was by inadvertency slain by those that endeavoured to rescue the Cattle to the great grief and astonishment of all the Papists who valued him as a mighty Pillar of the Catholick Cause On the 4th of June the Royalists took the Castle of Dunmanus and on the 5th there came a Spanish Ship to Ardea in Desmond and brought some Ammunition and Money which was distributed amongst the Rebels and on the 6th the President wafted his Army over to Beerhaven and defeated a Party of the Rebels and on the 12th the English took the Island of Dursyes and on the 18th the President took the strong Castle of Dunboy by Assault after the most obstinate and valiant defence that had ever been known in Ireland and not one of the Garrison being 143 select men escaped but were either slain or executed and the desperate Courage of Macgoghegan was remarkable for being shrewdly wounded in several places so that he could not stir yet when he saw the Castle was taken and the English come in he got a light Candle and raising himself from the ground in a staggering manner he endeavoured to cast it into a Barrel of Powder to blow up him and the English together The Castles of Dunboy and Littertingles being taken and demolish'd and the Castles of Downings and Lemcon being likewise taken the Lord President return'd to Cork on the 29th of June and sent part of his Forces to the Lord-Deputy by Sir Samuel Bagnall nevertheless by reason of the arrival of Owen mac Egan with Treasure and large Promises from Spain the Irish were for a while more sturdy after the Siege of Dunboy than they were before And although Sir Edward Wingfield arrived in Munster with 1000 men for Recruits yet were the Irish so cajoll'd with Spanish Promises and a little Gold that many of them relaps'd into Rebellion and particularly Donough and Finin Sons of Sir Owen Mac Carty Reagh receiv'd 300 l. of the Apostolical Vicar Mac Egan and upon the 10th of July joyned with the Rebels but Captain Roger Harvy so manag'd them that he left them never a Castle in Carbery except Kilcoe and Cloghane But whatsoever the Spaniard design'd in favour of the Irish was superseded on the News of the loss of Dunboy so that the Rebels were left to themselves and 2000 Men more were sent out of England to Munster to prosecute them effectually nevertheless they continued in hopes of Spanish assistance and could not conceal their Joy on the approach of a Fleet of Easterlings which they verily believed to be Spaniards The President had good Information upon Oath that Cormock mac Dermond Lord of Muskry had received 800 Duckets of the Spanish Money and had engag'd to declare himself on the Spaniards landing and to deliver them his strong Castle of Blarny and therefore he gave Orders to apprehend Cormock and to seize Blarny the former was easily effected but the latter could not be perform'd until Cormock being in Prison and finding his secret Combinations discovered did consent to consign the Castle of Blarny to Captain Harvy and Kilcrea to Captain Slingsby nevertheless he continued in his treasonable Designs and not only endeavoured his own escape which at last he effected but also sent his Servant John Healy to bring his Son Cormock Oge from Oxford that so there might be no Pledge of his remaining in the Custody of the English but Healy was stop'd and his Letters had been intercepted if he had not cunningly thrown them over-board Sir Charles Wilmot lay before Macrome or Mocrumpe when on the the 29th of September the Lord or Chief of Muskry made his escape and thereupon the President sent him Orders to raise the Siege the next day which he must have done but that it so happened that the Castle took fire that very Night and the Warders thought it their best course to sally out which they did and fifty of them were slain and the rest escaped to the adjacent Woods and so Wilmot 〈◊〉 a Garrison in Macrome and returned to Cork But whilst the President was preparing for a new War which he expected would be the consequence of Cormock's escape Cormock having consulted Tyrrel and O Sullevan and found their weakness and poverty and well weighing his own circumstances made humble Suit to the President for his Pardon and it was granted to him upon good reasons of State so that he made his submission in a very penitent manner on the 21st of October And the next day Sir Samuel Bagnall surprized Tyrrell's Army in Muskry and killed 80 upon the place and took all their Baggage and Money and above 1000 Cows besides Horses and Sheep whereupon Tyrrel suspecting this was done by contrivance of the Lord of Muskry wrecked his Malice upon that Country and the Inhabitants thereof and then retreated to his old lurking holes in Desmond In the mean time Carbery was quite wasted by the English Garrisons and Cloghan Castle was taken by Captain Flower and the Militia or rising out of the Country to the number of 1600 was assembled under the Lord Barry and being joyn'd by 500 of the Army under Sir George Thornton they rendezvouz'd at Dunkerran on the 27th of December whilst the President went to Galloway to meet the Lord-Deputy In the mean time Sir Charles Wilmot in Kerry had reduced the Knight of Kerry and forced Thomas Oge and Daniel O Sullevan to submission but this latter afterwards within a very few days most perfidiously butcher'd a Serjant and ten English Soldiers who not suspecting any prejudice from one that had submitted were marching after Sir Charles Wilmot towards Dunkeran at which barbarity the old O Sullevan more was exceedingly troubled The English Forces being at Dunkerran Tyrrel could not be perswaded to stay in the Province although he had received a great imprest of Spanish Money but a little before from O Sullevan Beare and was promised fifteen hundred pound to stay but three Months longer but leaving his Carriages sick Men and other incumbrances behind he march'd so fast that he hardly look'd back till he came into O Carrol's Country or the King's County which is above threescore Miles from Slevelogher On the 31st of October the English took a Prey of 2000 Sheep and 1000 Garrons from O Sullevan and the Irish who fought very smartly for their Cattel so that many were slain on either side but this loss was too great to be born and therefore it produced the submissions of Hugh mac Swiny Owen Grany and many others and
charge for Gallowglasses number and time certain viz. Meat and Drink one day in a Fortnight Soroheen more was an equivalent for the other in Quirrens of Butter and Srones of Oatmeal South alias Tax or Tallage is a Contribution towards the payment of the Lords Debts or any other extraordinary occasion vide Cuttings Stanihurst a Treatise in Latin of the Conquest of Ireland by Richard Stanihurst Sullevan the Catholick History of Ireland written in Latin anno 1621. by Philip O Sullevan Siurirupes Carig ni shure alias Carrick in Com' Typerany T. Termon-lands are Lands belonging to the Church and were priviledg'd from Taxes and it seems the Termon was the Clergy-mans Tenant or Servant Turbarii Kernes Irish Foot-Souldiers lightly arm'd Tagh of Land is 60 acres Tuethia the Territory of Mac Swiny na doo in Com' Donegall Tirconell the County of Donegall Tybrach a Castle within two miles of Carrig and not Typerary as is by mistake supposed pag 40. Trowses are Britches and Stockings made to sit as close to the Body as can be Tate is sixty Irish acres V. Vriell is the County of Louth Vallis Juncosa Slevelogher the Mountain between the Counties of Cork and Kerry W. Ware Sir James Ware 's Annals of Ireland Ware de Presul the same de praesulibus Hiberniae Ware de Antiq. the same de Antiquitatibus Hiberniae ERRATA APparatus pag. 1. read 150 of the same miles broad p. 26. read Squaleing Engine Pag. 9. line 16. read irrita p. 11. l. 24. r. Birne p. 13. l. 11. r. next day p. 18. l. 41. r. inheritance p. 20. l. 28. r. Army was p. 23. l. 7. r. Tuam p. 27. l. 35. r. extirpate p. 37. l. ult r. and he without delay p. 44. l. 33. r. extraordinary p. 52. l. 44. r. Combatants l. 46. r. Nor the strong p. 57. l. 2. r. beholding to Ireland p. 63. l. 3. r. fideli p. 69. l. 38. r. Carbry p. 73. l. 46. r. and tho' the Britton had p. 109 l. 23. r. by methods p. 111. l. 20. r. Lucy p. 117. l. 7. r. and the King by his Patent p. 121. l. 17. r. Custodium p. 129. l. 5. r. and wounded the Earl p. 153. l. 34. r. Athy p. 157. l. 34. r. Heir Male p. 183. l. 21. r. Xeesh p. 190. l. 15. r. from his Journey p. 200. l. 16. r. in the world p. 208. l. 16. r. Clogher p. 211. l. 39. r. blows p 213. l. 19 r. repostum l. 42. r. James p. 234. l. 8. r. sixteen hundred p. 260. l. 9. r. quieted p. 261. l. 1. r. Finin O Driscoll l. 37. r. at four p. 271. l 40. r. if they prove p. 321. l. 43. r. 1565. p. 324. l. 5. r. Alexander Oge p. 325. l. 3. r. by Affane p. 329. l. 13. r. offenders in Parliament p. 367. l. 43. r. Thomas Butler alias Becket p. 368. l. 18 r. combat p. 370. l. 8. r. at wars p. 399 l. 30 r. aspersions p. 417. l. 20. r. gap p. 418. l. 19. r. root p 420. l 8 r. at loose fight p. 421. l. 15. r. O Birnes p 422. l. 9. r. figary l. 31. r. he deposed p. 425. l. 30 r. Barret l. 44. r. hereupon p. 426. l. 32. r. disown'd a Truce I do hereby License a Book written by Mr. Richard Cox intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland to be Printed and Published Given at the Court at Whitehall the 18 th day of February 1689-90 Shrewsbury Let this Book intituled HIBERNIA ANGLICANA or The Second Part of the History of Ireland be Printed Nottingham Febr. 18. 1689-â—â— HIBERNIA ANGLICANA OR THE SECOND PART OF THE HISTORY OF IRELAND From the CONQUEST Thereof by the ENGLISH To this Present Time By the Author of the First Part. ΕΙΚΩΠΒΑΣΙΛΙΚΗ 61. Indeed that Sea of Blood which hath been cruelly and barbarously shed in Ireland is enough to drown any Man in eternal both Infamy and Misery whom God shall find the malicious Author or Instigator of its Effusion Earl of Clarendon against Cressy 71. Was not the Rebellion begun and carried on by the King's Roman Catholick Subjects Was there one Man but Catholicks that concurr'd in it And did they pretend any other Cause for it but Religion In the SAVOY Printed by Edward Jones for Joseph Watts at the Angel in St. Paul's Church-yard Matthew Gillyflower in Westminster-hall Charles Harper in Fleet-street and Samuel Crouch in Cornhill MDCXC TO THE KINGS Most Excellent MAJESTY GREAT SIR IT is noted by the Lord Bacon in the Life of the Wise and Victorious Prince King Henry the Seventh That it was his Custom to be First or Second in all his Warlike Exploits and that it was his Saying when he heard of Rebels That he desir'd but to see them What Your Majesty has lately published to the Two Houses of Parliament is of the same Spirit and Policy But This is not the only Parallel between Your Majesty and that Great King for He also came from Abroad yet with this Distinction that His Coming was only to assert his Particular Claim whereas the Coming of Your Majesty was of Vniversal Concern it being to free us all who were at the Brink of Idolatry and Bondage To whom then GREAT SIR should I Dedicate this Second Part of the History of Ireland but to Your Majesty who now Dedicates Your Self to the Redemption of Ireland and being thus far in Possession of the Subject I am already preparing to Record all Your Majesty's Glorious Atchievements and am in certain expectation of a greater Theme than ever that Kingdom could hitherto boast 'T is true Your Majesty hath herein the Power of Two Kings to Oppose but 't is no ill Symptom that by what you have already done the One of them has been constrained to send his Plate and the Other his Cannon to the Mint Nor ought we to think better of Irish Armies or Irish Courage than is thought by those who judge Both well paid for when but rewarded with Copper 'T is certain The Bulk of that Nation are already surfeited with the Stratagem of that Imaginary Coin they feel the Fruits of contending for a French Interest by the Slaughter Sickness and Defolation of the Year past so that 't is possible Humane Nature may at length be too hard for the Priest and the Politician too and that when by Your Majesty's Presence they behold their Ruin at hand they may give more Exercise to Your Mercy than to Your Sword It was truly observed by Your Majesty in Your late Gracious Speech That in the speedy Recovery of Ireland the Place and Honor of England did consist and that hereby alone Taxes could cease So that as Your Majesty is now willing to expose Your Person for those Great Ends 't is not to be feared but the Nation will second Your Majesty with such Royal Supplies as may make it a short and not a lingring Work for not only in This but
Iblid 5 6. says Fryar Paul King and yet Mr. Beling Confesses that even the Regulars In omnibus fere Regni locis Libere quiete pacifice possidebant mansionibus They really had less cause to Rebel in 1641 than at any time before they never had greater indulgence than at that time and several new Graces and Favours were but the August before condescended unto them As for the intercepted Letters they could never shew any that were Authentick nor indeed any at all and if the Forgery of a Lye or the intercepting of a Letter perhaps written for that purpose by one of themselves is in their Opinion a sufficient excuse for so general and so inhumane a Rebellion how much does it import the Government to take care that they shall never be able to Rebel any more But could they really be afraid that it was a Puritanical War when they saw it managed by the Marquiss of Ormond from the very beginning or if their Jealousie of the Puritans was Earlier and the Motive to their Insurrection why then did they fall upon the Bishops and their Clergy and Murder the conformable Protestants And as for their Extirpation it was far from being designed or any thing like it in his Majesties Reign and in Truth is so contrary to the Nature of an English Man that we find that when the Parliament had subdued them and brought the whole Irish Nation under their Power and tho' they were provoked by this barbarous Rebellion and a Ten years War yet they did not extirpate them nor indeed lessen their number to that degree that in Prudence they ought to have done for the security of the English and to prevent their Expulsion out of that Kingdom a second time But it is necessary to observe that most of the things they offer to justifie or excuse this premeditated Rebellion were ex post facto and happened after the Rebellion broke out to which they had no regard in their first Conspiracy which the Earl of Castlehaven assures us Review 22. was laid partly at home and partly abroad several years before the Troubles either of England or Scotland began The next Objection is The Fourth Question That there were great Cruelties and many Murthers committed on both sides and that some English gave Orders not to spare Man Review 29. Woman nor Child in the Enemies Quarters and that the Irish desired the Murtherers on both sides might be punished and they desire you to Read R. S. his Collection of Murthers To which I Answer That if the Assertion were true yet it must be considered that what the British did was in time of War in the greatest Passion and upon the highest Provocation that could be and it is not strange that Men whose Substance was plundered and whose Relations were murdered should whilst the Anguish was upon them be intemperate in their revenge if the Irish could murder so many upon causeless and pretended Fears and Jealousies in a time of Peace why should they object some few Excesses in a just revenge for real Injuries in a time of War And indeed the Irish being the first Aggressors are answerable even for the severity they occasioned upon themselves but there is no need of farther arguing if a difference be not made between Execution in War and Murder in cold Blood and in time of Peace But 't is said they did consent the Murderers on both sides should be punished but who should be the Judges No others but an Irish Parliament of their own choosing which they knew would condemn the most Innocent Protestant and acquit the most Criminal Papist besides though it be no evidence to a Court that I left 500 persons behind me in such a Parish and that none of them can since be found or heard of and I believe were all murdered This I say is no Evidence against A. B. and yet it would satisfy any impartial Hearer that these persons came to untimely Ends and by the means of those in whose power they were so that the makers of the Act of Settlement had good reason to say That the Rapines Depredations and Massacres committed by the Irish and Popish Rebels and Enemies were not only well known to that Parliament but are notorious to the whole World Irish Stat. 502. not withstanding the many Means and Artifices which for many years together have been used to Murder such Witnesses Suppress such Evidences and also to Vitiate and Imbezil such Records and Testimonies as might prove the same against particular Persons And as to R. S. his Collection of Murders it is a mere heap of Forgeries designed only to make a noise he begins with the aforesaid Story of the Massacre in the Isle of Magee which he says was the first in Ireland though really it was subsequent to many hundreds of Murders committed by the Irish on the 23d of October and thenceforward he will not allow the Lord Mayo nor Lady Roch to be guilty though they were Condemned and Executed after a fair Tryal on full Evidence he falsly brags That there were no Murders in the County of Cork but I have mentioned some and given the reason why there were none published viz. The Murder of Archdeacon Byss who had the account of them Finally he says that 238 Irish were murdered in Cloghinkilty and 88 ty'd back to back and drown'd in Bandon And because I have for some years lived in both those Towns I can assure the Reader That the first is no more than what I have related page 113. saving that perhaps there might be some Women and Children in the number I there mention and the second is utterly false as I am credibly informed from several ancient Inhabitants of that Town The next Question is The Fifth Question Whether the King Countenanced or Commissioned the Irish Rebellion because the Irish Clergy assured the People he did and Sir Phelim O Neale shewed the Original Commission to several The Supreme Council favoured this Report by pretending to act for His Majesty's Service and by alledging That the Support of His Prerogative was the chief Motive of their Insurrection and their Generals Owen Roe and Preston did in effect avouch it by summoning Castles and Garisons in His Majesty's Name to Surrender to them to the use of His Majesty and particularly Preston did so at Castlejordan and Duncannon Moreover the Irish called themselves The Queen's Army and the King sent but 40 Proclamations against them and the Lord of Antrim's Information Appendix 49. and King Charles the Second's Letter to restore that Lord because what he did was by the King's Order do create abundance of Suspicion in this particular To which I answer That the King was altogether innocent in this matter and first I must premise That they who abett this Objection do greater Service to the Irish than they are aware of for if the King Commissioned them there could be no Rebellion they might be
and other the Contents of their Petition His Majesty replyed It needed not any more than to prove the Sun shines when we see it The next Objection is The Eight Question That the Lords of the Pale and the Earl of Castlehaven in particular were necessitated for their own safety to joyn with the Rebels Vindiciae Catholicâ—â—â— 3. finding no Protection from the Government for the Lords Justices might easily have suppressed the Insurrection at first but they desired it might encrease that so there might be more Forfeitures But this is Gratis dictum and without Foundation as appears not only by the Commissions and Arms given to several Lords of the Pale which they perfidiously abused to the prejudice of the State Temple 33. and by the Lords Justices design to Arm all those of the Pale if need were but also by the very instance of the Earl of Castlehaven for tho' the Lords of the Pale went into Rebellion the Second of December yet he lived quietly at his House at Madingston many Months afterwards as himself Confesses and 't is certainly true that even he and the Marquiss of Antrim who was at his house came down to the English Army near Killcullen in March after to visit the Earl of O rmond and was kindly received by him and some few days afterwards being Victorious at the Battel of Killrush Castlehaven treated him at Madingston and mutual Civilities passed between them And about the same time he had such Correspondence with the State that he took upon him to intercede for the Lords of Gormanstown Slane and others so that he might have been safe enough if he pleased and was not under any necessity to go out into Rebellion as he afterwards did And tho' I believe that this Lord was not in the first Conspiracy yet it will appear by what has been said in the Answer to the former Objection that most of the other Lords of the Pale were nor indeed could the Irish have undertaken the Rebellion without them for they were not able to carry on the War by themselves P. W. Remonstrance 595. without the Assistance of the Old English for as Peter Welsh very well observes It is well known that the Irish never signified any thing considerable in any of their Vndertakings and had been presently crushed in this if the English Colonies had not joyned with and supported them But whoever frames an Idea of those times in his own thoughts and reads the passionate Letters of the State for Succours cannot conceive any thing so ridiculous as that the Lords Justices delighted in those sad Spectacles of misery which daily flocked to Dublin or in the report of the most barbarous Inhumanities every day committed on their Friends and Country men but above all the continual Danger they were in themselves and their disadvantage and loss by the Rebellion do sufficiently vindicate them from endeavouring to make this Rebellion more general and formidable than really it was But what did the Lords Justices get by this Rebellion or did they Act or send any dispatch without the Council or did they not importune Aid from England even to the degree of being troublesome or did they not ask enough to make a speedy end of the War or had they a Free-hold in their Places or an unconroulable Power while they held them or what solid Foundation is there for all the Clamour that the Irish have made in this Case against the Lords Justces The Ninth Question The Ninth Question will be whether King Charles II. upon his Restoration stood obliged by the Articles of the Peace made Anno 1646. or the other Peace made Anno 1648. because the Lords Muskery Taaf and others did not faulter in their Allegiance from that time forward and therefore could not forfeit the benefit of those Articles To which I Answer That the Peace of 1646 cannot come in Dispute not only because the Congregation of the Popish Clergy at Waterford did publickly declare against it and Limerick Waterford and Clonmel c. never received it and the Irish Armies perfidiously broke it by indeavouring treacherously to intercept the Lord Lieutenant near Kilkenny and afterwards actually besieging him in Dublin but also because the general Assembly the proper Representative of their Party and Nation did publickly disown and reject that Peace by their Declaration recited Appendix 36. And as for the Peace of 1648. it was made with a Society or a Confederate Body and not with particular Persons and if that Society hath no Right to the benefits of that Peace it is certain that no particular Person can have any because his Claim and Title to it is as he is a Member of that Body Politick and his Case is the same with that of an innocent Freeman in a Corporation whose Charter is forfeited However this Body Politick or Imaginary is composed of particular Men and may forfeit its whole Right by the fault of some of its Members for malum ex quocunque defectu but if the greater part be Guilty there can be no ground for a doubâ— This being Premised it appears by the 29th Article That the Confedrates and their Garisons Towns and Forts were to be Commanded Ruled and Governed in chief upon occasion of necessity as to Martial and Military Affairs by such as the Lord Lieutenant should appoint But this Clause of that Article of the Peace was entirely violated by the Towns of Wexford Ross Waterford Clonmel Limerick and Galway even to the degree of depriving his Majesty of all the benefits and advantages he expected from this Peace and at length to the loss of the whole Kingdom Secondly Those Towns were to be restored to his Majesty whenever the Articles of the Peace were performed on his Part but the Confederates by their own Fault and their own Act gave them up especially Limerick and Galway to the Kings Enemies These were the Jewels his Majesty bought so very dear and yet the Confederates are so unreasonable to expect the Price without delivering the thing contracted for And if they Reply That those Towns were forced from them and without their fault yet that if true as it is not would not Entitle them to the benefits of the Peace For if a Man sell Land and it be evicted from him before he delivers Possession no Body will say he has Right to have the Purchase-Money from the Buyer and yet that is a parallel Case Nor have the Confederates the least Spark of Equity on their side because they might have surrendred the Towns to their King and ought to have done so but they neither did that nor submitted to his Authority as far as they had promised and therefore since they did take upon them to keep these Towns it is certainly at their Peril if they lose them Thirdly They did dissolve and renounce this Peace and the Kings Authority which is the first and chiefest Article tho' placed by way of Introduction for the
Twenty six before they came to Ireland and Fifty one in Ireland whereof Twenty four were Monarchs and Thirty three in Scotland and so succeeded by Hereditary Right from his Illustrious Irish Ancestors Now I say that they have gotten such a Rightful Hereditary King Analecta Hiberniae the Reader must not expect to hear of any more Irish Rebellions but on the contrary that their peaceable and Loyal Deportment will distinguish between Rightful and Usurping Princes Consanguinei Regis analecta Hib. 208. and that now theâ—â— own Kindred is restored to them we may expect to find that they will take pleasure and delight and a conscionable Pride as they phrase it to be Ruled and Commanded by their own Relations Ib. 276. Germen Hibernorum spes seminis jubar sanguinis and that their great Endeavours for the Kings of England of that Line to whom they are tyed by the Bond of * Cui obligati sumus vinculo sanguinis Consanguinity will be the Work of a Simpathy of Blood if there be any Truth in the Reports or Flatteries of the late Irish Historians or in the Speech of the present Recorder of Kilkâ—nny But alas these thin Pretences which in Ireland are thought Stratagems are easily seen through in England where it is believed that there is something more Criminal in Heresie then can be expiated by Extraction and therefore they expect that the Royal Family of the Stuarts whilst it continues Protestant must have their share of opposition and disturbance even from their own Irish Country-men and with as malicious Circumstances as any other Protestant Princes have had and how far they were in the right of it is Summarily related in my Epistle to the Reader but shall here be more at large explained JAMES VI. King of Scotland 1602. Succeeded the Deceased Queen Elizabeth on the Throne of England by unquestionable Right Ir. Stat. 2. Jac. 1. cap. 1. I say unquestionable notwithstanding the Book published against his Title and Right of Succession by Parsons the Jesuit under the name of Doleâ—an for the material Allegations of that Author are notoriously false and which is worse himself knew that they were so as Peter Walsh hath assured us Letter to the Bishop of Lincoln p. 212. and it is manifest to all the World that the King was the only Son of Mary Queen of Scots Daughter of King James the Fifth Son of James the Fourth by Margaret his Wife who was the eldest Daughter of Henry the Seventh by Elizabeth Heiress of the House of York and so was Heir to both the Families of York and Lancaster And was therefore Proclaimed King without any opposition Secretary Cecill himself reading his Title as also Queen Elizabeth's Will at Whitehall Gate on the 24th day of March 1602. And as to Ireland CHARLES Lord MOUNTJOY continued Lord Deputy 1603. and was afterwards made Lord Lieutenant of that Kingdom and having received Letters from the Council of England with a Proclamation of the new King he first Signed the Proclamation and all the Council did the like in Order and then with great Solemnity they published and proclaimed the same in Dublin on the Fifth of April and about the same time he received kind and gracious Letters from the King then in Scotland by one Mr. Leigh whom therefore the Lord Deputy Knighted The Earl of Tyrone who was brought to Dublin in Company with the Lord Deputy on the 4th day of April could not refrain from Tears on the News of Queen Elizabeths Death nor can we blame him for it for besides the unsecurity of the Pardon or Protection he relyed on being derived from a Princess that was Dead and an Authority that was determined before it was executed He had also lost the best opportunity in the World either of continuing the War with advantage or of making a profitable and meritorious Submission to the new King nor did he want Pretences and Circumstances that would have made his free Submission highly valuable and exceeding honourable however since he had missed the Season of doing better he thought it prudent to do the best for himself that his Circumstances would permit and to secure the Protection and Estate that were promised him and accordingly the 6th day of April the Lord Deputy did not only renew his Protection in King James his Name but soon after gave him Liberty to return to Ulster to settle his Concerns but first the Earl put in his Hostages and also renewed his Submission in a set Form of Words wherein he abjured all foreign Power and Jurisdiction in general Morison 279. and the King of Spain's in particular and renounced the Vraights of Ulster and the name of O Neal and all his Lands except such as should be granted to him by the King and he promised future Obedience and to discover his Correspondence with the Spaniard And at the same time he wrote to Spain for his Son Henry but without effect for he was afterwards found strangled at Brussels no Body knows how and on the 15 th day of April O Rourk in like manner by his Letters humbly offer'd to submit to his Majesties mercy which Offer was accepted These Great men having thus submitted and the Kingdom but especially Ulster being so wasted and destroyed that the Famine encreased to the degree of eating one another as I have already mentioned in my former Part. And the number of the Irish being exceedingly lessened by their many tedious and obstinate Rebellions and those that remain'd except Cities and Towns being so poor that the very estated Men had not wherewithal to stock or cultivate their Land nor had any improvements left upon their Estates Bello peste inedia fatigati Analecta Hib. 207. except perhaps a dismal Castle and a few pittiful Cabins One might expect that this miserable Condition which required a long interval of Rest and Peace to amend it would oblige these People to live peaceably and Loyally under this new King of their own Lineage And perhaps it might have done so if the Universities of Salamanca and Validolid had not about this time sent over their Determination of that knotty Point that Vexata Questio Whether an Irish Papist may obey or assist his Protestant King Which they resolved in the Negative by two Assertions Sullevan's Cath. History 203. 1. That since the Earl of Tyrone undertook the War for Religion and by the Pope's Approbation it was as meritorious to aid him against the Hereticks as to fight against the Turks And 2. That it was mortal Sin any ways to assist the English against him and that those that did so can neither have Absolution nor Salvation without deserting the Hereticks and repenting for so great a Crime But this New Declaration of two such famous Universities and the Impatience of their busie Priests set them a madding again so that they wanted nothing but Power to make a more general and formidable
Displeasure resolv'd to send them into Ireland and therefore a Commission under the Great Seal of England was directed to Sir Dudly Digs Rushworth 55. Sir Thomas Crew Sir Nathaniel Rich and Sir James Perrot and others to inquire of sundry Matters concerning his Majesties Service in Ireland as well in Point of Government Ecclesiastical and Civil as of Revenue and to inspect the State of the Kingdom and propagate Religion settle the Government and improve the Exchequer The Pretence of this Commission was the many Complaints of the Irish against the Lord Deputy not that there was any just occasion for those Accusations but that it is always their Custom to complain of any Governour That is a good Protestant and a good Englishman as this Lord Deputy was in perfection and is therefore to the last Degree hated and scandaliz'd by the Irish Papists and it is no wonder it should be so for their Interests are Diametrically opposite to that of an English Protestant and therefore it does necessarily follow that whoever Is faithful to the English will be odious to the Irish and subject to their Clamours and Contempts However the Lord Deputy was not wanting to his own Vindication and therefore wrote to the King that he met a Cloud of malicious Enemies instead of good Subjects and that even some of the Privy Council were Spies upon him and took occasions to lessen him tho' they had no other Provocation for doing so but his Examination of a certain Patent according to his Majesties special Order and his righting the Church against their Depredations And tho' the King in Answer August 1621. assur'd him That his Reputation stood without blemish and that his Majesty had sent him some Propositions which he was ordered to observe yet the Deputies Enemies not only prevail'd to have the aforesaid Commission of inspection issued but having gain'd that Point they urged that the Commission could not have any considerable Effect whilst the Lord Deputy continued in the Government and therefore procured that a Successor should be nam'd and that being also accomplish'd in the Choice of the Lord Viscount Falkland The Lords of the Council on 25th of January did advise the King by Letter to re-call the Lord Deputy immediately and to appoint Justices till the new Deputy could go over but the King from Nâ—wmarket on the 28th of January Answers That it were dishonourable to serve one in that eminent Station so unkindly without a Crime and that the new Deputy will be there before the Commissioners can be ready to enter on Business and with his own Hand adds this Postscript It was never wont to be my Fashion to disgrace any Ancient Minister of mine before he were heard To this the Lords of the Council on the Tenth of February reply That they design no Disgrace to the Lord Deputy nor do propose but what is usual and what was done on the removal of the Lord Chichester The King answer'd again That it was so done in the Case of the Lord Chichester because he had not resolv'd who should be the Successor However the Lords of the Council prevail'd and tho' the Lord Deputy did on the Ninth of February 1621. write to the Duke of Buckingham That he is content Publick Proclamation should be made That if he had done any wrong he might suffer for it so confident he was of his Innocency yet he suspected the Design of the intended Commission was to scandalize him and to that end the Commissioners were partial and therefore desires that iâ— the Bent of that Commission be against him then indifferent Men should be employ'd and if only Publick Good were design'd by it that then he might be one of the Commissioners yet he could not prevail in any of his Requests but was in May following remov'd tho' he was afterwards found not only Innocent but so deserving that he was soon after his Return created Viscount Grandison of Limbrick in Ireland Baron Trogose of Highworth in England Lord High Treasurer of Ireland and Privy-Counsellor of both Kingdoms ADAM LOFTUS Viscount ELY 1622. Lord Chancellor RICHARD WINGFIELD Viscount POWERSCOURT were sworn Lords Justices on the Fourth day of May and soon after received a Letter of the 29th of May from his Majesty ordering them to allow the new Lord Deputy Falkland his full Entertainment and all Perquisits c. from the day the Lord Grandison surrendred the Sword abating thereout for themselves at the Rate of 2000 l. per Annum for the time till he receives the Sword and that the House and Grounds of Kilmainham and the Port Corn be likewise reserved for the New Lord Deputy And it seems that these Lords Justices had seised the Lord Grandison's Papers after his removal for on the Eighteenth of June the King sent them a Letter to restore the Papers to that Lord's Servants and another Letter of the Twenty fourth of October was sent to the new Deputy to pay the Lord Grandison 230 l. for the Charges of his Voyage to England And on the 24th of July the King reciting That by a former Patent of the Second of November 1620. he had granted unto Sir William Irwing Two third parts of the forfeited Recognizances of Alehouse-keepers which his Majesty did intend to resume he therefore orders the Lords Justices to accept of Sir William's Surrender and in lieu thereof and for his Services to grant him the Fifth part of all the Profit of Ale-Licences for Twenty one Years commencing from the making of the Act of State for paying Three shillings six pence for every Licence But these Commissioners that went to Ireland were very busie in inquiring into the Misgovernment that was so loudly and bitterly complain'd of but they found by experience Rushw 17â— that too many of the Irish will complain without Cause However they publish'd new Instructions in print for the more orderly Government of the Courts of Justice and did declare That for the future the Council-Table should not administer an Oath in Matters of Interest or Title or in Complaints between Party and Party but should keep it self within its proper Bounds and afterwards November 7. 1625. a Proclamation was published to the same Effect These Commissioners did also make an Estimate of the Revenue and thought that it might be improved to 17067 l. 6 s. 8 d. more than it was in Harps i.e. Nine-pence pieces stamped with a Harp on one side which passed for a Shilling in Ireland so that Twenty shillings Irish was but Fifteen shillings Sterling but how much they were mistaken in their Computation will appear by a Table of their Estimate and an Account how the Revenue stood Anno 1632. 1622. 1632. First They supposed that the Officers of the Presidency might be paid out of the Profits of their respective Courts and so there would be saved per Annum 2657 l. 6 s. 8 d. But the Profits of those Courts do not amount to near that Sum and whatever they
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
Lord Deputy He was sworn on the Third of April and was an intimate Friend of the Lord Lieutenants and was suspected to have imployed Agents to raze out of the Journal-Book of the House of Commons some Instructions that were agreed upon by that House for a Committee to Impeach the Earl of Strafford but it is certain he did what he could to hinder that Committee from going to England And besides Persuasions Rushw 469. he proceeded to forbid them that voyage upon their Allegiance Nevertheless they all got away privately some from one Port and some from another and came safely to England This Committe were the Lords Gormanstowne Killmallock Costilo and Baltinglass for the Upper House Nicholas Plunket Sir Robert Digby Richard Fitz-Gerrald and Nicholas Barnwall for Leinster Sir Hardress Waller John Welsh Sir Donough mac Cartby for Munster Robert Linch Geoffry Browne and Thomas Burk for Connught and Sir William Cole and Sir James Mountgomery for Ulster and they carried with them a Remonstrance from the Irish Parliament against the Earl of Strafford whom they prosecuted effectually and were under-hand so to do by the Discontented part of the Parliament of England And because this Remonstrance contains a great part of the History of those Times I have thought necessary to add it in haec verba To the Right Honourable the Lord Deputy The Humble and Just Remonstrance of the Knights Citizens and Burgesses of the Parliament Assembled SHEWING THat in all Ages since the happy Subjection of this Kingdom to the Imperial Crown of England Rushw 11. it was and is a Principal Study and Princely Care of His Majesty and His Noble Progenitors Kings and Queens of England and Ireland to the vast Expence of Treasure and Blood that their Loyal and Dutiful People of this Land of Ireland being now for the most part derived from British Ancestors should be Governed according to the Municipal and Fundamental Laws of England that the Statute of Magna Charta or the Great Charter of the Liberties of England and other Laudable Laws and Statutes were in several Parliaments here Enacted and Declared that by the means thereof and of the most prudent and benign Government of His Majesty and His Royal Progenitors this Kingdom was until of late in its growth a flourishing Estate whereby the said People were heretofore enabled to answer their humble and natural Desires 〈◊〉 comply with His Majesty's Princely and Royal Occasions by their Free Gift of One hundred and fifty thousand pounds Sterling and likewise by another Free Gift of One hundred and twenty thousand pounds more during the Government of the Lord Viscount Faulkland and after by the Gift of Forty thousand pounds and their free and chearful Gift of Six intire Subsidies in the Tenth Year of His Majesty's Reign which to comply with His Majesty 's then Occasions signified to the them House of Commons they did allow should amount in the Collections unto Two hundred and Fifty thousand pounds although as they confidently believe if the Subsidies had been Levied in a moderate Parliamentary way they would not have amounted to much more than half the Sum aforesaid besides the Four intire Subsides granted in this present Parliament So it is may it please Your Lordship by the occasion of the ensuing and other Grievances and Innovations though to His Majesty no considerable Profit this Kingdom is reduced to that extream and universal Poverty that the same is lesâ— able to pay Subsidies than it was heretofore to satisfie all the before-recited great Payments And His Majesty's most Faithful People of the Land do conceive great Fears that the said Grievances and Consequences thereof may be hereafter drawn into Precedents to be perpetuated upon their Posterity which in their great Hopes and strong Beliefs they are persuaded is contrary to His Royal and Princely Intention towards His said People Some of which said Grievances are as followeth I. The general apparent Decay of Trades occasioned by the new and illegal raising of the Book of Rates and Impositions upon Native and other Commodities exported and imported by reason whereof and of extreme Usage and Censures Merchants are beggar'd and both disenabled and discouraged to Trade and some of the Honourable Persons who gain thereby are often Judges and Parties and that in the conclusion His Majesty's Profit thereby is not considerably advanced II. The Arbitrary Decision of all Civil Causes and Controversies by Paper Petitions before the Lord Lieutenant and Lord Deputy and infinite other Judicatories upon Reference from them derived in the nature of all Actions determinable at the Common Law not limited into certain Time Cause Season or Thing whatsoever and the Consequences of such Proceedings by receiving immoderate and unlawful Fees by Secretaries Clerks Pursuivants Serjeants at Arms and otherwise by which kind of Proceedings His Majesty loseth a great part of His Revenue upon Original Writs and otherwise and the Subject loseth the Benefit of his Writ of Error Bill of Reversâ—l Vouchers and other legal and just Advantages and the ordinary Course and Courts of Justice declined III. The Proceedings in Civil Causes at Council-board contrary to the Law and Great Charter not limited to any certain Time or Season IV. That the Subject is in all the Material Parts thereof denied the Benefit of the Princely Graces and more especially of the Statute of Limitations of 24 Jac. granted by His Majesty in the Fourth Year of His Reign upon great Advice of the Councils of England and Ireland and for great Consideration and then published in all the Courts of Dublin and in all the Counties of this Kingdom in open Assizes whereby all Persons do take notice that contrary to His Majesty's Pious Intentions His Subjects of this Land have not enjoyed the Benefit of His Majesty ' Princely Promise thereby made V. The Extrajudicial Avoiding of Letters Patents of Estates of a very great part of His Majesty's Subjects under the Great Seal the Publick Faith 〈◊〉 the Kingdom by Private Opinions delivered at the Council-board without Legal Evictions of their Estates contrary to Law and without Precedent or Example of any former Age. VI. The Proclamation for the Sole Emption and Uttering of Tobacco which is bought at very low Rates and uttered at high and excessive Rates by means whereof thousands of Families within this Kingdom and of His Majesty's Subjects in several Islands and other Parts of the West-Indies as your Petitioners are informed are destroyed and the most part of the Coin of this Kingdom is engrossed into particular Hands insomuch that your Petitioners do conceive that the Profit arising and engrossed thereby doth surmount His Majesty's Revenue Certain or Casual within this Kingdom and yet His Majesty receiveth but very little Profit by the same VII The universal and unlawful Encreasing of Monopolies to the Advantage of a Few the Disprofit of His Majesty and Impoverishment of His People VIII And the extreme cruel Usage of certain late Commissioners and
hurt his Kinsman had given the Lord Deputies Foot Perhaps it was done in revenge of that Affront my Lord Deputy did me publickly but I have a Brother would not have taken such a Revenge and the like Sentence was given against Thomas Dennit who was executed thereupon To this the Earl Answers That he was General of the Army and had Power of Martial Law which is usual in Ireland and the Lord Mountnorris was an Officer in the standing Army and by those mutinous Words had transgressed the Thirteenth and the Twenty first Articles of War That he was not a Judge of it but the Council of War were the Judges that the Lord Mountnorris suffered nothing but a short Imprisonment and was told at that time by the Earl that he should not suffer according to the Sentence and as for Dennit he had stoln a quarter of Beef and also ran away from his Colours which is Felony in Ireland and it was at a time when a Regiment was imbarking for England The Sixth Article is That on a Paper Petition without legal Proceedings he caus'd the Lord Mountnorris to be dispossessed of Land that he had enjoy'd quietly Eighteen years To this the Earl says That that sort of Proceeding was usual in Ireland and he had a positive Order for it except in special Cases by the King's Letter 5th October 9 Car. 1. that Three of the Judges assisted him in the Tryal and that the Judgment was very just The Eight Article was That he imprison'd the Lord Chancellor Loftus for not obeying his Decree on a Paper Petition and also imprison'd him for not giving up the Great Seal and also imprison'd the Earl of Kildare for not submitting his Title to Castle-Ley to the Lord Deputies Pleasure and that contrary to the Major Vote of the Council He caused an Order of Council-board to be made against the Widow Hibbott and threatened to Fine her so high if she had disobeyed it that she was thereby forced to quit her Lands which are since conveyed to the use of the Earl but it seems the Imprisonment of the Lord Chancellor and the Earl of Kildare was by the Kings Order and so the Managers insisted only on that of Hibbotts To which the Earl Answer'd That it was a Case of Fraud and Oppression and that the Council-board in Ireland had Jurisdiction in such Cases and that the Major Vote was against her and denies the Lands were conveyed to his use The Ninth Article was That he gave Warrants to the Bishop of Down and Connor and others of their Officers to Arrest and Imprison such of the poorer sort as refuse to appear upon their Summons or disobey their Sentences until they give security to shew cause at the Council-Table for such Contempt To which he Answers That such Warrants were formerly used and even at the desire of the Papists to save the Charge of the Writ de Excommunicato capiendo that he never Granted but this one and finding it abus'd he soon call'd it in again The Tenth Article was That he procured the Customs to be Farmed to his own use and advanced the Book of Rates on Native Commodities to excessive Prizes as every Hide at 20 s. a Stone of Wooll at 13 s. 4 d. c. whereby the Custom that should be but the 20th became the Third or Fourth part of the true value of the Commodity and there is a Clause in the Grant That it should be good tho' an Act of Parliament should be made against it To this the Earl Answers That the Book of Rates was advanced before his Farm that it was so moderate that the King sent a Letter 1637. to raise it higher which he oppos'd that he was drawn into the Farm by the Kings Command and the Lord Portlands importunity and that the King had â— of the Profit of it and that Trade is exceedingly increased since his coming to the Government And the Matter of Fact prov'd to be thus the Customs of Ireland were 16 Jac. 1. demised to the Duke of Buckingham for Ten years at 6000 l. per Annum and half the clear Prohts above the Rent which half Communibus annis amounted to 3700 l. per Annum so in effect the Duke paid 9700 l. per Annum but he had allowance for several Desalcations as 1400 l. per Annum in lieu of the Customs of Wines which were Leased to the Earl of Carlisle at that Rent and the Customs of Derry Colerain Knockfergus and Strangford are reserv'd to the King On the 24th of March in the Seventh Year of King Charles I. The Customs were set to the Dutchess of Buckingham for 20000 l. Fine and 11050 l. per Annum Rent and Derry c. are included and the Lord of Carlisles Lease was surrendered to the King the 21st day of the same Month and then the new Book of Rates was made And on the 21st of April following viz. 8 Car. 1. The Dutchess of Buckingham's Lease being surrendred a new one was made to Lord Straffard and Partners for 8000 l. Fine and 15500 l. per Annum And they manag'd it so well that this branch of the Revenue yielded them as followeth viz. Anno. 1636 39936 1637 38889 1638 57380 1639 55582. The Eleventh Article was For restraining Transportation of Pipe-staves c. without Licence But that Article was waved by the Managers The Twelfth was That he Monopoliz'd the whole Trade of Tobacco by his Proclamation that none should be imported without his Licence and another Proclamation that none should be Sold by Wholesale unless it were made up in Rolls Seal'd at both ends with a Seal appointed by him and that divers were Pillory'd Whipt Fined Imprison'd c. for transgressing that Proclamation And whilst he raised the Impost on other Goods he reduced that on Tobacco from 6d to 3d. per Pound whereby he got 100000 l. per Annum And that he raised several other Monopolies on Starch Iron-Pots Glasses Tobacco-pipes c. To which he Answers That 6th June 13 Jac. 1. the King granted the Impost on Tobacco being 18 d. per Pound to William Massam and John Pit for Seven year at 10 l. per Annum and 8th February 19 Jac. 1. it was let to Mr. Lyne for Twenty one years at 20 l. per Annum that upon the Commons advice in Parliament that Lease was bought in and on 18th of July 12 Car. 1. the King Orders the Lord Deputy to assume the Pre-emption of Tobacco c. to advance the Revenue and this Letter is the ground of the first Proclamation which in this Matter followed the Example of England and the Second Proclamation is in effect but the Duplicate of the Proclamation in England of the 14th of March 13 Car. 1. mutatis mutandis that hereupon the 7th of November 1637. He contracted with Mr. Carpenter c. for the sole Importation of Tobacco for Eleven years at 5000 l. per Annum for the first Five years and 6000 l. per Annum
Parsons by Owen O Conally an Irishman but bred a Protestant by Sir John Clotworthy and he being drunk told his Story so odly and delivered this surprizing Information so incoherently that small regard was had to what he said and therefore he was dismissed with Directions to make farther Discoveries if he could Nevertheless the Lord Parsons went to his Collegue Burlace at Chichester-house to communicate Conally's Intelligence unto him and whilst the Lord Justice Burlace was fretting that Conally should be so slightly dismiss'd Vide his Examination Append 2. behold about Ten a Clock at Night he came again and confirm'd his former Story Whereupon several of the Conspirators were that Night apprehended and tho' James Warren and Paul Neale found means to escape out of Custody yet the Lord Macguire in whose Lodgings were found many Hatchets Skeins and Hammers and Mac Mahon were taken and kept safe until their Execution It was about Five a Clock in the Morning 23d of October when Mac Mahon was Examined and Confessed That on that very day all the Forts and strong Places in Ireland would be taken that he with the Lord Macguire Hugh Brine Captain Bryan O Neale and several other Irish Gentlemen were come expresly to surprize the Castle of Dablin and that Twenty men out of each County were to be here to joyn with them That all the Papist Lords and Gentlemen in the Kingdom were engaged in this Plot That what was to be done in other parts of the Country was so far advanced by that time as it was impossible for the Wit of Man to prevent it that they had him in their Power and might use him as they pleased but he was sure be should be revenged And it is observable that Mac Mahon's Fancy was so full of the Bloody Tragedy which was to be Acted that day that during Owen O Conallies Examination as he walked in Chichester-Hall he drew with Chalk several postures of Men some on Gibbets and some groveling on the Ground so much was he delighted with what he thought or rather knew would soon be the Condition of the miserable English Nor is it to be omitted that Sir William Cole upon the Information of John Cormuck and Flagharty Mac Hugh that the Irish did design to seize on the Castle of Dublin and murder the Lords Justices and Council and the Protestants there did on the 21. of October send Letters with an Account of that Matter to the Lords Justices but how they mis carried is not known but it is certain those Letters never came to hand On this First day of the Rebellion the Irish surprized the Lord Blaney's House his Wife and Children and seized the Newry and the Magazine there See it Burlace 22. wherein were Seventy Barrels of Powder they also took Dungannon Fort Mountjoy Charlemont Tonrage Carrickmacross Cloghouter in the County of Cavan and Castlemonaghan and committed many Murders and the Lords Justices issued a Proclamation to encourage the English to defend themselves which were immediately Printed and sent to several places by Expresses and from this time forward there was not a day and scarce an hour wherein the dismal Tidings of some new Outrage or Barbarity did not arrive On the 24th the Alarms and Fears were so great at Dublin that the Castle Drawbridge was once let down and some of the State went to the Platform of the Castle to view the Irish Army which was falsly said to be approaching The Lords Justices being in this deplorable Condition did turn themselves to all the Methods of preserving the Kingdom which so great a Danger did require and their small Materials would allow but tho' their Industry was great their means were inconsiderable the whole standing Army did not exceed Two thousand ninety seven Foot and Nine hundred Horse Officers included and these were scattered in Single Troops and Companies or small Parties into places remote from Dublin and far distant from one another so that some of them were cut off by the Enemy and more of them being Irish Papists did revolt to the Rebels however they did send Potents for as many as they thought could safely March and particularly for the Earl of Ormond's Troop which came with himself to Dublin on the Second day of December and they made Sir Francis Willoughby Commander of the Castle These Letters are at large Temple 25. and Sir Charles Coot Governour of the City and on the 25th of October sent Owen O Conally with Letters to the Lord Lieutenant and Sir Henry Spotswood with an Express to the King But their main hope was that the Papists of the Pale who were of English Extraction and had signalized their Loyalty in all former Rebellions would also stand firm to the Crown in This and therefore the Lords Justices and Council sent Letters to the Sheriffs of those five Counties to make their best defence against the Rebels and to do all that was necessary for their own Preservation And to encourage as well as enable those Papists that the State had a good Opinion of the Lords Justices dispersed Seventeen hundred Arms to the Lords of Fingall Gormanstown Dunsany Slane Netervill Merion Hoath and other Roman Catholick Gentlemen for the Guard of the Pale and Arms were likewise sent to the Towns of Waterford Wexford and Trim with a Licence to import more they issued also Commissions of Martial Law for the more speedy Execution of the Rebels and thereby the more Expeditious Suppressing of the Rebellion Temple 55. and these Commissions were directed to Papists viz. to Henry Talbot for the County of Dublin John Bellew Esquire for the County of Louth Richard Dalton and James Tuit in Westmeath and James Talbot in the County of Cavan They also gave Commissions of Government of the respective Counties to several Roman Catholicks viz. the Lords Mountgarret Gormanstown Mayo Costilo Walter Bagnall Sir James Dillon Sir Robert Talbot Sir Christopher Bellew Sir Thomas Nugent and Mr. Nicholas Barnewall and by these Commissions these Lords and Gentlemen in their respective Districts had power to Levy and raise Forces to Arm and Array and conduct them and to prosecute the Rebels with Fire and Sword to use Martial Law and to Pardon and receive into his Majesties mercy as they should think fit as may be seen more at large in the Lord Gormanstowns Commission Postea Appendix 8. But the Lords and Gentlemen of the Pale were deeper in this General Conspiracy than the Lords Justices suspected and therefore were so far from being wrought upon by these Kindnesses and the Confidence the State placed in them that on the contrary from the very beginning they industriously sought for Pretences to break out into Action Their first Essay was on the 27th day of October at which time they picked a Quarrel at the words Irish Papists in the Proclamation against the Rebels as being Terms so General and Comprehensive that themselves might seem included and tho' they being Old English
had scarce a fair Pretence for that Cavil yet to satisfie them those words were by a Second Proclamation of the 29th of October explain'd to extend to none but such as were in Rebellion Their Second Attempt was at the Session of Parliament on the Sixteenth of November where they endeavoured to Palliate the Rebellion and smooth and soften their Protestation against it and complain'd at the Shortness of the Session whereby they were hindred as they said of means to suppress the Insurrection But finding neither of these sufficient they had afterwards Recourse to other as ill grounded Complaints hereafter mentioned and in the mean time they excused themselves to the State that they were not able to raise Men according to their Commissions of Government by which Answer and some other Passages the Lord Justices perceived That even those of the Pale were Tainted with the infection and therefore they recalled the Arms they had delivered out to them and by a great deal of industry they recovered about Nine hundred of them and the rest were treacherously made use of against the State that had too credulously trusted the Roman Catholicks with them at so critical a Juncture In this extremity and want of all things especially Money Application was made to the Corporation of Dublin but that famous City the Metropolis of the Kingdom would not advance more than Fifty Pounds tho' upon so great an Emergency whereby the State was convinc'd that the Rebellion was Universal and that even those the Citizens that did not dare to appear openly in it were yet secretly Well-wishers to the Cause and in their Hearts devoted to the Persons and Designs of the Rebels And this was the more manifest because the Popish Citizens did rarely if at all administer any the least Comfort to the poor and plunder'd English insomuch that the Protestants perished in such Multitudes at Dublin that the Church-yards being full of Graves the Lords Justices were fain to provide two large Pieces of Ground for new Burying-places for them The Lords Justices by their Proclamation of the Twenty seventh of October caused Michaelmas Term to be adjourned and sent Four hundred Musquets by Sea to the Lords Viscounts of Clandeboys and Ardes and also sent Commissions to them to raise the Scots and to receive Submitting Rebels to Mercy and they also wrote to the Lords President of Munster and Connaught to be on their Defence And because of the great Concourse to Dublin and the danger that City was in upon the Complaint of the Magistrates thereof all Strangers were commanded by Proclamation to depart the City upon pain of Death but no body was punished for disobeying that Order altho' there was a second Proclamation against the Harbourers of such Strangers But how general soever this Rebellion was and how cruel soever the Authors of it were Vid. Appendix 10. altho' the very Women and Children were active in stripping and murdering the distressed English yet the Execution could not be so great nor with so little Loss to the Irish but that the English were wheedled to put a Confidence in their Irish Landlords Tenants Servants and Neighbors with whom they had lived kindly and to whom they had given no manner of Provocation and so neglecting the proper Means of defending themselves they were miserably betrayed and perfidiously destroyed by those they trusted it being esteemed a Mortal Sin amongst most of the Rebels to relieve or protect a Heretick But in some places the English to considerable Numbers were embodied together and being in a condition to make some Resistance were promised Quarter and good Articles upon Oath But as soon as they submitted they were also treacherously murdered And thus they were served at Loughell Temple 41. Armagh Belturbet Longford Tullogh New-Town Burlace 71. Sligo and many other Places At first the Rebels did pretend to spare the Scots and to make a Difference between them whom they professed a Kindness for because they were Strangers and their Religion likewise persecuted by the parliament and the English against whom they expressed a most bitter and inveterate Hatred and to disguise their Designs they did actually Forbear them for about ten days till the English were destroyed and then they fell upon the Scots also and made no farther distinction between British Protestants By the First of November the Protestants had very little left in Ulster except Londonderry Colerain and Iniskilling and half the County of Down and part of the County of Antrim which the Government was in an ill Condition to provide for or relieve and had no hopes of retrieving that part of Ulster which was lost and so deeply drench'd in innocent Blood otherwise than by Force of Arms but as to the Counties of Meath West-Meath Longford and Louth which were not yet so deeply plung'd in Robberies and Murthers the Lords Justices had hopes of their Submission and therefore did issue their Proclamation of Pardon to all that would submit within Ten days Freeholders and Murderers only excepted But whilst these things were doing viz. on the First of November the Parliament of England voted a Supply of Fifty thousand Pounds for the Relief of Ireland and that all the Papists of Quality in England be secured and that none except Merchants shall pass to Ireland without a Certificate and that a Pardon be offered to the Irish Rebels and that Owen O Conally the Discoverer of the Plot should have Five hundred Pounds in Money and Lands worth Two hundred Pounds per Annum setled upon him And this Order was 12 November printed in Dublin and dispersed all over the Kingdom but without any Effect For now the Rebels were elevated and had formed a Design against Tredagh whereof Doctor Jones afterwards Bishop of Meath gave timely notice so that it was prevented for tho' the Lord Moor had made a seasonable Entry into that Town nevertheless the Inclination of the Townsmen and of Sir John Nettervill who had a Foot Company there in the King's Pay being manifestly favourable to the Rebels the Place was not safe without a stronger Garison and therefore Sir Henry Tichbourn with a Regiment of Foot and two Troops of Horse was sent from Dublin the third day of November and came safe to Tredagh the next day On the Fourth of November Sir Phelim O Neale and Rory Macguire from their Camp at Newry published That they had a Commission from the King under the Great Seal of England for this Insurrection And one Harison having taken the Seal from an old Patent of the Lord Cawfeild's at Charlemont and fixed it to a forged Commission they sent attested Copies of it in Letters to their Confederates thereby blacking their Insurrection with the worst of Circumstances viz. by laying it to the Charge of His Majesty who upon all Occasions expressed his Detestation of it and by this means they raised more Enemies to the King and created more Jealousies in the Minds of His Protestant Subjects
and gave more Colour and Umbrage for the Suspicions that were then entertained of Him than any other Action of that Time could do And indeed this single Act of theirs did His Majesty more mischief than all the pretended Loyalty of that Party since that time can atone for However to obviate the dismal Effects of that impudent Forgery as much as they could the Lords Justices did Burlace Append 3. by their Proclamation of the Thirtieth of October 1642. publish that Sham to be false and scandalous And it is very observable That this Contrivance of theirs from whence they hoped to derive so much Advantage was the Occasion of their Ruin for the King to vindicate himself from this gross Aspersion was necessitated to devolve the Management of the War upon the Parliament and to consent to the Act of Adventurers which dispos'd of most part of the Rebels Estates and indeed to humour them in every thing relating to Ireland and particularly in giving up Carrigfergus to the Scots And on the same Fourth of November Temple 50. the Parliament of England voted 1. That Twenty thousand Pounds be forthwith supplied for the present Occasions of Ireland 2. That a convenient Number of Ships shall be provided for the Guarding of the Sea-coasts of that Kingdom 3. That this House holds fit that Six thousand Foot and Two thousand Horse shall be raised with all convenient speed for the present Expedition into Ireland 4. That the Lord Lieutenant shall present to both Houses of Parliament such Officers as he shall think fit to send into Ireland to Command any Forces to be transported thither 5. That Magazins of Victuals shall be forthwith provided at Westchester to be sent over to Dublin as the Occasions of that Kingdom shall require 6. That the Magazins of Arms Ammunition and Powder now in Carlisle shall be forthwith sent over to Knockfergus in Ireland 7. That it be referred to the King's Council to consider of some fit Way and to present it to the House for a Publication to be made of Rewards to be given to such as shall do Service in this Expedition into Ireland and for a Pardon of such of the Rebels in Ireland as shall come in by a Time limited and of a Sum of Money to be appointed for a Reward to such as shall bring in the Heads of such Principal Rebels as shall be nominated 8. That Letters shall be forthwith sent to the Justices in Ireland to acquaint them how sensible this House is of the Affairs in Ireland 9. That the Committee of Irish Affairs shall consider how and in what manner this Kingdom shall make use of the Friendship and Assistance of Scotland in the Business of Ireland 10. That Directions shall be given for the drawing of a Bill for the Pressing of Men for this particular Service for Ireland In the mean time the Lords Justices and Council did all that was possible for the Preservation of the Kingdom They on the Fifth of November dispatched a second Express to the King and another to the Lords of the Council and then and not before wrote to both Houses of Parliament and sent a Duplicate of it to the King and they formed a thousand of the stripped English into a Regiment under Sir Charles Coot and soon after they raised two Regiments more under the Lord Lambert and Colonel Crawford They also took care to Victual the Castle of Dublin and to clear an old Well that was in it and to do all things necessary to fit it for a Siege And to prevent any Surprize that might happen by the great Concourse of People to the Castle they removed the Council to Cork-house and often sat there in Council which was a great Oversight and might have been Fatal to them if the Lords of the Pale who soon after went out into open Rebellion had had the Courage to seise upon them there as they easily might have done On Saturday the Sixth of November Philip O Rely Knight of the Shire and the Irish of the County of Cavan sent an insolent Remonstrance to the Lord Justices by Doctor Jones whose Wife and Children they had at their Mercy and impowered him to assure their Lordships That there should be a Cessation of all things till the return of his Answer But tho' the Lords Justices gave a Civil Answer to it and sent the Remonstrance to the Lord Lieutenant to whom the King had ordered them to apply themselves about the Affairs of Ireland yet the very next Munday being the Eigth of November and before any Answer could come these Remonstrants Rendezvoufedâ— at Virginia a Town in the County of Cavan and proved the fiercest Rebels of all and by the Eleventh of December had taken the whole County of Cavan except the Castles of Keighlah and Croghan which were also surrendred to them the Fourth of July 1642. and Thirteen hundred and forty English Persons were thence according to Articles conveyed to Tredagh On the Eleventh of November the Lords Justices published another Proclamation prohibiting all unnecessary Persons from repairing to Dublin which the Irish took very ill and made a great noise about it tho' no Person of Quality or Business was in the least restrained by that Proclamation But their Design was to pick Quarrels and to manage all Accidents to that purpose On the Twelfth of November the County of Wickloe appeared in its proper Colours they murdered or robbed all the English Inhabitants within that County and burnt the principal Houses and laid Siege to Fort-Carew which the Lords Justices had not Means to relieve The Counties of Letrim Longford West-Meath and Louth were already infected and Wexford and Caterlogh followed the bloody Examples of their Neighbours and even the County of Kildare it self began to put on a terrible Countenance and the Irish of the Pale having gotten Arms from their English Neighbors under pretence of opposing the Rebels were the better able to do Execution on those stupid Protestants that so foolishly parted with them to their National and Hereditary Enemies The Lords Justices had by Proclamation Prorogued the Parliament to the Twenty fourth of February but at the Importunity of some Irish Lawyers who pretended great Affection to the King and earnest Desires to quench the Rebellion the Parliament which was a very thin one was permitted to meet on the Sixteenth of November and then it was visible that more were tainted with the Infection than appeared openly in Rebellion for the Popish Members did with great Cunning and Artifice endeavour to varnish or excuse all the Actions and Cruelties of the Rebels and those who seemed most to discountenance the Insurrection did nevertheless cover it over with such a Veil treat of it so nicely and handle it with so much tenderness as if themselves most of them being of the Conspiracy were immediately to participate of the Punishment as well as they were clandestinely involved in the Plot They would by do means have
That they were constrain'd to assemble together for the safety of their Lives that they were so terrified by the Excursions of some Horse and Foot from Dublin that murder'd Foor Catholicks merely for being so that they durst not stay at home and therefore resolved to continue together for their mutual Preservation until they should be assured by their Lordship of the safety of their Lives But these were but Pretences to palliate their Insurrection and to insinuate a Necessity of the Rebellion they had entred into and therefore the Lords Justices did endeavor in vain by two Proclamations of the Thirteenth of December to remove these Jealousies and satisfie or answer the Objections altho' in one of them they assured Nettervill and his Comragues of free egress and regress 2 Temple 29. and that the Four that were killed were in actual Hostility and one of them was a Protestant and in the other they declar'd That neither Sir Charles Coot nor any other did ever utter at the Council-board or elsewhere any Speeches tending to a Purpose or Resolution to exeecute on the Papists or any other a general Massacre nor was it ever in their thoughts to dishonor His Majesty or the State by so odious impious and detestable a thing and gave the Lords of the Pale assurance of their Safety if they would repair to Dublin the Seventeenth of that Month. But all these Condescensions had no good effect on the contrary these Favours were interpreted to proceed from the weakness of the State and consequently tended to heighten the Insolencies of the Rebels For that very day after the Proclamations were published some of Netervill's Party seised a Boat in the Harbor of Dublin 2 Temple 27. and robbed it and put the Pillage into Mr. King's House at Clontarfe and threatned to encamp at Clontarfe which is but two small Miles from Dublin Whereupon the next day being the Fourteenth of December the Lieutenant-General was ordered to send out a Party to Clontarfe to remove them which Sir Charles Coot on the Fifteenth of December performed effectually without any Opposition and burned the village and Mr. King's House In like manner the Lords of the Pale slighted the aforesaid Proclamations and on the Sixteenth day of December proceeded to appoint General Officers and declared the Lord Gormanstown General of the Pale Hugh Birne Lieutenant-General the Earl of Fingall General of the Horse and gave such Order about raising Men and Provisions as they thought convenient Nettervill and his Party being reinforced from Kildare and Wicklow continued at Finglas and Santry from the Fifteenth of December to the Twenty second at which time Colonel Crawford drove them from Finglas with much ado and the very Name and Approach of Sir Charles Coot frightned them from Santry in such haste that they left a great deal of their Equipage and Provisions behind them And yet at the same time Three hundred Rebels appear'd again at Clantarf and had the day before robb'd two English Barks in the Harbor and carried the Booty to Barnwall's House at Brimore and the Prisoners to the Lord Gormanstown's House whence they were sent to Balruthery And thus Dublin was in a manner blockt up Naas Kildare Trim and Ashboy were in the Rebels Hands and the City was almost surrounded with Irish Soldiers Nettervill lying at Swords with Two thousand Men took the Castle of Artain within two Miles of Dublin and Colonel Roger Moor lay at Rathcool with Two thousand more and Four thousand of the County of Wicklow came within four Miles of Dublin on that side so that the Government could give no Relief to the Distressed Protestants who were coopt up in several Castles and made piteous Complaints And therefore the State was necessitated to suffer the English of the Inland Counties to be destroy'd and all the Walled Towns in the Kingdom Tredagh and Carigfergus and the Walled Towns of the Counties of London-derry and Cork only excepted to be reduced under the Power of the Rebels who in imitation of the Holy League in France styled themselves THE CATHOLICK ARMY and took the following Oath of Association framed by the Clergy so that all the Government could do was to write a mournful Letter to the Lord Lieutenant which is to be found 2 Temple 39. and is very well worth perusal but too long to be here inserted The Oath taken by the Irish I A. B. do in the Presence of Almighty God and all the Saints and Angels in Heaven promise vow swear and protest to maintain and defend as far as I may with my Life Power and Estate the Publick and Free Exercise of the True and Roman Catholick Religion against all Persons that shall oppose the same I further swear That I will bear Faith and true Allegiance to our Sovereign Lord King CHARLES His Hiers and Successors and that I will defend Him and Them as far as I may with my Life Power and Estate against all such Persons as shall attempt any thing against their Royal Persons Honors Estates and Dignities and against all such as shall directly or indirectly endeavour to suppress their Royal Prerogatives or do any Act or Acts contrary to Regal Government as also the Power and Privileges of Parliament the Lawful Rights and Privileges of the Subjects and every Person that makes this Vow Oath and Protestation in whatsoever he shall do in the lawful pursuance of the same And to my power as far as I may I will oppose and by all means and ways endeavor to bring to condign Punishment even to the loss of Life Liberty and Estate all such as shall either by Force Practice Counsels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article Clause or any thing in this present Vow Oath or Protestation contained So God me help In the mean time a Foot Company of the Standing Army commanded by White of Lexlip a Papist revolted entirely to the Rebels and so many disguised Papists revolted from the Army which was full of them that in some Companies there were not above seven or eight Men left which manifests the Conspiracy was general when Men so circumstanced should betray their Trust and leaves a necessary Caution to Posterity not to trust any more of that Kidney in such Stations However the Garison of Tredagh was not discouraged by this Accident but on the third of October made a successful Sally to the slaughter of Two hundred Rebels But on the first of January the King declared the Irish to be Rebels by Proclamation Appendix 13. and signed Forty of them being the Number desir'd by the Lords Justices and Council with his own Hand and affixed his Privy Signet unto them and they were brought to Dublin on the twentieth of January and published without any effect In the mean time the Lords Justices on the twenty eighth of December issued a Proclamation to prohibit Strangers from flocking to Dublin without License and another
Commission to the Earl of Ormond and him to Govern the County of Kilkenny of the same Tenor as Appendix 8. they thought to colour their Proceedings thereby and therefore invited him to be their General And it seems his Lordship was ready to embrace the Offer for in the latter end of January he came with Fifteen Companies to Cashell and being assisted by Purcell Titular Baron of Loghmore to whom likewise the Lords Justices had sent Arms and by the Lords of Ikerin Dunboyn Cahir and Castleconell they took Ballyowen and blockt up Gowlin and Knockordan and then marched to Kilmallock and so towards Mallow but near the Mountain above Donerayl the Lord president faced the Rebels He had with him the Lords Barymore Dungarvan and Broghill Sir Hardress Waller Sir Edward Denny Sir John Brown Major Searle and Captain Kingsmill and about Six hundred Foot and Three hundred Horse Whilst he staid there the Rebels did not dare to advance but his Presence being necessary at Cork he was after eight days stay thereabouts obliged to retire to that City whereupon the Irish advanc'd to Mallow and took the short Castle there upon Articles which they did not perform At Mallow there arose a Difference amongst the Irish about the Supreme Command of the Army The Lord Roch and others of Munster thought they ought to have a General of their own Province and to avoid Competition amongst the Lords they pitch'd upon Garret Barry and appointed the Lord Muskery and other Great Men to be the Council of War Hereupon the Lord Mountgarret return'd to Typerary where he met the News That the Men which were in Gowlin Castle had escaped into the Mountains where most of them were murdered by James Butler of Ruskagh for which Fact he was tried before Colonel Sanky Anno 1653. and afterwards hang'd and that the Women and Children left in the Castle were likewise inhumanly butcher'd by the Irish for which Barbarity Peirce Butler and his Son Thomas James Butler of Boyton-Rath and Thomas Kent were likewise tried condemned and executed Anno 1653. As for the County of Cork which by the noble Plantations made by the Earl of that Name became the best inhabited with English of any County in that Kingdom it was in a great measure preserv'd by the Generosity and Diligence of that Earl who was then newly return'd out of England he rais'd Two Troops of Horse under his Sons the Lords of Kinalmeky and Broghil and Four hundred Foot all which he maintained for some Months as his own Charge and sent a hundred of them to Asketon a hundred to Lismore and kept Two hundred with himself at Youghall Nevertheless that County was not without its share of Disturbance tho' it was the last County wherein the Rebellion broke out and they began it as elsewhere by robbing and plundring bare-fac'd and at Noon-day and in Multitudes and afterwards committed some Murders but not so many as in other Places because the English were powerful in this County and therefore the Rebels were in more fear to be called to account for their Exorbitances However at Glandore they gagg'd several English to death and in another place they ty'd an Englishman's Guts to the Post and made him dance round it till he died they broil'd a piece of a Scotch Minister's Breech and made him eat it they hang'd Robert Scot of Newcestown and his two Daughters in Muskery tho' he went voluntarily there to a Friend for Protection and in like manner John Burrows was serv'd at Ballynorohur by his Landlord Mac-ni-crimin who was tried and executed for it afterwards at Bandon They hang'd Andrew a Servant of Mr. Hazell's and which was worse than all he rest Mr. Linscomb Sovereign of Cloghnikilty having much Intimacy with the Irish staid behind his Neighbors in confidence of Protection but contrary to his Expectation and their Promises they first made him drunk till he vomited and then made him eat it up and immediately hang'd him at his own Door and having by Promises of sending her safe to Kinsale persuaded his Wife to discover 120 l. in Money she had hid at Muckrus as soon as they got it they threw her and her Sister into a deep Pit and there they left them till they were starved And altho' there were not many downright Murthers committed in this County yet by reason of the universal Robbing and Plundring and the great Want and Hardships this Insurrection exposed the miserable English to many thousands of them perished and particularly in the Town of Bandon there died above a Thousand in the first Year of this Rebellion and great Numbers likewise met with the same Fate at Cork Kinsale and Youghall To stop this Torrent the Lord President raised a Regiment of Foot and Two Troops of Horse and did what he could to prepare for his Defence And it was but needful to do so for the Rebels being extraordinary numerous thought themselves able to besiege Cork Kinsale and Bandon at the same time In order to this Mr. Long High Sheriff of the County of Cork form'd a Camp at Belgooly about Two Miles from Kinsale and to him came Mac-Finin's Brother called Captain Sugane and march'd from Kerry through Muskery and Carbery to the Camp and Dermond ni Glack of Littergorman with another Party march'd down to Kilgoban-Castle on the River of Bandon and surprized it This Camp at Belgooly continued the rest of this Winter and was supplied with Ammunition and other Necessaries even from some of the Popish Inhabitants of Kinsale but at length half the Lord Baltinglass his Company being Forty five Men arrived by Sea at Kinsale on the Fifth of April and brought with them Eight Barrels of Powder whereof Six were the next day sent to Bandon guarded by the Bandon Troop which fell into an Ambuscade but the Kinsale Troop just then parted from them return'd seasonably to their Succour and between them they kill'd Eighty of the Rebels and then each Troop return'd safe to their respective Garisons and the next day the Camp at Belgooly was dissolv'd and most of the Soldiers went to reinforce the Blockade at Cork And about the same time viz. in February Mac Carthy Riagh who had dissembled the Matter and pretended Loyalty and that he would side with the English until he got some Arms from the Lord Viscount Kinalmeky and then declared the very next day with about Three thousand raw Men and ill armed came to besiege the Town of Bandon But the valiant Bandonians scorned to be pent up by such a pitiful Rabble and therefore having form'd themselves into Four Companies under the Captains Watkins Woodhouse Jefford and Hooper and One Troop Battel of Knockagarane under their Governor the Lord Kinalmeky they sallied out and whilst the Foot marched up the direct Road to Cloghnakilty the Horse went round by Castlemahon so to fall on the Rear but the Foot came up first and one Company led by Captain Watkins within-side the Ditch
came undiscovered very near the Enemy who were gazing at the rest that march'd in the High-way and at the first Volley kill'd Sixteen Men whereupon all the Irish fled and being light of Foot and the Horse not come up no farther Execution was done at this famous Battel of Knockagarane As for Cork it was blocked up on the South-side by General Barry and the Lord Muskery who expected the Lord Roch and others to do the like on the North-side but to prevent that the Lord President sent the Lord Insiquin and Colonel Jepson with the Two English Troops newly arrived from England into Roch's Country and Orrery where they had the good Fortune to relieve Rathgogan and to take Ballyha and to kill Two hundred Rebels on the Twenty seventh of February And the Lord President being reinforced by Sir Charles Vavasor's Regiment likewise newly arrived from England did on the second of March draw out a Party with which he burnt Tallow visited Lismore and took Dungarvan by Surrender and left Lieutenant Rossington and Forty Men in it from whom the Irish afterwards surpriz'd it and so having kill'd Three hundred Rebels in this Journy he returned safely to Cork But on the Thirteenth of April the Irish beat the English Scouts into the Suburbs of Cork whereupon the Lord Insiquin and Colonel Vavasor issued out with Three hundred Musquetiers and Two Troops of Horse and not only beat that Party but also routed the whole Army and took the Lord Muskery's Armor Tent and Baggage and killed Captain Sugane and above Two hundred of the Rebels without the Loss of a Man And as to Youghall the Irish did plant Three Pieces of Ordnance on the other side of the River to block up the Harbor but that did not hinder the safe Arrival of Sir Charles Vavasor and his Regiment in that Port on the Twenty fifth day of February 1641. as aforesaid As to Connaught the Lord Ranelagh was Lord President of that Province and being at Dublin when the Rebellion broke out he went to his Government the beginning of November and found the Counties of Mayo Letrim Roscomon and Sleigo in open Rebellion At first he thought to reclaim them by Mildness and the Acquaintance he had amongst them but he was quickly baffled in that Expectation as every body else will be that thinks an Irish Rebel will prefer the Interests or Solicitations of a Protestant Friend before those of a Popish Priest On the contrary to manifest their Sincerity to their Religion per aliquod facinus dignum they are most severe to their Protestant Friends and the Lord Ranelagh fared as bad as others being besieged in the Castle of Athlone all this Winter and many Towns in his Province and particularly Roscomon and Elphin were burned by the Rebels and some Castles of the Earl of Clanrickard's in the County of Galway were by them likewise surprized tho' generally that County was by the Conduct and Loyalty of the Earl of Clanrickard kept in pretty good order And it is to be noted That Commissions of Government and Martial Law were likewise sent to the Roman Catholicks of this Province viz. to the Lord of Mayo c. that nothing might be omitted to keep them quiet if they were so inclin'd but they despising the weak Forces of this Province were more forward than others to plunge themselves into this Common and Universal Rebellion and kept the Lord President besieged in the Castle of Athlone all this Winter In January the Irish to the number of Twelve hundred besieged young Sir Charles-Coot in Castle-Coot but he valiantly raised the Siege within a Week and not long after defeated Hugh O Connor and his Forces and on the Second of March encountred Con O Rourk and his Followers who came to fetch the Prey of Roscomon and took himself Prisoner and killed most of his Party Afterwards the Rebels under the Conduct of Colonel Walsh formed a Camp at Kregs but young Sir Charles Coot and the Garison of Castle-Coot sallied out upon them and gave them a total Defeat and took all their Baggage and Provisions and not long after he got a considerable Prey from about Ballynislow and in Easter-week relieved Athloane with some Provisions and other Necessaries Nor did the Governors and Garisons of Roscoman Tulsk Elphin Knockvicar Abbyboyle Carrigdrumrusk and Bealanfad behave themselves less bravely tho' at length this latter Place was lost for want of Water As to Ulster because the Rebellion began there I have already mentioned several passages in that Province so that I have only to add that on the Twenty third of October Cormock O Hagan surpriz'd the strong Castle of Monymore belonging to the Company of Drapers in London Whereupon a Rumour was immediately noised about the Country that the Irish were in Rebellion which coming to the Ears of Mr. William Rowly who had been an active Man against the Irish he presently posted to Colerain where he brought the first notice of the Insurrection about Eight a Clock on Sunday Morning which was soon after confirmed by multitudes of pillaged People that flockt into the Town that day It was wonderful to see the Scots so deluded with the wheedling of the Irish that they sate still as Newters till the English were destroy'd and particularly There was one Mr. William Stewart of the Irry who had Married the Earl of Tyrones Grand-Daughter he had Six hundred Scots together and might have preserved that Country but being assur'd by some of his Irish Relations that no harm was design'd to his Country-men he dismist his Followers to their respective Dwellings and that very Night most of them were murdered and this was the first Action that Alarm'd the Scots amongst whom the Irish from that time forward made a sad Slaughter and the Scots in due time did not fail to Pay them in their own Coyn and particularly at the 〈◊〉 of Magee within few Weeks after At Colerain Colonel Edward Rowly rased a Regiment of Foot and a Troop of Horse and Colonel Cozens raised a Regiment of Foot but the former marched into the Country and for some time kept in an open Village called Garvaghy but at length the Irish to a very great number whereof many were his own Tenants fell upon him and kill'd all his Men but Eight and barbarously murdered himself after they had given him Quarter and then burnt and plundered to the Gates of Colerain Mr. Hugh Rowly who is still living assures me he saw them burn Desertmartin Maghara Vintners Town Drapers Town and Maghrafelt and he saw them take a Poor Scotchman and knock him in the Head with stones and he also saw them take Mr. Matchet a Minister out of Lieutenant Thurbye's House and murder him and he also likewise saw the Lord of Antrim and Sir Philemy O Neal meet at the same place But in March Archibald Steward marched out of Colerain with Six hundred Scots and Three hundred English and had the misfortune to meet with
and attacked them so briskly that they quickly fled but by reason of the adjacent Bog and the harrass'd Condition of the English Horse there was not much Execution done the number of the Slain not exceeding Five hundred amongst which were the Lord Dunboyn's Brother the Lord Ikerin's Son and Colonel â—â—vâ—nagh and on the English side not above Twenty killed and Forty wounded However it was an entire Victory all their Powder and Amunition the Generals Waggon drawn with Eight Oxen his and the Lords of Ikerin's Sumptures and Twenty Colours being taken and for this great Service the Lieutenant General had a Letter of thanks from the Parliament of England and a Jewel worth 500 l. Soon after arrived at Dublin Philip Lord Lisle Lieutenant General of the Horse and his first Essay was to relieve the Castle of Geashill which with Three hundred Horse and One hundred and twenty Foot he easily effected he was accompanied by old Sir Charles Coot in this Action who at a Council of War told the rest that if they made haste they might easily pass the Defiles and Causeways before the Enemy could get together to oppose them whereto another reply'd that perhaps that might be so but when the Countrey was Alarm'd how should they get back I protest said Sir Charles Coot I never thought of that in my Life I always considered how to do my business and when that was done I got home again as well as I could and hitherto I have not mist of forcing my way and accordingly they went and their march was so swift that they came unexpectedly to Phillipstowne and took it and on their return they followed some of the Popish Lords of the Pale to Trim and forced that place likewise and by Coot's advice resolved to make it a Garison and therefore in order to settle this Affair with the Lords Justices the Lord Lisle guarded by some of the Horse went to Dublin but the next night after he was gone the Irish to the number of Three thousand came in the dead of the night to surprise Trim but the Centinel gave the Alarm and thereupon Sir Charles Coot with all the Horse he could get being not above Seventeen issued out of the Gate and was followed by others as fast as they could get ready The Success was answerable to so generous an Undertaking and the Irish were routed without any other considerable Loss on the English Side except that of Sir Charles Coot himself who was shot dead but whether by the Enemy or one of his own Troopers is variously reported Upon his Death the Government of Dublin was given to the Lord Lambert on the Twelfth of May and tho' in July Colonel Monk had it by the Lord Lieutenant's Order yet as soon as the King was informed that it had been predisposed to the Lord Lambert Monk was removed and the Lord Lambert was confirmed And on the Twenty third of May the Marquis of Ormond publish'd a Proclamation against the Exorbitances of the Soldiers and to supply their Necessities the Lords Justices gave them Custodiums on the Villages in the Irish Quarters which produced good Effects both in relieving the Soldiers and in annoying the Rebels On the first of June came over some Regiments under the Conduct of Sir Foulk Hunks and Lieutenant Colonel Kirke whereupon the Earl of Ormond with Four thousand five hundred Foot and Six hundred Horse marched to the Relief of Athlone and in his way took in the Castles of Knocklinch Trimletstown and Kinkelfe and beat Five hundred Rebels from Ballynecurr but upon his approach the Rebels burnt Molingar and Bullymore and Sir James Dillon and the Irish Army thought fit to withdraw so that the Lord President of Connaught with Fifty Horse and Two hundred Foot met the Marquis of Ormond Five Miles from Athlone and received from him Two Regiments of Foot and Two Troops of Horse and then both these Lords return'd the one to Athlone and the other to Dublin About the same time viz. in June Colonel Monk marching to reinforce the Lieutenant-General took Castleknock and killed Eighty Rebels besides some that he hanged and a while after he took the Castles of Rathroffy and Clongowswood in the County of Kildare and did good Execution upon the Enemy and of Seventy which he had taken Prisoners most of them being murdering Rebels were afterwards executed at Dublin And on the Twentieth of the same Month Colonel Gibson made a prosperous Incursion into Wicklow and killed many of the Confederates and brought home a considerable Prey But on the Twenty first of June the Irish Parliament sat according to the Prorogation and the Lower House voted That the Oath of Supremacy should be tendred to all their Members that so the Rotten ones may be cut off and new ones chosen in their room and to that purpose a Bill was prepar'd and sent into England and it seems that they did proceed to chuse new Members for the Corporations and Counties within their power in stead of those that were in actual Rebellion which was one of the Grievances the Confederates afterwards complain'd of And it is worthy Observation The Proclamation Burlace Append. p. 57. That the Lords Justices and Council finding the Rebellion to be so general that all Degrees and Conditions of the Irish had with hateful and bloody obstinacy either publickly or privately contributed to the Destruction and Extirpation of the Protestants and that those under Protection abused that Favour to murder and rob the English the more slily and securely they did by their Order of the Nineteenth of August revoke repeal and annul all Protections that had been given to any Rebel before that time which was one of the wisest Acts that was done in the whole War for nothing is more experimentally true than this That the English never or very seldom suffered by the Irish at open Defiance but have been often destroyed by their Perfidiousness and Treachery But to proceed In August the Lord Moor Sir John Burlace junior and Colonel Gibson with Fifteen hundred Men two Pieces of Battery and two Field-pieces marched into the Counties of Louth and Meath and took the strong Castle of Sedan with the Slaughter of Five hundred Rebels whereat the Lords Gormanstown and Nettervill were so frightned that the former quitted the Fort of Nabar and the other deserted the Castle of Newtown whereby those Counties of Louth and Meath were cleared of the Enemy And this good Success was followed by more of the same sort for the Captains Piggot and Grimâ—s defeated a Party of Eight hundred Rebels near Athy and killed Two hundred of them and the Lord Lisle in the midst of September marched without controul through West-Meath and Cavan and destroyed the Country burnt the Earl of Fingall's House and his Town of Virginia and at last sat down before Carrickmacross which after one days Battery was deserted by the Cowardly Ward But in October the Rebels to the number of Two
their Parties had commonly the Better tho' their Armies had commonly the worse in all Encounters Review 84. but there is no General rule without Exception so this Party of Horse was lost and the Foot thereupon quitted the Castle and Bridge and ran to find out their General who was securely posted amongst the Rivers and Bogs in Westmeath where the Scots faced and braved him but for want of Provisions could not stay long enough to do any great Prejudice nevertheless they hanged Nugent of Carlestown and burnt his House Upon the retreat of the Scots Castlehaven says that he followed them to Dromore and tells some fine Stories to his own Credit but the issue is that with much ado he got home again Owen Roe having failed of his promised Assistance In the mean time In July the Marquess of Antrim â—ound means to send Two thousand five hundred Irish to Scotland to joyn with Montross that so by giving the Scots Employment in their own Country he might divert them from sending Recruits into Ireland And it is to be noted that the Confederates did both send and receive Ambassadors to and from foreign Princes viz. They sent to France at several times Mr. Rochfort â—ather Mathew Hartegan Colonel Fitz Williams and Mr. Geofry Baron and received from France Mr La. Monarie Mr. Du Moulin and Mr. Talloon they sent to Spain Father James Talbot and had from thence Mr. Fuysot the Count of Beerhaven i.e. O Sullevan Beer and Don Diego de la Torres they sent to the Pope Mr. Richard Beling and afterwadrs the Bishop of Fernes and Mr. Nicholas Plunket and the Pope sent them first Peter Franciscus Scarampo and afterwards his Nuncio the Bishop of Firmo And therefore it is fit I give the Reader some Account of their Negotiation which I shall as I have information and opportunity and for the present shall feast him with some Extracts out of Father Hartegan's intercepted Letters who in November 1644. wrote to the Supream Council to the Effect following viz. That my Lord Abbot Mountague said to him in his Ear that he should write to your Lordships not to trust most of the English even the very Catholicks who have more National then Religious Thoughts That the Queen talking of Ormond said it was hard to Trust Believe or Rely upon any Irish-man that is a Protestant for every such Irish-man that goes to Church does it against his Conscience and knows he betrayes God That Clanrickard had something of Essex his Brother-in-Law otherwise he should be for the Catholicks which are known to be faithful to the King whereof no Man doubts now That he should know all little Passages Resolutions and Things that pass daily in Dublin Ulster and Cork and you should write the words uttered by Ormond Clanrickard and Insiquin even when they are at Table and in Conversation That you shall have Succours to prevent your inglorious falling to Peace and Rome and France will dispute who shall contribute most to you so that you may see Father Wadding and I do not sleep in your Affairs That Clanrickard Robs more from the Catholick Party than the Villanous Scots That the King is easie and not to be trusted That the Confederates are backward in declining the Old English That if they had Gallantry they might expect a Temporal Crown in reward That Castlehaven is more Nationally then Religiously inclined That Ormond is a Viper and an Idolater of Majesty That the Queen will be cast upon the Irish and therefore advises them to Play the cunning Workmen to take measure of her But we need say no more of this Embassador than what the Queen observes of him in her Letter to the Lord Digby Husbands 2 part 833. viz. That many things he hath written are Lies In England the Lord Macguire and Macmahon were brought to their Trial and found Guilty Condemn'd and Executed at Tyburn but because Macguire was a Peer of Ireland it was made a Question Whether he could be Tried in England for Treason committed in Ireland since thereby he lost the Benefit of his Peerage And tho' it seems to me that the Point had been formerly determin'd in the Case of the Lord Leonard Grey who was Viscount Grany yet it held a long Debate and there being many Curiosities in that Trial I design to add it by way of Appendix unless this Book grow too Voluminous for such an Addition And in January began the Treaty of Uxbridge where the King's Power to make the Cessation was denied both because of His Delegating the Management of the War to the Parliament and because of the Interest of the Adventurers To which it was answered That the King by authorizing the Parliament did not exclude Himself There were also reciprocal Accusations and Recriminations from each Party to the other which are too tedious to be here recited and therefore I refer the Reader for them to Dugdale's View of the late Troubles where he may find them at large Nor is it to be omitted that even whilst this Treaty was in agitation and in order to it the Treaty with the Irish was in effect superseded a certain Irish Lord was no less unseasonably than importunately pressing His Majesty to be made a Privy-Counsellor and to have a Custodium granted him of Sir Robert King's Estate tho' either of these being granted and divulg'd would have dash'd in pieces all Hopes of Reconciliation between the King and Parliament So little did they consider the King's Interest when it stood in competition with their own And when I have added That the Confederates did publish a Declaration of the Terms upon which Protestants might live within their Quarters which is to be found Appendix 11. and that the Citizens of Dublin being numbred on the Eighth of August were found to be 2565 Men and 2986 Women Protestants and 1202 Men and 1406 Women Papists I have inserted all that I think material for the Year 1644. The Year 1645. could not begin better than in reviving the Treaty of Peace which was then reassumed if the Confederates had proceeded candidly and sincerely therein but they perceiving that Ormond would never be prevailed upon to grant them the Terms they desir'd did keep this Treaty on foot to cover their other Designs and in the mean time by their Agent Colonel Fitz-Williams they propos'd to the Queen That if Her Majesty would prevail with the King to condescend to the Just Demands of the Irish at least in private that then they would assist His Majesty with Ten thousand Men. Whereupon the Queen either through Her Indulgence to Popery or to purchase so considerable Aids for the King did promise Her utmost Endeavors to effect their Desires and accordingly She sent Sir Kenelme Digby to Rome where he made the Articles recited at large Appendix 26. which nevertheless had no effect because the * * Vindiciae eversae 48. King could not by any means be brought to confirm them And She
they explain this not to Import any thing inconsistent with the Peace nor to breed an Interruption or Impediment of it but to farther its Performance And tho' this Declaration notwithstanding any Explanation they could make of it was diametrically opposite to the Nature and Design of a Peace because this would reduce them to the Obedience and Condition of Subjects and that would still keep them up in the Condition of a Separate State yet there was a deeper Intrigue in this Matter viz. That if they would not part with their Association it necessarily followed that they could not part with their Army which was the Ligament and Support of it And therefore notwithstanding Glamorgan's Concessions yet that Earl must have Patience and wait for the expected Succors until the King should publickly ratifie what his Lordship had privately done and they did not doubt but the same Necessities continuing or rather encreasing would compel His Majesty to comply with their Expectations And in order to bring about their Designs they continued the Treaty with Ormond until the 21th of November and to cloak their Intrigues the whole Assembly on the Ninth of September did Vote That they would send Ten thousand Men to aid the King and would refer to His Majesty's Pleasure such things about Religion as Ormond either had not Power or not Inclination to grant But on the Fifteenth of November following they did in effect invalidate that Vote by alledging That they never undertook the Transportation of the Ten thousand Men to help the King but intended only their Assistance therein Nevertheless I must not conceal that the Anti-Nunciotists do aver That they design'd sincerely to send Succours to the King and to conclude a Peace with the Marquis of Ormond on the Terms afterwards agreed on and to refer the Secret Articles about Religion to His Majesty's Pleasure wherein they doubted not of as much Condescension as His Majesty could safely give because it had been so promis'd to them by the Earl of Glamorgan But the Nuncio arriving in Ireland in the nick of this Business quite altered their Measures and confounded their Affairs And whether it be so or not is scarce worth our Inquiry since we are sure of these few Truths That the Confederates sent no Succors at all to the King nor made the Peace till it was too late and did most perfidiously break it almost as soon as it was made But we must make room for a very extraordinary Man John Baptista Rinuccini Archbishop and Prince of Firmo the Pope's Nuncio who arrived in the River of Kilmair on the 22th day of October He sent before and brought with him 2000 Swords 500 Petronels 20000 Pound of Powder and Five or Six small Trunks of Spanish Gold and had in his Train 22 Italians besides several Clergy-men His Frigat which carried but 21 Guns was closely pursued by Captain Plunket in a Parliament Ship and had certainly been taken or sunk if the Cook-room of the English Ship had not accidentally taken Fire Never were People more troubled at a Disappointment than were the Seamen at this and yet scarce any Disappointment was ever more lucky For this Nuncio afterwards renew'd the fatal Distinction between Old Irish and Old English and split the Irish into * * Clerum ac populum primum diviserit mox inter se comiserit ac siâ— utriusque ruinae viam patefecerit Beling in Preface Factions which very much contributed as well to their Infamy as their Ruin He was receiv'd at Killkenny by the Supreme Council with extraordinary Joy and Respect and in a solemn manner was conducted to the Castle and in the great Hall he made an Oration in Latin to the Lord Viscount Mountgarret President of the Council Sancte jurat nâ—hil se contra 〈◊〉 regis commoda moliturum Beling 15. and amongst other things he did religiously swear to attempt nothing prejudicial to the King Nevertheless he was so little mindful of that Oath and had so small regard to the Peace and true Interest even of the Papists of Ireland that tho' he knew that the King in hopes of Succors from that Kingdom did so earnestly desire a Peace that the Fanaticks revil'd him with being an Humble Suitor to the Rebels for good Terms yet he made advantage of the King's Necessities and refus'd any Agreement that should not restore the Ecclesiastical Revenues and the Splendor of Popery and accordingly he positively wrote to his intimate Friend the Bishop of Killalla That if the Supreme Council should agree with Ormond he would take all the Bishops with him and leave the Kingdom But the Reader must take notice that all this while Ormond and the English were totally ignorant of the secret Negotiations of the Earl of Glamorgan until after the Defeat at Sligo which hapned on the 17th of October at which time the Titular Archbishop of Tuam was slain and in his Trunks was sound amongst other Papers a Copy of the Articles made with the Earl of Glamorgan which discovered such an Ocean of Contrivance and Intrigue as amazed the whole Protestant Party The Articles of this Peace and the Commission it was sounded upon and the Oath taken subsequent to it are all mentioned Appendix 27. which were so destructive to the Protestant Religion that Ormond and the Cavaliers could not believe that the King ever intended them in which Opinion they were confirm'd by the Asseverations of the Lord Digby That the Earl of Glamorgan had no such Commission or if he had it was surreptitiously obtain'd But however that were it was necessary to vindicate His Majesty's Reputation in an Affair so disobliging and scandalous and therefore the Lord Digby did on the 26th of December Impeach that Earl of Suspicion of Treason at the Council-board whereupon he was committed to Pâ—ison and a * * Earl of Roscomâ—n Lord Lambart Sir Jam. Ware Committee was appointed to take his Examination and an Account of this whole Proceeding was on the Fifth of January sent to the King whose excellent Answer thereunto is here recited verbaâ—im Appendix 28. But the Earl of Glamorgan upon his Examination confessed That he made those Concessions but that it was done under mutual Oaths of Secresie and That he conceived he had Warrant for what he did and That he did it with design to serve His Majesty and not to hurt the Protestant Religion Circumstances considered and That he conceives those Articles are not Obligatory to His Majesty and That he did not engage His Majesty's Faith or Honor further than by shewing his Authority and leaving it with them And then he gave the Committee Counterparts of all the Writings between him and the Irish And tho' the King was exceeding angry at the first News of this Affair as what he foresaw would be made use of by the Parliament to justifie all the Aspersions they had laid upon him in point of Popery yet when he had calmly considered that the Earl's
not a little influencd by the Queen and upon her account by the French who had an Agent in the Scots Camp they pretended Zeal for the King's Re-establishment and the Cardinal did really give the Lord Digby 10000 Pistols for the Service of Ireland which he brought to the Marquis of Ormond in July Nevertheless by what they did to the Irish Agents in France and the sequel of the whole Affair it is manifest that they were Ambodexters and their Interest lying in the Confusion and Desolâ—tion of these Kingdoms they did what they could to keep them embroil'd However the King confided much in this French Agent and it was he that managed the Treaty between His Majesty and the Scots and either he did really obtain or persuaded the King that he had got from them these following Concessions viz. 1. That they would not endeavour to Force his Conscience 2. That they would afford a safe Retreat amongst them to all His Majesties faithful Servants and Adherents And 3. That by Force or Treaty they would endeavour to reestablish him in his just Rights And upon these Terms the King went from Oxford to the Scots Camp near Newark from whence they removed him to Newcastle And whilst he was there lying under the deep Resentments of the Ingratitude and Perfidy of the Irish Rebels who always heightned their Demands as his Necessities encreased and clogg'd their Promises of Succours with harder Conditions than were fit to put upon any Christian not to say their King viz. the Subversion of the Religion he profest he was prevail'd upon by his Letter of the 11th of June 1646. to prohibit the Marquis of Ormond from Treating with them any â—arther To this Letter the Lord Lieutenant and Council returned the following Answer That they will not proceed in the Treaty and that the Rebels have three Armies in the Field viz. Munster Army which is before Bunratty Conaught Army which is before Roscomon and Ulster Army which hovers towards Dublin and that the Parliament Frigats are in the Harbor and all over the Coast hindering Provisions c. from coming to them and that the Cessation will determine the 13th of July and that they have but 13 Barrels of Powder and want all other Necessaries for the War and therefore they hope to renew the Cessation for a month and in the mean time do earnestly pray for Supplies adding That they cannot be sure that those that unprovoked fell upon them in a time of Quiet will not break a Cessation as soon as they find themselves baffled in their Expectations of a Peace And as to the unfortunate Battel at Bemburb wherein the Lord Blany was slain and the Lord Mongomery was taken Prisoner as soon as it was over Mr. Annesly and Mr. Beale by their Letters importuned the Lord Lieutenant to declare against the Irish which at that time he could not presently do in regard of the Cessation that was not then expired but upon the Tenth of June the Lord Folliot Monroe and Sir Charles Coot joyned with the others in an Address to the Marquis of Ormond to the same purpose and the Lord Folliot and Mr. Galbreth came with it although they had no safe Conduct or Passport for doing so which is the more strange because those Commissioners Mr. Annesly and Beale had refused a Pass to a Messenger Ormond would have sent to the King unless they might know his Errand and because in this Address they did not give Ormond the Title of Lord-Lieutenant Nevertheless his Excellency answered them That he would joyn with them and as soon as the Cessation expired viz. 13 July would declare against the Common Enemy Provided they would submit to His Majesties Authority But they who had all their Support from the Parliament could not do that and so this Negotiation determined without effect And in this condition stood Affairs when on the Fourth of July 1646. the Lord Digby one of the Secretaries of State and afterwards Earl of Bristol returned to Dublin from France and assured the Marquis of Ormond That notwithstanding the King's Letter of the Eleventh of June which was extorted from him by Duress and proceeded from Ignorance of the posture of Affairs in Ireland and particularly of the Advances of the Treaty of peace it was His Majesties Pleasure That a Peace should be concluded with the Irish and that he had a positive verbal Message from the King to that purpose and thereof he made a solemn and formal Protestation before the Lord Lieutenant and Council which being reduced to Writing was entred at large in the Council-Book at Dublin on the Twenty eighth of July and thereupon they proceeded to the Conclusion of the Peace which was perfected on the Thirtieth of July and is contained in the Articles mentioned Appendix 24. And the next day they wrote to His Majesty a full account of what they had done and desired His Majesty to send them no more Verbal Orders especially such as contradict the Written ones lest they want Vouchers of their Obedience to His Majesties Commands and be thought Disloyal in doing those things which nothing but Duty could make them do The Peace being thus made was solemnly Proclaim'd in Dublin and by General Preston in his Camp and the King at Arms and those of the Heralds-Office to the number of Ten with all their Formalities were on the Sixth of August sent to Proclaim it in the other Cities and Corporations of the Kingdom of whose Journey I will give an account in due time The Lord-Lieutenant did also send a kind Letter of the Third of August to Owen Roe to invite him to Dublin to give his Assistance towards the Settlement of the Nation and that General did on the Seventeenth return a very civil Answer importing That as yet he had no authentick Notice of the Peace from his former Masters but as soon as he should have it he would hasten to pay his Duty to the Lord-Lieutenant And on the Eleventh of August the Protestant Clergy made a grateful Remonstrance of Thanks to His Excellency for his Care of Religion and the Kingdom In the mean time the restless and indefatigable Nuncio had summon'd all the Popish Clergy to Waterford under pretence of an Apostolick Visitation and to prepare for a National Synod the famous Nicholas French Bishop of Ferns was Chancellor of this Congregation which being assembled notwithstanding their holy Pretences did nothing else but consult how to break the Peace they had so lately consented to and being puft up with the Success their Forces had met with this Summer and taking advantage of the distressed condition of His Majesty and his Army these Holy Fathers made short work with the Peace for on the 12th of August which was just a Fortnight after it was made they declared all those perjur'd that would submit to it and by solemn * * Appendix 30. Decree rejected it as not having sufficiently provided for the Liberty and Splendor of
prevent a Famine had turn'd out of the City and on the 20th the Lord-Lieutenant being informed that Jones had for want of Forrage sent part of his Horse to Tredagh his Excellency ordered Insiquin to pursue them which he performed with great success and having surpriz'd one whole Troop and routed Collonel Chidly Coot and 300 Horse whereof many were killed he follow'd the blow to Tredagh and being re-inforced with two Regiments of Foot and two Pieces of Artillery he besieged that Town whilst it was under consternation at the late Defeat Nevertheless the Garrison consisting of 600 Men defended the place with exceeding bravery until their Powder was spent and then they did a 30 June Surrender on Honourable Conditions and Collonel Coot with 150 Horse and 400 Foot marched to Dublin But whilst Insiquin staid at Tredagh he had notice that Lieutenant-General Farrell with 500 Foot and 300 Horse was gone to Convey a considerable quantity of Arms and Ammunition which Collonel Monke had upon Articles given to Owen Roe whereupon Insiquin sent a detached Party which met with and routed this Convoy and killed 500 of the Men and took all the Arms and Ammunition and what other Booty they had with them And it was from some of the Prisoners then taken that Insiquin was informed of the weak condition of Dundalk wherefore being resolved to prosecute his good Fortune he marched to besiege it and being assisted by the Lord of Ardes he forced Monk in two days time to Surrender the place whereunto he was necessitated by the Mutiny of the Garrison which else would have given him up Hereupon Monk went to England and was imprisoned for a short time as shall be hereafter related and Insiquin took possession of Dundalk and a considerable Magazine that was in it After this prodigious Success the lesser Garrisons became an easy Prey Newry Narrow-water Greencastle and Carlingford submitted to the Conqueror of course and Trim itself did not hold out above two days and so Insiquin having no more to do return'd trimphantly to the Royal Camp at Finglass with more Men than he first carried out And there we must leave him till I give a brief Account of the second Army viz. that of the Presbyterian British and Scots which was so powerful under the Command of the Lord of Ardes that it seized upon Belfast and Carifergus and most part of Ulster and some places in Conaught But they had entertain'd such inconsistent Principles that it was impossible for any other Party to joyn with them and yet they were too weak to stand alone so that their Ruine was inevitable nevertheless it was hastned by their Divisions for when their General the Lord of Ardes perceived that by the Manifesto they published they declared an Abhorrence of the Murder of the late King which rendered their Conjunction with the Parliamentarians impossible and that they published no less Aversion against the Irish so that they rejected any Correspondence either with Owen Roe or the Supreme Council and as well for that reason as because they would not own the new King there was no hopes of their Union with the Cavaleers he saw the necessity of his doing something without them that might strengthen their Party by a powerful Alliance and Conjunction and being offered by the Lord-Lieutenant a Commission to be Chief Governour of Ulster he was easily prevailed upon to submit to the King's Authority which he did in the latter end of April and being joyn'd with the Lagan Forces which were weakned by the Surprize of Sir Robert Steward and Collonel Mervin at a Christning by Sir Charles Coot who sent them Prisoners to England he went to besiege London-Derry where we will likewise leave him and give an Account of the third Army viz. that of the Supreme Council's This Army was mix'd I cannot say incorporated with the King 's by the late Peace and so continued until after the Defeat at Rathnines but having a distinct Interest from the Protestant part of the King's Army and a National and Religious Aversion unto them they never did any service together where ever the Irish were the Majority and in the end most of the Irish being seduced by the Clergy did desert the King's Service some privately and others more openly their Towns became ungovernable and their Clergy grew Mutinous and rejected the King's Authority in the Lord-Lieutenant so that at length their pretended Loyalty became the Scorn and Contempt of their most inveterate Enemies as shall be related in its proper place And as for the fourth Army which was under the Command of Own Roe it consisted of natural Irish and fierce Nuntiotists and this General was so enraged at the Supreme Council both because they did not comply with the Nuntio and because they did not in their Articles of Peace provide for the Restitution of the Escheated Lands in Ulster that he chose rather to correspond with the Parliament then with them And therefore he did on the 8th day of May enter into Articles with Collonel Monk not only for a Cessation for three Months but for mutual Assistance within that time and that Monk should furnish Owen Roe with Ammunition if he wanted and should suffer Ships with Arms Money c. that should be sent to Owen Roe to Harbour in any of the Parliament's Ports And it was in vertue of this League that Lieutenant-General Farrell had the Ammunition from Dundalk which Insiquin took from him as hath been already related And this Irish General did at the same time make some extravagant Proposals which being granted he and his Army would embrace the Service and Interests of the Parliament of England But tho' they were never consented to yet during this League of three Months he did faithfully observe his Agreement to the great prejudice of the King's Army and to the great advantage of the Parliament's Forces which else would have been in an ill condition Moreover he did on the 22th day of May make a League with Collonel Richard Coot in the behalf of Sir Charles Coot and pursuant thereunto and in consideration of 2000 l. in Money and 2000 Cows and some Ammunition he did oblige the Lord of Ards and the Lagan Forces to raise the Siege of London-Derry on the 8th day of August Nevertheless when the Parliament of England were acquainted with these Transactions they Disavowed what the one and the other of these Commanders had done with Owen Roe And tho' Sir Charles Coot being absent escaped with a severe Check only yet Monk who was then in England was Imprison'd and Displac'd and tho' when he was brought to the House he gave good reasons for what he had done and demonstrated the Advantages that the Parliament had acquired by it yet the House would by no means approve it but on the contrary made the following Votes Resolved c. That this House doth utterly Disapprove of the Proceedings of Collonel Monk in the Treaty and Cessation made
Lord-Lieutenant and consequently of the King's Authority placed in him was done by the * Vnanimi universi cleri consensu vindiciae versae 25. Universal Consent of the Clergy Nor is this Affront to be wondered at being done with some sort of Order and Formality but it would amaze one to see the Captain of the Guard of young Men at Galway with the Rabble at his heels searching in every Corner for the Lord-Lieutenant as a Criminal or a Thief not but that they knew he was not in the Town but they did it at the instigation of the Clergy meerly to bring contempt on his Person and Authority and for the same reason that we hang fugitive Traytors in Effigie And which is yet more strange when Mr. Beling to lessen the Guilt of the Irish would palliate the matter by saying they did not force the Lord-Lieutenant out of the Kingdom Constat enim eum tum discessisse quia Prelati omnes unanimiter sub censuris vetuerant ne ullus illius pareret mandatis aut partes Sequeretur Vindiciae Eversae 173. The Reverend Father Ponce flies in his face and being loath to lose the merit of such a glorious Action he affirms That they did expel the Lord-Lieutenant and that they did force him away as much as a Man is forced to leave a sinking Ship 'T is true says he Ormond might have staid but no body would have obeyed him after our Excommunication and therefore we may truly say We compelled him to go And thus do these bigotted Zealots glory in their Shame and after all this have the confidence to claim the benefit of the Articles of 1648 which they had thus so publickly and so peremptorily not only violated but dissolved Non discessit ergo lubens nisi ut lubens voluntarit projicit quis metu naufragii merces in mare ne navis ipsemet una peâ—eat sic autem lubentem discessisse non arguit quin potestate Prelatorum factum sit ut discesserit Ibidem Sufficiebat ad expulsionem Ormonii Prelatos cavisse sub Excomunicatione ne quis partes ejus sequeretur ne quis obtemperet mandatis quamvis esset prorâ—â— Ibid. 174. But as these Prelates were exceeding rash in denouncing this Excommunication so they were altogether as light and inconstant in the publication of it for it was not promulged until the 15th day September and the very next day they suspended it again as appears by the following Letters to the Officers of the Army SIRS YEsterday we have received an Express from the rest of our Congregation at Galway bearing their sence to suspend the effects of the Excommunication proclaimed by their Orders till the Service of Athlone he performed fearing on the one side the Dispersion of the Army and on the other having received most certain intelligence of the Enemies approach unto that place with their full force and number of fighting Men and thereupon would have us concur with them in suspending the said Excommunication As for our part we do judge that Suspension unnecessary and full of Inconveniencies which we apprehend may ensue because the Excommunication may be obeyed and the Service not neglected if People were pleased to undertake the Service in the Clergy's Name without relation to the Lord of Ormond or any that may take his part Yet fearing the Censure of Singularity in Matters of so high a strain against us or to be deemed more forward in Excommunicating than others also fearing the weakness of some which we believe the Congregation feared we are pleased to follow the Major Vote and against our own Opinion concur with them and do hereby suspend the said Censure as above Provided always that after that Service performed or the Service be thought unnecessary by the Clergy or when the said Clergy will renew it it shall be presently incurred as if the said Suspension had never been interposed And so we remain Corbeg Sept. 16 1650. Your Affectionate Loving Friends In Christ Jesus Walter B. Clonfert Charles Kelly Nor is the following Letter less remarkable Our very good Lords and Sirs THe Colonels Mr. Alexander mac Donnel Bryen O Neil and Randal mac Donnel like Obedient Children of Holy Church have offered themselves to put up for the Clergy and that before publication of the Declaration and Excommunication God will bless their good intentions They go now to joyn with you on this side the Shannon and by making one Body to put forward our Cause This is the best way we can think of to encourage the Well-affected and curb the Malignant and Obstinate The Lord Bishop of Killaloe being taken Prisoner by the Lord-Lieutenant the Cavaliers would have had him forthwith hanged if his Excellency had given way thereunto His Excellency is giving Patents to as many Catholicks as are Excommunication-proof Ireland is an accursed Country that hath so many rotten Members Though things go hard with us God will bring the Work to a good end When you meet with those Colonels confer of what Service to take in hand Est periculum in Mora Praying to God to protect you in your Ways we remain To our very good Lords the Earl of Westmeath the Lords Bishops of Leighlin Cloanmacnois and Dromore Sir James Preston Colonel Bryan mac Pheilim and the rest of the Commanders of the Leinster Forces Galway Sept. 21st 1650. Your very Loving Friends Joan. Rapotensis Fr. Aladensis Nich. Fernensis But the folly of this Congregation was yet more manifest in that they set the People loose from all Government Civil and Military at a time when a potent Enemy was in the Field without directing them whom to obey any otherwise than by resorting to their Association until a General Assembly And if the Forces with Ormond and Clanrickard had obeyed this wild Declaration or thereby taken occasion to disperse the English would have passed the Shenin at both ends and would have spoiled both the Assembly and Congregation as they afterwards did And it is the more strange that the Popish Clergy should presume to dispose of the Supreme Authority and make themselves Judges of the Administration of Government because if the Articles of Peace had been violated the Commissioners of Trust were the proper Judges of that matter However those Prelates were resolved not to submit to any Government but in such manner and by such Persons as they should like which plainly shews how much it doth import the Temporal Magistrate not to trust them nor their Abettors with power enough to bring those matters in dispute In the mean time the Scots having already declared against the Peace with the Irish and having the Ascendant over the King to the degree of imposing the Covenant upon him did also prevail with him much against his will to publish a Declaration against the Peace made with the Confederates which was proclaimed at Dumferling on the 16th of August 1650 By which * Et plane Tiranicam Vindic Eversae 49. Tyranical Declaration
own Subjects and hazard the Quiet of their Kingdoms or States To these we have answered elsewhere We cannot sufficiently wonder that Men having no Spleen or Malice to our person have yet been so transported by their desire to have a Governour to their mind as to asperse us with so many Untruths as they have been detected of in this Discourse Or why if their Charity be such as they speak of they choose not rather to deal freely with us in private when we so often provoked them to it than to joyn with others to keep us here against our inclination as if it were on purpose to send us away irrecoverably blasted in Honour and Reputation by their publick Declaration As to the Commissions here mentioned to be given by us against Limerick the many Provocations Disobediences affronts and Challenges of Dues by the Commissioners applotted on them required much more at our hands than we did Which you will find by the ensuing Discourse though therein we are necessitated to re-assume in part what we formerly said of the demeanor of that City That we having for a long time observed the great Disadvantage his Majesty's Service in the Conduct of the War hath been subject unto for want of Garrisoning the Army in the principal Cities and Towns of this Kingdom whereby the Army could not but be undisciplined and unfit for Action the Country where we have been forced to Quarter them at large burthened and destroyed and the said Cities and Towns on the Defence whereof depended the Preservation of the Kingdom with the Lives Liberties and Fortunes of all his Majesty's good Subjects therein in apparent hazard of being lost upon the approach of an Enemy as by sad Experience hath been verified in the loss of some Places of importance for the want of the seasonable admitting into them of fitting Governours and Garrison Souldiers We did on the 14th of January last propose unto the Commissioners authorized by us in pursuance of the Articles of Peace that then immediately Limerick and other Places should be strongly Garrison'd and Fortified and in pursuance of the said Articles we offered unto them the Names of three Persons of the Roman Catholick Religion that out of them they might choose one for the Command of Limerick But the Plague increasing at Kilkenny together with the necessity of dissolving the Meeting then there and for other important reasons the Election of a Governour of the said City of Limerick was deferred to the end that at our coming thither we might in the manner prescribed by the Articles of Peace make Choice of such a Person and Garrison as might be at once fit for so important a Charge and beyond all possiblity of being lyable to just Exception from that Corporation We leave it to the Commissioners and others that then attended us to witness what pains we there took to satisfie those of that City in the necessity of their speedy receiving a Governour and Garrison in relation to all the Interests that can be of value with any People What our Patience was in passing by many Disrespects and Marks of an Unworthy Distrust put upon us there as particularly the Officer commanding the City Guards neither came to us for Orders nor imparted any to us that no Officer of the Army nor any other Person could without special leave and that hardly obtained from the Mayor be admitted to come to us to receive our Commands and Directions for resisting the Rebels than by this means prevailing in the County of Limerick and other places and that the Lord Viscount Kilmalloc a Peer of the Realm and an Officer of the Army was we being upon the place restrained of his Liberty ☜ for no other reason than for Quartering by our Orders for one night some few Horse under his Command in the Liberties of the City When through such their Deportment we despaired of perswading them to the ways leading to their proper Safety and also judged it far beneath the Honour of our Master to remain any longer in a Place where such Affronts were put upon his Authority intrusted with us we determined to remove from thence to Logreogh appointing the said Commissioners and as many of the Roman Catholick Bishops as were within any convenient distance to meet us there on the 9th of March Where being met we declared unto them the necessity of Garrisoning that City and gave them some notice of our resentment of our Usage there yet sparingly in hope that by their means they might be brought to consent to what was so necessary for their own Preservation and in time to a better understanding of their Duty to his Majesty's Authority Whereupon the said Commissioners by two of their Number directed very pressing and rational Letters to that Corporation to the effect proposed by us offering them their Choice of five Persons for the Martial Government of that City all of the Roman Catholick Religion of considerable Interest in the Kingdom and of unblemished Reputation And the Bishops do affirm That they accompanied those Letters with others from themselves perswading that Obedience should be given to what was required by us with the Advice and Consent of the said Commissioners To all which they returned Answers to these employed to them wherein in direct Violation of the Articles of Peace whereunto they were obliged and which was proclaimed in that City they presumed to propose the raising of new Forces of their own choosing what Men to receive how and whence they should be supported by whom their means should be raised and collected into whose hands it should be put and in short wholly omitting to declare any thing concerning a Governour assumed to themselves all the Power in that City that by his Majesty is placed in us and by the Articles of Peace in the Commissioners These Propositions coming to us before our meeting with the Commissioners at Athlone we directed our Letter of the 9th of April to those employed to them with direction to impart it to the Corporation In these our Letters we manifested our dislike to such parts of their Presumption as tended to a dangerous Distinction and Dividing of the Nation and to the Diminution of his Majesty's Power even as the same is for a time in some things limited by the Articles of Peace and added to their Choice of Government the Lord Marquess of Clanrickard But in their Propositions which might be understood to proceed only from a fear of being over-burthened for the want of the punctual Payment of the Men that should be admitted we gave them assurance of Satisfaction as far as in us lay And the Commissioners being at Athlone and made acquainted with their Answers did again propose unto them some things nearer to their own sence But all their Forbearings Condescentions and mild Perswasions have produced in them no other effect than an obstinate and peremptory Persistance in their Disobedience with an Aggravation of it by their rejecting
Conditions and that he would procure an Assembly in Leinster to prepare Matters for a Treaty with the Enemy That in the presence of Lieutenant-Collonel Cusack O Shagness ' s Son Florence Mac Carthy Phillip Roch and John Roch at several times he spoke to the same effect and added That he would rather joyn with the Turk against the King than Serve him who would sign to such a Declaration and do so unworthy a thing against the Irish And being told That perhaps the King was forced to it he replied That is all one for they who forced him to that would force him to do more disadvantagious Things to this Nation and therefore the Nation play'd the Fool if they did not timely provide for themselves and being demanded How could they better themselves he answer'd That if he cou'd get no other he wou'd call in the Turk And upon farther Discourse about the Excommunication Mr. Mac Carthy and Mr. Roch said That Lay-men should not judge of Ecclesiastical Censures and Talbot replying That every Christian might safely obey the Word of God in submitting to the King and also uttering some words against the Bishop's Excommunication and those that should obey it they told him in Spanish That they never heard any Man speak so much aginst the Good of this Nation and Religion as he did That Sir James Preston corresponds with the Bishops at Galway and wrote to them That the King has taken the Covenant and declared against the Peace and sends them Copies of the Orders and Letters he receives from the Lord-Lieutenant That he bragg'd That he had Credit with Ireton and should have liberty to transport three or four thousand Men and often said That no Men in the Kingdom were more for an Agreement with the Parliament than his Father and himself c. So far that Letter And Thomas Dungan did also certifie That he heard very Seditious Discourse from the said Sir James Preston and particularly That he blamed his Excellency for sending his Father Orders to surrender Waterford whereas I my self have seen General Preston's Original Letter to the Marquess of Ormond setting forth the impossibility of defending that place and importuning Orders to deliver it up and when I have added that on 7 September 1650. Col. Grace was imprison'd for Correspondence with Ireton And that it was a common saying among the Nuntionists That if they must submit to a b Quando alter utro e duobus Hereticis succumbere necesse est uter prevaleat utri parendum susque deque perendum esse Beling 336. Heretick viz. Ormond or Cromwell it was no matter to which And that they did Anno 1651 offer to submit to the Parliament but were refus'd by Ireton and oppos'd by Clanrickard I have offered all that I think fit to say upon this Subject at this time except an Account of the Marquess of Antrim which take as follows The Marquess of Antrim by his Priest Kelly had been intrigueing with Cromwell since his first Landing but from the taking of Ross the Correspondence between them became the more intimate and effectual So that on the Ninth of May his officious Desires to serve that Party prevail'd with him to importune a Conference with Commissary General Reynolds and the Bishop of Clogher and afterwards with that Bishop and Col. Owen the substance of which Conference copied from an Original Certificate under the Hands of the Commissioners is recited Appendix 49 and the design of it plainly is to asperse the Memory of King Charles the First and consequently to justifie and encourage his Enemies and that it was so understood by Ireton will be manifest from the Favours and Kindness he thereupon shewed to that Lord. For not long after this Conference Antrim had a Pass for his going into England and an Order from Ireton to go among his Tenants and levy what Money he could for his Journey by Vertue whereof he raised 1000 l. and so came to Chester Wednesday 3. December 1650. and sent two Servants before to London to notifie his coming and to send a Coach for him to Barnard on Munday following he carried with him a Letter from Ireton to the Council of State importing That He the Marquess of Antrim had done the Parliament Army singular Service since the first day they came before Ross and so recommended him to their Favour to compound for his Estate and the rather for that it did not appear that he had a hand in the beginning of the Rebellion and adds that he had Nine Months time given him to make his composition for two Months of which he was to be protected from all Suits On Munday Decemb. 9. he came to Barnard and not meeting the Coach he posted to London and came through by-ways to the Earl of Newport's where he met with Advertisement from the Servants that he sent before him That he was like to find but cold Entertainment from the Parliament and that therefore he should immediately return to Barnard till further Notice And he did endeavour it but being benighted he took up his Lodging at High-gate but before Morning the House was beset with the Constable and his Assistants and Antrim was secured whereof the Parliament being inform'd they gave Thanks to the Constable for his Diligence and ordered Antrim to return to Ireland within two days which he accordingly did and took shipping at Nesson December 30. without being admitted to the presence of the Parliament and undoubtedly they would have committed him to the Tower and have us'd him worse if it were not for the regard they had to Ireton's Honour But it is time to return to the Parliament Forces which despis'd all opposition and met with incredible Success Tecroghan Haristown Naas Ballymore Ballymallock Rabridge Tullo Athy Maryburgh and Castle-Dermond were without much trouble surrendered to Reynolds and Hewson as was also Carlow to Sir Hardress Waller on the 19th of August Waterford and Duncannon were likewise blocked up since the beginning of June so that General Preston Governour of Waterford who was on the Second of July created Viscount Taragh did on the same day send a Letter to the Lord-Lieutenant most earnestly importuning him for greater Supplies then his Excellency could send or for leave to surrender the City since his Wants were so great within it that it was impossible to keep it however Ireton did not Summon the City until the 25th of July and then the Popish Clergy who had been such great Incendiaries and such violent and obstinate Promoters of the War when they found themselves in danger were the most forward of all others to Capitulate and accordingly after a Treaty drawn out in length General Preston did surrender Waterford on the 10th day of August which was soon followed by the Rendition of Duncannon on the 14th Nor had Sir Charles Coot and Colonel Venables less success in Ulster for they took the strong Fort of Charlemont on the day of and as for the Castles
Peck full of Charms some of which had it thus written upon them This is the print of our Lady's Foot and whoever wears it and says twenty Ave Maries shall be free from Gun-shot And the like Charms were to free them from Pike or Sword as the party desired it And lastly that a bold Horse of the Lord Broghill's being ' twice wounded in this Battle became afterwards so cowardly that he was fit for nothing but the Coach But 't is time to return to Ireton who signified his Joy at this Victory by three Vollies of Shot throughout his Camp Nevertheless he found no likelihood of taking the City but on the contrary received many brisk Sallies from them in one of which they slew three hundred of his Men so that probably he had gone without it for that Year if the Town 's Men who had been always mutinous had not continued in the same humour still and pressed for a Parly Whereupon the Clergy threatned to Excommunicate them if they offered to Treat with the Enemy which in effect was they said To give up the Prelates to be slaughtered And they did actually fix a perpetual Interdict upon the Church-doors and other publique places but alass those Fulminations had been too loosely and impertinently used to retain any vertue now in time of need So that without any regard to them Colonel Fennell seized on St. John's Gate and the Mayor supplied him with Powder and countenanced him in the resolution to give up that Post to the Enemy unless the Garrison would consent to Capitulate In fine they did on the 29th day of October surrender that strong and important City upon severe Articles wherein the Governour the Bishop of Limerick and twelve more were excepted by Name as to Life and some of them particularly the Bishop of Emly and Alderman Dominick Fanning were executed it was computed that they lost 5000 People in the City during the Siege mostly by the Plague and other Sickness nevertheless after the surrender there marched out 1300 Souldiers and there still remained in the City 4000 Irish-men able to bear Arms. Limerick being thus taken and Sir Hardress Waller being made Governour of the City Ireton on the Fourth of November march'd towards Galway and being joyn'd with Sir Charles Coot they took Clare from whence Ireton sent a Message to the Town of Galway offering them good Conditions if they submit without putting him to farther trouble and severely threatning them if they refused the proffered Articles and it is probable these Comminations might have made impressions upon them if Ireton's Death which hapned at Limerick on the Twenty-sixth of November had not given them respite But it must not be forgotten that during the Siege of Limerick Sir Charles Coot encountered a Party of Fitz-Patrick's and O Dwir's Forces that had retaken Meleke Island and tho' they behav'd themselves so well that they bafled his Foot two or three times yet by the bravery of his Horse he worsted them at last and killed and drowned 300 of them and made the same Number accept of Quarter for Life But Ireton being dead the Parliament Commissioners at Dublin appointed Lieutenant-General Ludlow Commander in Chief of the Army until further Order should be taken in England in that matter And in the mean time Sir Charles Coot blockt up Galway at a distance and when Ludlow came to him they drew so near that the Assembly which sat there did in February importune the Lord Deputy to permit them to Treat with the Enemy about Conditions for the Settlement of the Nation protesting That they would insist upon advantagious and profitable Terms but the Lord-Deputy knowing it was more proper for him than for them to Treat for the Nation did on the Fourteenth of February write to the Commander in Chief of the Parliament's Forces upon that subject but he had no grateful Reply the English being resolv'd not to admit any Treaty for the Nation in general but those that would Capitulate should do it onely for themselves or the Towns and Places they respectively belong'd unto The Year 1652 began with the Surrender of Galway to Sir Charles Coot which happened on the Twelfth of May before any Storm or Assault was attempted and without consulting the Lord-Deputy tho' he was within half a days Journey of the place but indeed they had better Conditions than they could have had if the Parliaments Commissioners had been made acquainted with the matter and perhaps there was reason for it because the Town was exceeding strong and the loss thereof carried with it the Fate of Ireland and the determination of the Rebellion for what little Contests happened from henceforward do hardly deserve the Name of A Tory War Roscomon and James-Town were Surrendered to Col. Reynolds on the 27th of April and in Munster there was not a Garrison left them but Ross in the County of Kerry which being a Castle in an Island was thought impregnable but Ludlow caused a small Ship to be made and had it carried over the Mountains and set a float in the Lough at the sight of which the Irish were so astonish'd that they yielded up the place on the 27th of June and Inchylough was also surrendered to Col. Zanky on the first of August and about the same time the Lords of Westmeath and Muskry O Connor Roe Sir William Dungan Sir Francis Talbot and others submitted upon these Conditions ☞ That they should abide a Tryal for the Murders committed in the beginning of the Rebellion and those that onely assisted in the War were to forfeit two Thirds of their Estates and be Banished And tho' the Lord-Deputy did on the 16th of May take Ballishannon and the Castle of Donegal yet both those places together with Sligo and Ballymote were soon regain'd by Coot and Venables and the Lord-Deputy forc'd to shelter himself in the Isle of Carrick and having no part to friend nor any Party he could trust he also submitted upon very honourable Conditions Of not having any Oath imposed upon him and of having liberty to transport 3000 Men into the Service of any Prince in Amity with England And so on the 16th of March he was transported to England in a Parliament Ship and not long after died in London In the mean time Col. Charles Fleetwood who had married Ireton's Widdow was made Commander in chief of the Forces in Ireland he landed in the latter end of August and found the Military Service of the Kingdom in a manner finish'd so that what remain'd to manage were the Civil Affairs which were committed to him and the rest of the Commissioners of Parliament And they began their Administration of those Matters by Erecting a High Court of Justice to try those that were accus'd of the barbarous Murders committed in this Rebellion The first Court of this sort that was held in Ireland was upon the 4th of October at Kilkenny before Justice Donelan President and Commissary-General Reynolds
and Justice Cook Assistants and it sat in the same place where the Supream Council us'd to sit Anno 1642. Afterwards the like Court was held at Dublin before the Lord Chief Justice Lowther and others and there Sir Phelim O Neal was tryed condemned and executed and it is observable that being urged both at his Tryal and Execution to discover the Commission he had from the King for the Rebellion of 1641 and that he should be pardoned both for Life and Estate he confess'd in both places That he had no such Commission but that he took the Seal from a Patent he found at Charlemont and fixed it to a Commission he had caused to be written in the King's Name and that Michael Harrison then present in Court and confessing the same was the person that sticht the Cord or Label of the Seal with Silk of the same colour These Commissions issued in the Name of the Commissioners of the Commonwealth of England for the Affairs in Ireland and that for Conaught bore date the 17th day of December 1652 and was signed by Fleetwood Ludlow and Jones and was directed to Sir Charles Coot Peter Stubbers Humphry Hurd Francis Gore John Desborough Thomas Davis Robert Ormsby Robert Clerk Charles Holeroft John Eyre Alexder Staples and others but I mention these because they sat upon the Tryal of the Lord of Mayo which began the 30th of December and ended the 12th of January at which time he was condemned by the Vote of seven of the Commissioners Gore Davis Clerk and Holcroft dissenting and accordingly he was shot to Death on the 15th But his Case being variously reported it will be convenient to give a faithful account of it as it appeared upon the Tryal which was thus Upon the Surrender of Castlebar which was besieged by the old Lord of Mayo and the Prisoner then Sir Tibâ—â—t Burk it was agreed by Articles that the English should march away with their Arms and be safely convoyed to Galway and though they were deprived of their Arms contrary to the Articles yet the Lord of Mayo and his Son the Prisoner with their Followers conveyed them safely to Ballynecarrow and the next day to Ballinroab and the third day to The Neal where they left Sir Henry Bingham on pretence of his being sick but as was suspected to preserve him from the subsequent Massacre the fourth day they came to Kinlagh and the next day to Shrule which it seems was two Mile out of the Road to Galway there they lodged that night and the next morning on the 13th of February 1641 an Ambush was laid on the other side of the Bridge which as soon as the English got over the Bridge fell upon them and by the help of the Convoy murdered about fourscore of the English the Protestant Bishop of Kiâ—lalla and a few others only escaping This matter of fact was thus proved Four Witnesses swore that the Prisoner was present at this Massacre and did not oppose it and that the Convoy were the Murtherers and that the Lord Mayo's Fosterers Servants and Followers were of that number and it was proved that the Lord Mayo the Father engaged by Capitulation to Convey the English safe to Galway and that they were disarmed by his Command and some of them were Plundered and Stript by the way by the Convoy and could get no redress from the Prisoner or his Father that the Convoy pricked forward the English over the Bridge towards the Murderers and the old Lord Mayo went to a little Hill hard by to look on that the Prisoner was seen to come over the Bridge from the Murtherers after several English-men had been killed and had been actually amongst them with his Sword drawn that the Father refused to Convoy them any farther than Shrule and that the Prisoner was the first Man that entered Castlebar after the Capitulation And the substance of the Prisoner's Defence was That he had no Command of the Party but with two Servants only came to attend his Father that on the Outcry he went over the Bridge and drew his Sword with design to preserve the English but being shot at by one of the Murderers he got a Horse having lent his own to the Bishop of Killalla to make his escape and rode away before the Murther was commited and if he had not fled he had been killed himself and that he was kind to the English and preserved many of them both before and after and that the Protestant Bishop of Killalla had declared That he believed this Action was done in spight to the Prisoner and by Letter acknowleged his Civility to himself But to proceed the like High Courts of Justice were held at Cork Waterford c. but so many of the Murtherers had been destroyed by the Sword and the Pestilence that not above two hundred suffered by the hands of the common Executioner In the mean time on the 12th of August they passed in England an Act for the settling of Ireland wherein the Marquess of Ormond the Protestant Bishop of Derry the Earl of Roscomon and the Lord Insiquin were by name excepted from Pardon for Life or Estate equally with many others therein named that were guilty of the first Rebellion And so we are come to the Year 1653 wherein I cannot find any thing that looks like War and yet it was the 26th day of September before it was declared That the Rebels were subdued and the Rebellion appeased and ended Whereupon they immediately proceeded to the Distribution of Lands to the Souldiers for their Arrears and to the Adventurers for their Money And thus ended a REBELLION which began with TREACHERY and CRUELTY and continued with OBSTINACY against all the Tenders of MERCY and the utmost CONCESSIONS a Gracious King could make and was supported by an OATH of ASSOCIATION and Propositions annexed thereunto wherein there is not a word but breaths HIGHTREASON except a few of the first Lines which sets up the KING's NAME and AUTHORITY in PAGEANTRY and MOCKERY to be Crucified and Contradicted by all that follows FINIS A LETTER To the AUTHOR of the History of Ireland CONTAINING A Brief Account of the Transactions in that Kingdom since 1653. SIR I Do very well approve of your resolution to close the Second Part of your History of Ireland with the end of the Irish Rebellion for besides that it is impossible for you at this distance from the Records and Council-Books in Ireland to give so full and satisfactory an Account of that Kingdom from 1653 forwards as you have given of the time before it is certain that the Intrigues of the Acts of Settlement and Court of Claims the Transactions in the late Reign and the present stupendious Revolution will afford matter more than enough for another Volume nor indeed can your History be so compleat as I expect it will be if it were closed with any thing less than the Glorious Issue of the present War However I do not offer this
whereupon he this Examinant came to Connaught on Wednesday night last and finding the said Hugh come to Dublin followed him thither he came hither about Six of the Clock this Evening and forthwith went to the Lodging of the said Hugh to the House near the Boot in Oxmantown and there he found the said Hugh and came with the said Hugh into the Town near the Pillory to the Lodging of the Lord Mac-Guire where they found not the Lord within and there they drank a Cup of Beer and then went back again to the said Hugh's Lodging He saith that at the Lord Mac-Guire's Lodging the said Hugh told him that there were and would be this Night great Numbers of Noblemen and Gentlemen of the Irish Papists from all parts of the Kingdom in this Town who with himself had determined to take the Castle of Dublin and to possess themselves of all his Majesties Ammunition there to Morrow Morning being Saturday and that they intended first to Batter the Chimneys of the said Town and if the Citizens would not yield then to Batter down the Houses and so to cut off all the Protestants that would not joyn with them He further saith That he the said Hugh told him that the Irish had prepared men in all parts of the Kingdom to destroy all the English Inhabiting there to Morrow Morning by Ten of the Clock and that in all the Sea-Ports and other Towns in the Kingdom all the Protestants should be killed that night and that all the Posts that could be could not prevent it And farther saith That he moved the said Hugh to forbear executing of that business and to discover it to the State for saving of his own Estate who said he could not help it but said that they did owe their Allegiance to the King and would pay him all his Rights But that they did this for the Tyrannical Government that was over them and to imitate Scotland who had got a Priviledge by that course And he further saith that when he was with the said Hugh in his Lodging the said Hugh swore that he should not go out of his Lodging that Night but told him he should go with him the next Morning to the Castle and said if this matter were discovered somebody should die for it Whereupon this Examinant fained some necessity for his Easement went down out of the Chamber and left his Sword in Pawn and the said Hugh sent his Man down with him and when this Examinant came down into the Yard and finding an opportunity he this Examinant leaped over a Wall and Two Pales and so came to the Lord Justice Parsons October 22. 1641. Owen O Conally William Parsons Thomas Rotheram Robert Meredith Appendix III. A Copy of a Letter directed to the Lord Viscount Costilough from the Rebels of the County of Longford in Ireland which he presented to the State in their behalf Nov. 10. 1641. Our very Good Lord OUr Allyance unto your Lordships Ancestors and your self and the tryal of your and their performance of Trust unto their Friends in their greatest Adversity encourageth us and engageth your Honour to our fruition of your future Favours the fixion of our confidence in you before any of the Peers and Privy Counsellors of the Kingdom doubleth this obligation Your Lordship may therefore be pleased to acquaint the Lords Justices and Councel to be imparted unto his Sacred Majesty with our Grievances and the causes thereof the Reading of which we most humbly pray and the Manner of it First The Papists in the Neighbouring Counties are severely Punished and their Miseries might serve as Beacons unto us to look unto our own when our Neighbours Houses are on Fire And we and other Papists are and ever will be as Loyal Subjects as any in the Kings Dominions for manifestation whereof we send herein inclosed an Oath solemnly taken by us which as it receiv'd indelible impression in our Hearts shall be Sign'd with our Hand and Seal'd with our Blood Secondly There is an Incapacity in the Papists of Honour and the Immunities of true Subjects the Royal marks of Distributive Justice and a disfavour in the Commutative which raised Strangers and Foreigners above those whose Valour and Vertue was Invincible when the old Families of the English and the major part of us the meer Irish did Swim in Blood to serve the Crown of England and when Offices should call Men of Worth Men without Worth and Merit obtain them Thirdly The Statute of 2 Eliz. of force in this Kingdom against us and they of our Religion doth not a little disanimate us and the rest Fourthly The avoidance of Grants of our Lands and Liberties by Quirks and Quiddities of the Law without reflecting upon the Kings Royal and real intention for confirming our Estates his Broad Seal being the Pawn betwixt his Majesty and his People Fifthly The Restraint of Purchase in the meer Irish of Lands in the Escheated Counties and the taint and blemish of them and their Posterities doth more discontent them than that Plantation Rule for they are brought to that Exigent of Poverty in these late times that they must be Sellers and not Buyers of Land And we conceive and humbly offer to your Lordships consideration principiis obsta that in the beginning of this Commotion your Lordship as it is Hereditary for you will be a Physitian to cure this Disease in us and by our examples it will doubtless beget the like auspicious success in all other parts of the Kingdom for we are of opinion it is one Sickness and one Pharmach will suffice Sublata causa tollitur effectus and it will be recorded that you will do Service unto God King and Country and for salving every the aforesaid Sores your Lordship is to be an humble Suitor in our behalf and of the rest of the Papists that out of the abundance of his Majesties Clemency there may be an Act of Oblivion and general Pardon without Restitution or account of Goods taken in the time of this Commotion a Liberty of our Religion a Repeal of all Statutes formerly made to the contrary and not by Proclamation but Parliamentary way a Charter-free Denizen in ample manner for meer Irish all which in succeeding Ages will prove an Union to all his Majesties Dominions instead of Division a Comfort in Desolation and a Happiness in perpetuity for an imminent Calamity And this being granted there will be all things Quae sunt Caesaris Caesari and quae sunt Dei Deo and it was by the Poet written though he be prophane in other matters yet in this Prophetically Divisum Imperium cum Jove Caesar habet All which for this present we leave to your Honourable care and we will as we ever did and do remain Your very humble and assured ever to be Commanded Hugh mac Gillernow Farral James Farral Bryan Farral Readagh Farral Edmond mac Cael Farral John Farral in Carbuy Garret Farrel Lisagh mac Conel Farral
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
indeed had they any inclination to submit until they were baffled before Drogheda and his Majesties Army was Master of the Field why then should the Lords Justices who every day expected the Lord Lieutenant and had no Order to Pardon Murthers prostitute his Majesties mercy to those obstinate Rebels that did despise and affront it However as they were far from aiming at the Rebels Estates so they gave them demonstration of their Moderation and Indulgence even to a fault in their favours to the Earl of Westmeath Sir Morgan Cavenagh Sir Luke Fitz Girald Sir Robert Harpoole and O Farrell Sheriff of the County of Longford But with what Face can they complain of Sir Charles Coot's March to Wicklow to relieve that Castle Besieged by the Rebels since that was not till the 27 th of November before which time all the County was in open Rebellion and all the Englisb plunder'd and all the Castles and Towns surpriz'd two only excepted neither did he execute but one Woman who had some of the plunder'd goods about her and thirteen Men notoriously Guilty and what else were slain were killed in Battle and it is a wonder the Gentry of the Pale can so far forget their Birth as to express a concern for those antient Tories and old Enemies of Wicklow whose Incursions into the Pale were in a great measure prevented by this March certainly there would be no concern in this Case if it were not for the Confederacy And as to the Affair of Santry which the Remonstrants would Insinuate was sufficient to raise a whole County in Six hours that in six Weeks before could not raise Sixty men to serve the King or prevent the murder of Derrick Hubbert and other Protestants it was nakedly thus A Lieutenant without any Orders on the 5 th of December went out with Forty men upon information that some of the Murtherers of Hubbert were at Santry and finding there Four strangers with Arms newly come thither he slew them and went in farther search of the rest he expected to find thereabouts and he still affirms that these Four were Rebels tho' others say that one of them was a Protestant but at worst it was but an unlucky mistake and no cause of a general Rebellion especially since the Lords Justices on the 13 th of December sent them a true account of the matter Moreover Luke Netervills Summons and his Listing and Arraying of Soldiers was before this accident at Santry and it was impossible for Twelve hundred of them to meet in the posture they did on the 7 th of December at Swords if there had not been provision made beforehand for it however on the 9 th the Lords Justices sent them a civil Message to depart and Protection for Seven of them to come to them to Dublin but they kept the Messenger that night and sent a Mutinous Letter next morning demanding security of their Lives c. which being granted they despised and continued in that Seditious manner Robbing and Spoiling the Protestants until the 10 th destroying the Country and threatning even Dublin it self and in order to straiten the City they sent Parties to Clantarf Finglass and Santry at Clantarf they Robbed and Spoiled two English Barques and threatned to burn all the Vessels in the Harbour and the owner of the Town George King was in the Rebels Camp at Swords so that it was of absolute necessity to dislodge them thence and accordingly the 15 th of December Sir Charles Coot did defeat the Rebels and recovered some of the plundered Goods and burned the Village and on the 22 th of December the Rebels were likewise beaten from Finglass and Santry That the Lords Justices by their dispatch to the Parliament did suggest their Fears that the Massacre was design'd against the old English and that therefore the old English and even Irish that continued Loyal should be encouraged to raise Men in defence of the Kingdom by promises of Honourable Reward and by their Letter of the 2 d. of December they did Invite the Lords of the Pale to Dublin to consult of the best means to stop the Rebellion So far were they from putting any necessity upon those of the Pale to be Rebels themselves and what answer those Lords gave and what was done thereupon is mentioned at large in this History That Sir James Dillon who gathered near Two Thousand Men under pretence of carrying them to Spain and had at his own Request received Fifty Arms from the Government for his defence not only refused to suppress the Rebels of the County of Longford but also joyned with them himself and made use of his Majesties Arms against those that lent them to him Dundalk and a Foot Company in it Surrendered upon the First Summons and Drogheda had done the like if the Lord Moor had not prevented it and on the 10 th of November the Lord of Louth delivered up his Commission to Govern that County and soon after went into Rebellion The County of Wicklow broke out the 12 th of November as Wexford and Caterlagh did on the 21 th and the Country of Louth on the 24 th and Meath about the same time so that they were all engaged before any thing happened either at Clantarf or at Santry And as to Lieutenant Colonel Read it is true Three Lords and Four Gentlemen did joyn in a Petition in the beginning of January and did pretend to send Read with it to the King but though he pressed to be dispatched yet they delayed it Three Months expecting the success of the Siege of Tredagh which proving unfortunate to them Read was taken Prisoner and was not without president Racked for the discovery of things so highly conducing to the safety of a Kingdom To the Tenth the Lords Justices did never give any such direction to the Lord President of Munster as is untruly suggested much less would they do it whilst the Province was quiet the Peace whereof they sought by all means to provide for Neither would he have obeyed any such unrighteous and half Command himself being a Native of that Kingdom and allyed to the Old English and Irish and in all things lovingly affected to the People as long as they could be contained in their duty neither was he provided with Necessaries to begin a War nor would ever have entred into it if the Irish had not been the Aggressors On the contrary he constantly gave the Lords Justices notice of the Quiet condition of his Province and particularly of the Loyal Disposition of the Lord of Muskry who by reiterated Oaths had sworn to continue therein so that the Lords Justices sent particular Letters of Thanks and Encouragement to that Lord to whom the President likewise gave some Arms and there were Commissions of Government and Martial Law sent to the Natives of that Province as well as to those of the Pale The Leinster Rebels invaded the County of Waterford the beginning of December and though when
said Forces and hereby further requiring and authorizing you as Commander of them in chief to arm array divide distribute dispose conduct lead and govern in chief the said Forces according to your best Discretion and with the said Forces to resist pursue follow apprehend and put to death slay and kill as well by Battel as other ways all and singular the said Conspirators Traitors and their Adherents according to your Discretion and according to your Conscience and Discretion to proceed against them or any of them by Martial Law by hanging them or any of them till they be dead according as it hath been accustomed in Time of open Rebellion and also to take waste and spoil their or any of their Castles Holds Forts Houses Goods and Territories or otherwise to preserve the Lives of them or any of them and to receive them into his Majesties Favour and Mercy and to forbear the Devastation of their or any of their Castles Forts Holds Goods and Territories aforementioned according to your discretion Further hereby requiring and authorizing you to do execute and perform all and singular such other thing for Examination of Persons suspected discovery of Traitors and their Adherents parlying with and granting Protections to them or any of them taking up of Carts Carriages and other Conveniences sending and retaining Espials victualling the said Forces and other things whatsoever conducing to the purpose aforementioned as you in your discretion shall think fit and the Necessity of the Service require further hereby requiring and authorizing you as Commander in chief to constitute and appoint such Officers and Ministers respectively for the better performance and execution of all and singular the Premises as you in your discretion shall think fit And we do hereby require and command all and singular His Majesties Sheriffs Officers and Ministers and loving Subjects of and within the County of Meath and the Borders thereof upon their Faith and Allegiance to His Majesty and to his Crown to be aiding helping and assisting to you in the doing and executing of all and singular the Premises This our Commission to continue during our pleasure only and for the so doing this shall be your sufficient Warrant Given at His Majesties Castle of Dublin November 2 d. 1641. To our very good Lord Nicholas Viscount Gormanstown R. Dillon Jo. Temple Ja. Ware Rob. Meredith Appendix IX The Deposition of Henry Jones Doctor in Divinity and Dean of Kilmore I Henry Jones Doctor in Divinity in obedience to His Majesties Commission requiring an Account of the Losses of his Loyal Subjects wherein they suffered by the present Rebellion in Ireland Requiring also a Declaration of what traiterous Words Projects or Actions were done said or plotted by the Actors or Abetters in that Rebellion do make and give in this following Report of the Premises to the best of my knowledge As for the present Rebellion howsoever the breaking out of this Fire into a Flame began first on the 23 d. of October yet was it smoking as may well be conjectured for many years before God having given us many and apparent Grounds for the Discovery of it had they been duly considered or fully prosecuted to a discovery of which kind we find these following four particulars 1. The first that about three or four years since amongst many Books brought into Limeriek from foreign yarts and seized upon by the Reverend Bishop of that See as probibited being thereunto authorized by the State One had a written Addition to the first part which was printed the Manuscript containing a Discourse of the Fryers of the Augustine Order sometimes seated in the Town of Armagh in Vlster but by reason of the Times at that present resident as that writing imported in the City of Limerick in Munster that while it flourished at Armagh it was protected and largely provided for by the then Earl of Tyrone Since whose expulsion out of Ireland that Convent was also decayed and driven to those distresses it did for the present undergo but that within three years this is as I remember the time limitied Ireland should find that he had a Son inheriting his Fathers Vertues who should restore that Kingdom to its former Liberty and that Convent to its first Lustre or words to that effect This was related unto me by that zealous and learned Prelate Doctor Webb now Bishop of Limerick who saw and read the said passage purposing as his Lordship told me to send that Book to the Lord President of Munster to be taken into further consideration 2. Hereunto was added a second passage about the same time at Limeriek aforesaid where a Popish Priest gave out that within three years there should not be a Protestant in Ireland or words to that purpose with some other material Circumstances which I do not now remember yet all so concurring with the former or the first to this for which preceeded I know not both being about one time that it was thought fitting to be considered of the said Priest being sent unto the Lords Justices at Dublin and he committed to the Castle 3. The third did agree with the two former and fell out about the same time in the Country of Westmeath in the Province of Linster where Walter Nugent of Rathaspeck in the said County Eldest Son the Walter Nugent Esquire a Man of great Fortunes upbraiding an Irish Protestant who was the Parish Clark of Rathaspeck aforesaid with his Religion and both speaking Latin the said Newgent uttered these words Infratres Annos veniet tempus potentia in Hibernia quando tu longe likely meaning diu pendebis in cruce propter Diabolicam vestram Religionem The party to which this was spoken feared the power of the man and durst not speak of it only in private yet being called upon and examined juridically upon Oath he deposed these words And being demanded whether the words were in Hiberniam or Hibernia the first importing an Invasion the other an Insurrection at home he deposed the latter having time given him to consider of it These Examination were sent to Sir George Ratcliff Newgent was sent for and committed to the Castle of Dublin and remained in long durance but after was dismissed 4. Hereunto was added the fourth about the same time near the Nass about Twelve Miles from Dublin where a Popish Preist newly arrived out of Flanders did make his Address to the then Lord-Deputy and informed his Lordship of an intercourse of Letters between the Earl of Tyrone with others in Flanders and the Popish Primate of Armagh Rely concerning an Invasion within a short time intended upon Ireland the said Priest offering so his Person might be secured to direct such as should be thereunto appointed to the place where the said Letters were in the Custody of the said Rely Rely was thereupon sent for together with the Popish Vicar General of Armagh as I remember it both were committed to the said Castle of Dublin but soon after
was taken at such a day and hour with all the circumstances at large and Letters to that purpose dated from Drogheda by the Rebels that that besieged it That Dublin was taken and being infinitely Ambitious of gaining the Earl of Ormond to their Part for the greater countenance to their Cause giving out that he was their own which was so long believed by the said followers until that Noble Earl giving daily those Honorable Testimonies to the contrary and they finding it to their cost tho' with the hazard of his own Person further than his place might well allow they are now otherwise satisfied and place him in the rank of their mortal Enemies together with that terror to them Sir Charles Coot and others And thus have I laid down all that I have heard to me related omitting what I find others more largely to insist upon All which their Treacherous vain and Airy projects God disappoint As for my own private sufferings by the present Rebellion I refer them to another Schedule this being so far taken up Hen. Jones Deposed before us March 3d. 1641. Roger Puttock John Stern John Watson William Aldrich William Hitchcock Appendix X. An Abstract of the Examination of Doctor Robert Maxwell afterwards Bishop of Kilmore THAT he observed Sir Phelim O Neal and other Irish overjoy'd at the Scots Invasion of England and as much dejected at the Pacification calling the English base degenerate Cowards and the Scots dishonorable Bragodochios that merchandiz'd their Honor for Mony and being asked the reason of their joy at bad news and their sorrow at good answered That if the Fewd had continued they hoped the Earl of Strafford would have perished in the Combustion That the Irish had frequent meetings Two or Three thousand in a company before the Rebellion and borrowed great Sums of Mony of the English without any apparent necessity but paid little or none that one Mac Case a Priest being disoblig'd by Sir Phelim inform'd the Lord Deputy Wandesford of a Plot but either he was not believ'd or said nothing to the purpose That Phelim O Neal brought home two Hogsheads of Powder under colour of Wine a little before the Rebellion and the Powder was bought by small parcels Ten or Twelve pound at a time in the Names of several Gentlemen and he brag'd that his Servants James Warren and Paul O Neal were in the Plot and apprehended but contrary to his expectation were dismiss'd at Council Table and that some Lord or other spoke for them there That Sir Phelim O Neal said that the Plot was in his Head Five or Six years before he could bring it to maturity and dissembled himself as a Fool to bring it about but since it was concluded on by the Catholick Members of the Parliament he was one of the last it was communicated to That Tirlogh O Neal Sir Phelim's Brother said that the business was communicated by the Irish Committee to the Papists in England who promis'd their Assistance and that by their advice some things formerly resolved on were alter'd and that it was a good Omen and Sign of Divine Approbation that the major part of the Irish Committee were Papists and that whilst the Protestants retir'd to a separate meeting at Chichester-Hall the remaining Papists sign'd a Combinatory writing of this Rebellion in the Tolsel which that Session drew on sooner than was at first intended That Sir Phelim said That if the Lords and Gentlemen of the other Provinces then not in Arms would not rise but leave them in the Lurch for all he would produce their Warrant Signed with their Hands and Written in their own Blood that should bring them to the Gallows and that they Sate every day at Council Board and whispered the Lords Justices in the Ear who were as deep in that business as himself That the Earl of Antrims Sister said Her Brother had taken Dublin Castle being removed thither to that purpose and her Brother Alexander had taken Carigfergus and that all Ireland was in the same Case with Vlster That the British should be preserv'd as long as it was consistent with publick safety and when not ' t is better an Enemy perish than ones self That Alexander Hovenden half Brother to Sir Phelim told him that the Fryers of Drogheda by Father Thomas Brother to the Lord of Slane had the Second time invited Sir Phelim and offered to betray the Town to him and Sir Phelim said of the same Fryer that he said Mass at Finglass on Sunday morning and in the afternoon did beat Sir Charles Coot at Swords and the Fryar being by answered that he hoped to say Mass at Christchurch Dublin within eight Weeks That several of the Irish Officers and Fryers said Why may not we as well fight for Religion which is the Substance as the Scots fight for Ceremonies which are but Shadows and that Straffords Government was intollerable and being answered that it lay no heavier on them than on the British they replied the British were no considerable part of the Kingdom and besides they were certainly inform'd that the Parliament of England had a Plot to bring the Papists to Church or cut them off viz. in England by English and in Ireland by the Scots that they were sure of aid next Spring from the Pope France and Spain and that the Clergy of Spain had already contributed Five thousand Arms and Powder for a whole Year then in readiness That the Priests and Fryers were their best Agents especially Paul O Neal upon whose arrival with advice from Spain the War broke out and since that he had gone to Spain with Letters and return'd back again with instructions in a Month. That being asked why they pretended a Commission from the King and at other times from the Queen they answer'd That it was Lawful for them to pretend what they could in advancement of their Cause and that in all Wars Rumours and Lies served to as good purpose as Arms. That Sir Phelim at first pretended only to Liberty of Conscience but as his Success so his Demands increased viz. To have all Offices of State and Justice in Irish hands and no Army Tithes and Church-Lands be restor'd to the Papists all Plantations since 1 Jacobi Dissanul'd no payment of Debts nor restitution of Goods to the Protestants all Fortiffcations in Popish hands British to be restrain'd from coming over Poynings Act and all Statues against Papists repealed and the Irish Parliament made Independent and even all this would not reduce Sir Phelim without a grant of the Earldom of Tyrone and the Priviledges of O Neal. That Sir Phelim pretended to a Prophesie that he should drive King Charles and his whole Posterity out of England to be profugi in terta aliena in aeternum and that several great Men drank a Health on the Knee to Sir Phelim O Neal Lord General of the Catholick Army in Vlster Earl of Tyrone and King of Ireland That he was informed That
by any Ships or other Vessels of what Country or Nation soever under their Power or Command or Waged Imployed or Contracted with on their behalf or by any Forts Garrisons or Forces within this Kingdom under their Power in their coming to this Kingdom or returning from thence 4. It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above named Parties do promise and undertake for and in the behalf of those for whom they are Authorised as aforesaid that all Ships Barks and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands of such as shall obey the Articles of this Cessation from any Potts in the Kingdom of England having his Majesties Pass or the Pass of any who is or shall be His Majesties Admiral or Vice-Admiral or the Pass of any Governor or Governors of any the Ports in England in his Majesties Hands or which shall hereafter during this Cessation be in his Majesties Hands or the Pass of the said Marquess shall not be interrupted by any of those for whom the said Lord Viscount Muskery and the rest of the above named Persons are Authorised as aforesaid neither in their coming to this Kingdom or in their return so as they use not any acts of Hostility to any of their said Party And this to be a Rule until his Majesties Pleasure be further declared therein upon application of the Agents of the said Roman-Catholick Subjects now in Arms c. to His Majesty 5. It is concluded and accorded and the said James Marquess of Ormond doth promise and undertake for and in the Name of His Majesty that no interruption shall be given by any Ship or Ships under his Majesties Power and Command or Waged Imployed or Contracted with by or in the behalf of his Majesty or by any of his Majesties Forts Garrisons or Forces within this Kingdom to any Ship or Ships that shall Trade with any of the said Roman-Catholicks who are now in Arms c. or any of their Party or which shall come in or go out of any the Cities Towns Harbours Creeks or Ports of this Kingdom in the hands of the said Roman-Catholicks now in Arms c. with Arms Ammunition Merchandise Commodity or any thing whatsoever during this Cessation As on the other side the said Donogh Viscount Muskery and the rest above named of that Party do promise and undertake for and in the behalf of those by whom they are Authorised that no interruption shall be given by any Ship or other Vessel whatsoever under the Power and Command of their Party or Waged Imployed or Contracted with by or in the behalf of their Party or by any Forts Garrisons or Forces within this Kingdom in their Power to any Ship or ships that shall Trade with any of his Majesties Subjects obeying this Cessation or which shall come in or go out of any of the Cities Towns Harbours or Ports of this Kingdom which shall obey this Cessation with Arms Ammunition Merchandise Commodity or any other thing whatsoever during this Cessation Provided that no Ship or Ships shall be admitted free Trade by colour of this Article but such as are warranted by the precedent Articles 6. It is Concluded and Accorded that the Quarters in the Province of Leinster be as followeth viz. That the County of Dublin the County of the City of Dublin the County of the Town of Droghedagh and the County of Lowth shall remain and be during the Cessation in the possession of his Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting unto the said Roman-Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed in the said Counties or any of them by any of the said Party And it is further Concluded and Accorded that as much of the County of Meath as is on the East and South-side of the River of Boyne from Droghedagh to Trym and thence to the Lordship of Moylagh and thence to Moyglare and thence to Dublin shall during the said Cessation remain and be in the possession of His Majesties Protestant Subjects and of such as adhere unto them respectively saving and excepting to the said Roman-Catholick Subjects now in Arms and their Party all such Castles Towns Lands and Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by any of the said Roman-Catholick Subjects now in Arms c. and of their Party within the said Limits and Boundaries and that the Residue of the said County of Meath shall remain in the Hands and Possession of the said Roman-Catholick Subjects now in Arms c. and their Party except the Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said last mentioned Quarters in the County of Meath by his Majesties Protestant Subjects and such as adhere unto them or by any of them respectively And that so much of the County of Kildare as is on this side of the Liffy where Naas is situate and on the other side of the Liffy from Dublin Westward into the County of Kildare so far as the Rye water at Kilcock and so far betwixt that and the Liffy as shall be at the same distance from Dublin as the said Rye Water is at Kilcock on that side of the Liffy shall during the said Cessation remain and be in the Hands and Possessions of his Majesties Protestant Subjects and their Adherents respectively except such Castles Towns Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said Quarters by the said Roman-Catholick Subjects who are now in Arms c. and their Party and that the residue of the said County of Kildare shall remain in the hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed by his Majesties Protestant Subjects and their Adherents respectively within the said last mentioned Quarters in the said County of Kildare And that the several Counties of Wicklow West Meath Kings County Queens County Catherlagh Kilkenny County of the City of Kilkenny Wexford and Longford shall during the said Cessation remain in the Hands of the said Roman-Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said Fifteenth day of September 1643 at the Hour aforesaid are possessed within the said County by
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
whereupon those Grants are founded are to be handled as matters of State and be Heard and Determined by the Lord Lieutenant or other chief Governor or Governors for the time being and the Council publickly at the Council Board and not otherwise but Titles between Party and Party grown after these Patents granted are to be left to the ordinary course of Law and that the Council Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of Possessions of Lands nor make nor use private Orders Hearings or References concerning any such matter nor grant any Injunction or Order for stay of any Suits in any Civil Cause and that parties Grieved for or by reason of any proceedings formerly had there may commence their Suits and prosecute the same in any of His Majesties Courts of Justice or Equity for remedy of their pretended Rights without any restraint or interruption from His Majesty or otherwise by the chief Governor or Governors and Council of this Kingdom 13. It is further Concluded Granted and Agreed by and between the said Parties and His Majesty is further graciously Pleased that as for and concerning one Statue made in this Kingdom in the Eleventh year of the Reign of Queen Elizabeth intituled An Act for staying of Wooll Flocks Tallow and other necessaries within this Realm And one other Statue made in the said Kingdom in the Twelfth year of the said Queen intituled An Act And one other Statute made in the said Kingdom in the Thirteenth year of the Reign of the said late Queen intituled An explanation of the Act made in a Session of this Parliament for staying of Wooll Flocks Tallow and other Warts and Commodities mentioned in the said Act and certain Articles added to the same Act all concerning Staple or Native Commodities of this Kingdom shall be Repealed excepting for Wooll and Wooll Fells and that such indifferent Persons as shall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be Authorized by Commission under the great Seal to Moderate and Ascertain the Rates of Merchandize to be Exported or Importedout of or into this Kingdom as they shall think fit 14. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that care be had that the chief Governor or Governors of this Kingdom for the time being shall not continue in those Places longer than he shall find for the good of his People here and that they shall be Inhibited to make any Purchase other than by Lease for Provision of their Houses during the time of their Government 15. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act of Oblivion shall be Passed in the next Parliament to extend unto all His Majesty's Subjects of this Kingdom and their Adherents of all Treasons and Offences Capital Criminal and Personal and other Offences of what Nature Kind or Quality soever in such manner as if such Treasons or Offences had never been Committed Perpetrated or Done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers and Assigns of such of the said Subjects and their Adherents who died on or since the 23 th of October 1641. That the said Act do relate to the First Day of the next Parliament That the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Burroughs Counties Baronies Hundreds Towns Villages Tythings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesty's said Subjects or their Adherents or any of them in or since the 23 d. of October 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesty's said Subjects or their Adherents or any of them That in this Act of Oblivion Words of Release Aquittal and Discharge be Inserted That no Person or Persons Bodies Politick or Corporate Counties Cities Burroughs Baronies Hundreds Towns Villages Tythings or any of them within this Kingdom included within the said Act be Troubled Impeached Sued Inquieted or Molested for or by reason of any Offence Matter or Thing whatsoever comprized within the said Act and the said Act shall extend to all Rents Goods and Chattels Taken Detained or grown Due to the Subjects of the one side to the other since the 23 d. of October 1641. to the Date of these Articles 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 23 d. of October 1641. until the perfection of these Articles and likewise to all Mesne 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 23 d. of October and before until this present 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 Subsides Due before the said 23 d. of October 1641. which were then or before Levyed or Taken by Sheriffs Commissioners Receivers or Collectors and not then or before accounted for or since disposed to Publick use of the said Roman Catholick Subjects but that such Persons may be brought to account for the same after full settlement in Parliament and not before provided that such Barbarous and inhuman Crimes as shall be particularized and agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five 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 Lord Viscount Mountgarret c. or any Five or more of them and that the Power of the said Commissioners shall continue only for Two Years next ensuing the Date of these present Articles Provided also that the Commissioners to be Agreed on for Tryal of the said particular Crimes 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 Case And His Majesty's Chief Governor or Governors and other Governors and Magistrates for the time being and all His Majesty's Courts of Justice and other His Majesty's 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 Precepts 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 Twenty pound Sterling And that no Sheriff or other Officers 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 causes usually inserted in Acts of General Pardon or Oblivion enlarging His Majesty's Grace and Mercy not herein particularized be inserted and comprized 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 unto 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 persuance of these Articles or any of them after the Publication of the said Articles 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 these Articles and before the said Publication shall not be Accounted Taken Construed or 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 Argeed on by these Articles 16. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that an Act be Passed in the next Parliament prohibiting that neither the Lord Deputy or other Chief Governor Governors Lord Chancellor Lord High-Treasurer Vice-Treasurer Chancellor or any of the Barons of the Exchequer Privy Council or Judges of the four Courts be Farmours of His Majesty's Customs within this Kingdom 17. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further 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 all Grants of Monopolies in this Kingdom and that Commissioners be Agreed upon by the said Lord Lieutenant and the Lord Viscount Mountgarret c. or any Five or more of them to set down the Rates for the Custom or Imposition to be laid on Aquavite Wine Oyl Yarn and Tobacco 18. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that such Persons asshall be Agreed on by the said Lord Lieutenant and the said Lord Viscount Mountgarret c. or any Five or more of them shall be upon conclusion of these Articles Authorized by Commission under the great Seal to Regulate the Court of Castle-Chamber and such causes as shall be brough into and censured in the said Court 19. It is further Concluded Accorded and Agreed by and between the said Parties and his Majesty is further graciously pleased that two Acts lately Passed in this Kingdom prohibiting the Plowing with Horses by the tail and the other prohibiting the burning of Oats in the Straw be Repealed 20. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that upon perfection of these Articles such course shall be taken against such who have disobeyed the Cessation and will not submit to the Peace if any shall Oppose it as shall be just and for the Peace of the Kingdom 21. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased forasmuch 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 these Articles whereof both Houses in the next ensuing Parliament shall desire the benefit of His Majesty 's said former directions for Redresses therein that the same be afforded them yet so as for prevention of inconveniencies to His Majesties Service that the warning mentioned the 21 st 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 that as to the 22 d. 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 22. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty is further graciously pleased that Maritime 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 Delegates 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 23. It is further Concluded Accorded and Agreed by and between the said Parties and His Majesty out of His abundant Grace and Goodness to His Subjects of this Kingdom is graciously pleased to Assent that his said Subjects be eased of the increase of Rents lately raised on them upon the Commission of Defective Titles in the Earl of Straffords Government This to be by Act of Parliament 24. It is further Concluded Accorded and Agreed 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 of Mony which did accrew or grow due by way Debt Mortgage or otherwise and yet not satisfied since the 23 d. of October 1641. until the perfection of these Articles shall be fully Forgiven and Released And that for and during the space of Three Years next ensuing no more shall be taken for Use or Interest or Mony than Five Pounds percent and in all Cases of Equity arising
through disability occasioned by the distempers of those Times the considerations of Equity to be alike unto both Parties 25. It is Concluded Accorded and Agreed by and between the said Parties and His Majesty is graciously pleased that the said Richard Lord Viscount Mountgarret c. shall be immediately upon conclusion of these Articles Authorized by Act of State to proceed in Hear Determine and Execute within the Cities corporate Towns Counties and parts of Counties now or late within the Quarters of the said confederate Catholicks the ensuing particulars and all matters thereupon depending and that the said Act of State and other the Authorities hereafter mentioned shall remain of Force without Revocation Alteration or Dimunition until Acts of Parliament be passed according to the Purport and Intent of these present Articles only in case of Death of any of the said Persons so to be Authorized the Lord Lieutenat or other Chief Governor or Governors of this Kingdom for the time being shall by the Advice and Consent of the Persons so to be Authorized then Living or any Five or more of them name others in the place of such who shall be so Dead and the Persons so to be named to be Authorized as the former and that the Persons to be Authorized as aforesaid or any Five or more of them be permitted without interruption to Applot Raise and Levy Means with Indifferency and Equality upon all His Majesties Roman Catholick Subjects of this Kingdom for the Raising Clothing and bringing to Sea-Ports and Maintaining there until they be Shipped Ten thousand Men promised by the confederate Catholicks of this Kingdom to assist His Majesty and to Levy the Arrears of all Excises and other Publick Taxes already Imposed by them and yet unpaid and to call all Receivers and other Accomptants of all former Taxes and Publick Dues to a just and strict Accompt either by themselves or by such as they or any Five or more of them shall Name and Appoint And that the said Persons to be Authorized as aforesaid or any Five or more of them shall have power to Applot Raise and Levy means with Indifferency and Equality by way of Excises otherwise in the several Cities Corporate Towns Conties and parts of Counties now within the Quarters of the said Confederate Catholicks towards the maintenance of such Army or Armies as shall be thought fit to continue and be in Pay for the defence of the Kingdom and towards the maintenace of all the Forts Castles and Garrisons within both or either of the now Quarters of either Party other than such of the said Garrisons Forts and Castles as from time to time until there be a settlement in Parliament shall be thought fit by His Majesty's chief Governor or Governors of this Kingdom for the time being by and with the Advice and Consent of the said Persons so to be Authorized or any Five or more of them not to be maintained at the charge of the Publick Provided that His Majesties Lieutenant or other chief Governors 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 that the Persons to be Authorized as aforesaid or any Five or more of them shall be Authorized to appoint Receivers Collectors and all other Officers for such Monies as shall be so Assessed and for the Arrears of all former Applotments Taxes and other Publick Dues yet unpaid and that the Persons so to be Authorized or any Five or more of them in case of Refractoriness or Delinquency may Distrain and Imprison and cause such Delinquents to be Distrained or Imprisoned and that the profits of the Estates within the now Quarters of the confederate Catholicks of such as shall adhere to the Parliament and not submit to the Peace be accompted as Publick Dues and be converted to the maintenance of the Kings Army and that the said Persons to be Authorized as aforesaid or any Five or more of them shall have Power to Applot Raise and Levy means with Indifferency and Equality for the buying of Arms and Ammunition and for entertaining of Frigats in such proportion and manner as shall be thought fit by His Majesties Lieutenant or other chief Governor or Governors for the time being by and with the Advice and Consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them the said Arms and Ammunition to be laid up in such Magazines and under the charge of such Persons as shall be agreed by the said Lord Lieutenant and the said Persons to be authorised as aforesaid or any Five or more of them and to be issued and the said Frigats to be employed by the Lord Lieutenant or other chief Governor or Governors for the time being for the safety of the Kingdom by the advice and consent of the said Richard Lord Viscount Mountgarret c. or any Five or more of them and that the said Persons so to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excises or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters and upon the Estates of the said Confederate Catholicks all such Sum and Sums as shall appear unto the said Persons to be authorised as aforesaid or any Five or more of them to be really due for and in discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the Conclusion of these Articles and that the said Persons to be authorised as aforesaid or any Five or more of them shall have power to Applot Raise and Levy Means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and parts of Counties now within the Quarters of the said Confederate Catholicks as well for the Persons to be authorised as aforesaid and also for such other Person and Persons as shall be imployed in publick Affairs within the several Cities Corporate Towns Counties and parts of Counties within the now Quarters of the said Confederate Catholicks from time to time until a settlement by Parliament and that the said Persons to be authorised as aforesaid or any Five or more of them make perfect Books of all such Monies as shall be Applotted Raised and Levied out of which Books they are to make several and respective Abstracts to be delivered unto their Hands or the Hands of any Five or more of them to the several and respective Collectors who shall be appointed to Levy and Receive the same and that a duplicate of the said Books under the Hands of the said Persons to be authorised as aforesaid be delivered unto his Majesties Lieutenant or other chief Governor or Govenors for the time being whereby a perfect accompt might be given 26. It is further concluded accorded and
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
Great Britain France and Ireland c. for the Treating and Concluding of a Peace in the said Kingdom with His Majesties Humble and Loyal Subjects the Confederate and Roman Catholicks of the said Kingdom of Ireland of the one part and the Right Honourable Donnogh Lord Viscount Muskerry and others Commissioners Deputed and Authorized by the said Confederate Roman Catholick Subjects of the other part and thereupon many Difficulties did arise by occasion whereof sundry matters of great weight and consequence necessarily requisite to be condescended unto by His Majesties said Commissioners for the safety of the said Confederate Roman Catholicks were not hitherto agreed upon which retarded and doth as yet retard the Conclusion of a firm Peace and Settlement in the said Kingdom And whereas the Right Honourable Edward Earl of Glamorgan is intrusted and authorized by His most Excellent Majesty to grant and assure to the said Confederate Catholick Subjects further Grace and Favours which the said Lord Lieutenant did not as yet in that Latitude as they expected grant unto them and the said Earl having seriously considered of all matters and due Cirouâ—istances of the great Affairs now in agitation which is the peace and quiet of the said Kingdom and the importance thereof in order to His Majesties Service and in relation to a Peace and Settlement in His other Kingdoms and here upon the place having seen the Ardent desire of the said Catholicks to assist His Majesty against all that do or shall oppress His Royal Right or Monarchick Government and having discerned the Alacrity and Cheerfulness of the said Catholicks to embrace Honourable conditions of Peace which may preserve their Religion and other just Interests In pursuance therefore of His Majesties Authority under His Highness Signature Royal and Signes bearing Date at Oxon the Twelfth Day of March in the twentieth Year of His Reign Granted unto the said Earl of Glamorgan the Tenure whereof is as followeth Viz. Charles Rex Charles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To our trusty and right welbeloved Cosen Edward Earl of Glamorgan greeting We reposing great and especial Trust and Confidence in your approved wisdom and fidelity Do by these as firmly as under Our Great Seal to all intents and purposes Authorise and give you Power to treat and conclude with the Confederate Roman Catholicks in Our Kingdom of Ireland if upon necessity any thing be to be condescended unto wherein our Lieutenant cannot so well be seen in as not fit for Vs at the present publickly to own Therefore We charge you to proceed according to this our Warrant with all possible secrecy and for whatsoever you shall engage your self upon such valuable considerations as you in your judgment shall deem fit We promise on the word of a King and a Christian to ratifie and perform the same that shall be granted by you and under your Hand and Seal the said Confederate Catholicks having by their Supplies testified their Zeal to Our Service and this shall be in each particular to you a sufficient Warrant Given at Our Court at Oxford under Our Signet and Royal Signature the 12 th day of March in the 20 th year of Our Reign 1644. To our right trusty and right well-beloved Cosen Edward Earl of Glamorgan It is therefore granted accorded and agreed by and between the said Earl of Glamorgan for and on the behalf of His most Excellent Majesty His Heirs and Successors on the one part and the Right Honourable Richard Lord Viscount Mountgarret Lord President of the Supream Council of the said Confederate Catholicks the said Donogh Lord Viscount Muskerry Alexander mac Donnel and Nicholas Plunket Esquires Sir Robert Talbot Baronet Dermot O Brien John Dillon Patrick Darcy and Geffery Brown Esquires Commissioners in that behalf appointed by the said Confederate Roman Catholick Subject of Ireland for and on the behalf of the said Confederate Roman Catholick Subjects of the other part in manner and form following that is to say 1. IT is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Professors of the Roman Catholick Religion in the Kingdom of Ireland of whatever estate degree or quality soever he or they be or shall be shall for ever more hereafter have and enjoy within the said Kingdom the free and publick use and exercise of the said Roman Catholick Religion and of their respectives function therein 2. It is granted accorded and agreed by the said Earl for and on the behalf of His Majesty His Heirs and Successors That the said Professors of the Roman Catholick Religion shall hold and enjoy all and every the Churches by them enjoyed within this Kingdom or by them possessed at any time since the Twenty Third of October 1641 and all other Churches in the said Kingdom other than such as are now actually enjoyed by His Majesties Protestant Subjects 3. It is granted accorded and agreed by the said Earl for and in the behalf of His most Excellent Majesty His Heirs and Successors That all and every the Roman Catholick Subjects of Ireland of what estate condition degree or quality soever shall be free and exempted from the Jurisdiction of the Protestant Clergy and every of them and that the Roman Catholick Clergy of this Kingdom shall not be punished troubled or molested for the exercise of their Jurisdiction over their respective Catholick Flocks in matters Spiritual and Ecclesiastical 4. It is further granted accorded and agreed by the said Earl for and on the behalf of His most Excellent Majesty His Heirs and Successors that an Act shall be passed in the next Parliament to be holden in this Kingdom the tenour and purport whereof shall be as followeth Viz. An Act for the Relief of His Majesties Catholick Subjects of His Highnesses Kingdom of Ireland Whereas by an Act made in Parliament held in Dublin the Second Year of the Reign of the late Queen Elizabeth Intituled An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all Foreign Power repugnant to the same And by one other Statue made in the said last mentioned Parliament Intituled An Act for the Vniformity of Common-Prayer and Service in the Church and the Administration of the Sacrament Sundry Mulcts Penalties Restraints and Incapacities are and have been laid upon the Professors of the Roman Catholick Religion in this Kingdom in for and concerning the use profession and exercise of their Religion and their Function therein to the great prejudice trouble and disquiet of the Roman Catholicks in their Liberties and Estates and a general disturbance of the whole Kingdom For remedy whereof and for the better setling increase and continuance of the Peace Unity and Tranquility of this Kingdom of Ireland His Majesty at the humble suit and request of the Lords and Commons
Allegiance in haec verba viz. I A. B. do hereby acknowledge profess testifie 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 and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties chief Governor or Governors for the time being all Treason or Traiterous Conspiracies which I shall know or hear to be intended against His Majesty or any of Them And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. Nevertheless the said Lord Lieutenant doth not hereby intend that any thing in these Concessions contained shall extend or be construed to extend to the granting of Churches ☞ Church-Livings or the exercise of Jurisdiction the authority of the said Lord Lieutenant not extending so far yet the said Lord Lieutenant is authorized to give the said Roman Catholicks full assurance as hereby the said L. Lieut. doth give unto the said Rom. Catholicks full assurance that they or any of them shall not be molested in the possession which they have at present of Churches and Church-Livings or of the exercise of their respactive Jurisdictions as they now exercise the same until such time as His Majesty upon a full consideration of the desires of the said Roman Catholicks in a Free Parliament to be held in this Kingdom shall declare his further Pleasure 2. Item It is concluded accorded and agreed upon by and between the said Parties and his Majesty is further graciously pleased that a Free Parliament shall be held in this Kingdom within six months after the Date of these Articles of Peace or as soon after as Thomas Lord Viscount Dillon of Costologh Lord President of Connaught Donnogh Lord Viscount Muskery Francis Lord Baron of Athunry Alexander Mac Donnel Esquire Sir Lucas Dillon Knight Sir Nicholas Plunket Knight Sir Richard Barnewal Baronet Jeffery Browne Donnogh O Callaghan Tyrlagh O Neile Miles Reily and Gerâ—ald Fennel Esquires or the major part of them will desire the same so that by possibility it may be held and that in the mean time and until the Articles of these Presents agreed to be passed in Parliament be accordingly passed the same shall be inviolably observed as to the matters therein contained as if they were enacted in Parliament And that in case a Parliament be not called and held in this Kingdom within two years next after the Date of these Articles of Peace then his Majesties Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being will at the request of the said Thomas Lord Viscount Dillon c. or the major part of them call a General Assembly of the Lords and Commons of this Kingdom to attend upon the said Lord Lieutenant or other his Majesties chief Governor or Governors of this Kingdom for the time being in some convenient place for the better setling of the affairs of the Kingdom And it is further concluded accorded and agreed by and between the said parties that all matters that by these Articles are agreed upon 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 agreed upon and so to be passed shall receive no disjunction or alteration here or in England Provided that nothing shall be concluded by both or either of the said Houses of Parliament which may bring prejudice to any of his Majesties Protestant Party or their Adherents or to his Majesties Roman Catholick Subjects or their Adherents other than such things as upon this Treaty are concluded to be done or such things as may be proper for the Committee of Priviledges of either or both Houses to take cognizance of as in such cases heretofore hath been accustomed and other than such matters as his Majesty will be graciously pleased to declare his further pleasure in to be passed in Parliament for the satisfaction of his Subjects and other than such things as shall be propounded to either or both Houses by his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being during the said Parliament for the advancement of his Majesties Service and the Peace of the Kingdom which clause is to admit no construction which may trench upon the Articles of Peace or any of them and that both Houses of Parliament may consider what they shall think convenient touching the Repeal or Suspension of the Statute commonly called Poyning's Act Entituled An Act That no Parliament be holden in that Land until the Acts be certified into England 3. Item It is further concluded accorded and agreed upon by and between the said Parties and his Majesty is graciously pleased That all Acts Ordinances and Orders made by both or either Houses of Parliament to the blemish dishonour or prejudice of his Majesties Roman Catholick Subjects of this Kingdom or any of them sithence the seventh of August 1641. shall be vacated and that the same and all Exemplifications and other Acts which continue the memory of them be made void by Act to be past in the next Parliament to be held in this Kingdom and that in the mean time the said Acts or Ordinances or any of them shall be no prejudice to the said Roman Catholicks or any of them 4. Item It is also concluded and agreed upon and his Majesty is likewise graciously pleased that all indictments attainders outlawries in this Kingdom and all the processes and other proceedings thereupon and all Letters Patents Grants Leases Customs Bonds Recognizances and all Records Act or Acts Office or Offices Inquisitions and all other things depending upon or taken by reason of the said Indictments Attainders or outlawries sithence the seventh day of August 1641. in prejudice of the said Catholicks their Heires Executors Administrators or Assignes or any of them or the Widows of them or any of them shall be vacated and made void in such sort as no memory shall remain thereof to the blemish dishonour or prejudice of the said Catholicks their Heirs Executors Administrators or Assignes or any of them or the Widows of them or any of them and that to be done when the said Thomas Lord Viscount Dillon c. or the major part of them shall desire the same so that by possibility it may be done and in the mean time that no such indictments attainders outlawries processes or any other proceedings thereupon or any letters patents grants leases custodiums
bonds recognizances or any Record or acts office or offices inquisitions or any other thing depending upon or by reason of the said indictments attainders or outlawries shall in any sort prejudice the said Roman Catholicks or any of them but that they and every of them shall be forthwith upon perfection of these Articles restored to their respective possessions and hereditaments respectively provided that no man shall be questioned by reason hereof for measne rates or wastes saving wilful wastes committed after the first day of May last past 5. Item It is likewise concluded accorded and agreed and his Majesty is graciously pleased that as soon as possible may be all impediments which may hinder the said Roman Catholicks to sit or vote in the next intended Parliament or to choose or to be chosen Knights and Burgesses to sit or vote there shall be removed and that before the said Parliament 6. Item It is concluded accorded and agreed upon and his Majesty is further gratiously pleased that all debts shall remain as they were upon the 23. of October 1641. Notwithstanding any disposition made or to be made by vertue or colour of any attainder outlawry fugacy or other forfeiture and that no disposition or grant made or to be made of any such debts by vertue of any attainder outlawry fugacy or other forfeiture shall be of force and this to be passed as an act in the next Parliament 7. Item It is further concluded accorded and agreed upon and his Majesty is graciously pleased that for the securing of the Estates or reputed Estates of the Lords Knights Gentlemen and Free-holders or reputed Free holders as well of Connaght and County of Clare or Country of Thomond as of the Counties of Limerick and Tipperary the same be secured by Act of Parliament according to the intent of the 25. Article of the graces granted in the fourth year of his Majesties Reign the tenor whereof for so much as concerneth the same doth ensue in these words viz. We are graciously pleased that for the Inhabitants of Connaght and Country of Thomond and County of Clare that their several Estates shall be confirmed unto them and their Heirs against us and our Heirs and Successors by Act to be passed in the next Parliament to be holden in Ireland to the end the same may never hereafter be brought into any further question by Us or Our Heirs and Successors In which Act of Parliament so to be passed you are to take care that all tenures in capite and all Rents and Services as are now düe or which ought to be answered unto us out of the said Lands and premises by any Letters Pattents past thereof since the first year of King Henry the Eight or found by any Office taken from the said first year of King Henry the Eight until the 21. of July 1645. whereby our late dear Father or any his Predecessors actually received any profit by wardship liveries primer-seisins measne rates ousterlemains or fines of alienations without License be again reserved unto Us Our Heirs and Successors and all the rest of the premises to be holden of our Castle of Athlone by Knights service according to Our said late Fathers Letters notwithstanding any tenures in capite found for Us by Office since the 21. of July 1615. and not appearing in any such Letters Patents or Offices within which Rule his Majesty is likewise graciously pleased that the said Lands in the Counties of Limerick and Tipperarie be included but to be held by such Rents and Tenures only as they were in the fourth year of his Majesties Reign provided always that the said Lords Knights Gentlemen and Freeholders of the said Province of Connaght County of Clare and Country of Thoâ—â—â—â— and Counties of Tipperarie and Limerick shall have and enjoy the full benefit of such composition and agreement which shall be made with his most Excellent Majesty for the Court of Wards Tenures Respits and issues of Homage any clause in this Article to the contrary notwithstanding and as for the Lands within the Counties of Kilkennie and Wickloe unto which his Majesty was intituled by Offices taken or found in the time of the Earl of Straffords Government in this Kingdom his Majesty is further graciously pleased that the State thereof shall be considered in the next intended Parliament where his Majesty will assent unto that which shall be just and honourable and that the like act of Limitation of his Majesties Titles for the security of the Estates of his Subjects of this Kingdom be passed in the said Parliament as was enacted in the 21. year of his late Majesty King James his Reign in England 8. Item It is further concluded accorded and agreed upon and his Majesty is further graciously pleased that all incapacities imposed upon the Natives of this Kingdom or any of them as Natives by any Act of Parliament Provisoes in Patents or otherwise be taken away by Act to be passed in the said Parliament and that they may be enabled to erect one or more Innes of Court in or near the City of Dublin or elsewhere as shall be thought fit by his Majesties Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being and in case the said Innes of Court shall be erected before the first day of the next Parliament then the same shall be in such place as his Majesties Lord Lieutenant or other cheif Governour or Governours of this Kingdom for the time being by and with the advice and consent of the said Thomas Lord Viscount Dillon or any seven or more of them shall think fit and that such Students Natives of this Kingdom as shall be therein may take and receive the usual degrees accustomed in any Inns of Court they taking the insuing Oath viz. I. A. B. Do hereby acknowledge profess testifie 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 and Dignity and do my best endeavour to disclose and make known to His Majesty His Heirs and Successors or to the Lord Deputy or other His Majesties Chief Governour or Governours for the time being all Treasons or Traiterous conspiracies which I shall know or hear to be intended against His Majesty or any of them and I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God c. And his Majesty is further graciously pleased that his Majesties Roman Catholick Subjects may erect and keep free-Schools for Education of youths in this Kingdom any Law or Statute to the contrary notwithstanding and that all
Titles between party and party grown after these patents granted are to be left to the ordinary course of Law and that the Counsel-Table do not hereafter intermeddle with common business that is within the cognizance of the ordinary Courts nor with the altering of possessions of Lands nor make nor use private Orders hearings or references concerning any such matter nor grant any injunction or order for stay of any suits in any civil cause and that parties grieved for or by reason of any proceedings formerly had there may commence their suits and prosecute the same in any of his Majesties Courts of Justice or Equity for Remedy of their pretended rights without any restraint or interruption from his Majesty or otherwise by the chief Governour or Governours and Council of this Kingdom and that the proceedings in the respective Presidency Courts shall be pursuant and according to his Majesties printed Book of Instructious and that they shall contain themselves within the limits prescribed by that Book when the Kingdom shall be restored to such a degree of quietness as they be not necessarily enforced to exceed the same 14. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased That as for and concerning one Statute made in this Kingdom in the eleventh year of the Reign of Queen Elizabeth intituled led an Act for staying of Wool Flocks Tallow and other necessaries within this Realm and another Statute made in the said Kingdom in the twelfth year of the Reign of the said Queen intituled an Act c. And one other Statute made in the said Kingdom in the 13 year of the Reign of the said late Queen intituled an Exemplanation of the Act made in a Session of this Parliament for the staying of Wool Flocks Tallow and other wares and commodities mentioned in the said Act and certain Articles added to the same Act all concerning staple or native Commodities of this Kingdom shall be repealed if it shall be so thought fit in the Parliament excepting for Wool and Woolfels and that such indifferent persons as shall be agreed on by the said Lord Lieutenant and the said Thomas Lord Viscount Dillon Esq c. or any seven or more of them shall be authorized by Commission under the great Seal to moderate and ascertain the rates of merchandize to be exported or imported out of or into this Kingdom as they shall think fit 15. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that all and every person and persons within this Kingdom pretending to have suffered by Offices found of several Countries Territories Lands and Hereditaments in the Province of Ulster and other Provinces of this Kingdom in or since the first of King James his Reign or by Attainders or Forfeitures or by pretence and colour thereof since the said first year of King James or by other Acts depending on the said Offices attainders and forfeitures may petition his Majesty in Parliament for relief and redress and if after examination it shall appear to his Majesty the said persons or any of them have been injured then his Majesty will prescribe a course to repair the person or persons so suffering according to Justice and Honour 16. Item It is further concluded accorded and agreed upon by and between tht said parties and his Majesty is graciously pleased that as to the particular Cases of Maurice Lord Viscount de Rupe and Fermoy c. they may petition his Majesty in the next Parliament whereupon his Majesty will take such consideration of them as shall be just and fit 17. Item It is likewise concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased That the Citizens Free-men Burgesses and former Inhabitants of the City of Cork Towns of Youghal and Dungarven shall be forthwith upon perfection of these Articles restored to their respective possessions and estates in the said City and Towns respectively where the same extends not to the endangering of the said Garrisons in the said City and Towns In which case so many of the said Citizens and Inhabitants as shall not be admitted to the present possession of their houses within the said City and Towns shall be afforded a valuable annual Rent for the same until settlement in Parliament ☞ at which time they shall be restored to those their possessions And it is further agreed and his Majesty is graciously pleased That the said Citizens Free-men Burgesses and Inhabitants of the said City of Cork and Towns of Youghal and Dungarven respectively shall be enabled in convenient time before the next Parliament to be hold in this Kingdom to chuse and return Burgesses into the same Parliament 18. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that an Act of Oblivion be past in the next Parliament to extend to all his Majesties Subjects of this Kingdom and their Adherents of all Treasons and Offences capital criminal and personal and other Offences of what nature kind or quality soever in such manner as if those Treasons or Offences had never been committed perpertrated or done That the said Act do extend to the Heirs Children Kindred Executors Administrators Wives Widows Dowagers or Assigns of such of the said Subjects and their Adherents who died on before or since the 23d of Octob. 1641. That the said Act do relate to the first day of the next Parliament that the said Act do extend to all Bodies Politick and Corporate and their respective Successors and unto all Cities Boroughs Counties Baronies Hundreds Towns Villages Tithings and every of them within this Kingdom for and concerning all and every of the said Offences or any other Offence or Offences in them or any of them committed or done by his Majesties said Subjects or their Adherents or any of them before in or since the 23d of Octob. 1641. Provided this Act shall not extend to be construed to pardon any Offence or Offences for which any person or persons have been convicted or attainted of Record at any time before the 23d of Octob. in the year of our Lord 1641. That this Act shall extend to Piracies and all other Offences committed upon the Sea by his Majesties said Subjects or their Adherents or any of them That in this Act of Oblivion words of release acquittal and discharge be inserted that no person or persons Bodies politick or Corporate Counties Cities Burroughs Baronnies Hundreds Towns Villages Tithings or any of them within this Kingdom included within the said Act be troubled impeached sued inquieted or molested for or by reason of any offence matter or thing whatsoever comprised within the said Act and the said Act shall extend to all Rents Goods and Chattels taken detained or grown due to the Subjects of the one party from the other
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
directions which shall issue to any such County for the applotting subdividing and levying of the said publick Assessements some of the said Protestant party shall be joyned with others of the Roman Catholick party to that purpose and for effecting that service and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to levy the arrears of all excises and other publick taxes imposed by the Confederate Roman Catholicks and yet unpaid and to call Receivers and other Accomptants of all former taxes and all publick dues to a just and strict account either by themselves or by such as they or any seven or more of them shall name or appoint and that the said Lord Lieutenant or any other chief Governour or Governours of this Kingdom for the time being shall from time to time issue Commissions to such person and persons as shall be named and appointed by the said Thomas Lord Viscount Dillon c. or any seven or more of them for letting setting and improving the Estates of all such person or persons as shall adhere to any party opposing his Majesties Authority and not submitting to the Peace and that the profits of such estates shall be converted by the said Lord Lieutenant or other chief Governour or Governours of this Kingdom for the time being to the maintenance of the Kings Army and other necessary charges until settlement by Parliament and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality for the buying of Arms and Ammunition and for the entertaining of Frigots in such proportion as shall be thought fit by his Majesties Lord Lieutenant or other chief 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 the said Arms and Ammunition to be laid up in such Magazines and under the charge of 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 and to be disposed of and the said Frigots to be imployed for his Majesties service and the publick use and benefit of this Kingdom of Ireland and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall have power to applot raise and levy means with indifferency and equality by way of Excise or otherwise in the several Cities Corporate Towns Counties and part of the Counties now within the Quarters and only upon the Estates of the said Confederate Roman Catholicks all such sum and sums of mony as shall appear to the said Thomas Lord Viscount Dillon c. or any seven or more of them to be really due for and in the discharge of the publick ingagements of the said Confederate Catholicks incurred or grown due before the conconclusion of these Artieles and that the said Thomas Lord Viscount Dillon c. or any seven or more of them shall be authorized to appoint Receivers Collectors and all other Officers for such monies as shall be assessed taxed or applotted in pursuance of the authorities mentioned in this Article and for the Arrears of all former applotments Taxes and other publick dues yet unpaid and that the said Thomas Lord Viscount Dillon c. or any seven or more of them in case of refractoriness or delinquency may distrain and imprison and cause such Delinquents to be distrained and imprisoned And the said Thomas Lord Viscount Dillon c. or any seven or more of them make perfect books of all such monies as shall be applotted raised or levied out of which books they are to make several and respective abstracts to be delivered under their hands or the hands of any seven or more of them to the several and respective Collectors which shall be appointed to levy and receive the same And that a duplicate of the said books under the hands of the said Thomas Lord Viscount Dillon c. or any seven or more of them be delivered unto his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom for the time being whereby a perfect account may be given and that the said Thomas Lord Viscount Dillon c. or any seven or more of therâ—s shall have power to call the Councel and Congregation and the respective supream Councels and Commissioners General appointed hitherto from time to time by the said Confederate Roman Catholicks to manage their publick affairs and all other persons accountable to an account for all their Receipts and Disbursments since the beginning of their respective imployments under the Confederate Roman Catholicks 28. Item It is concluded accorded and 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 the said Lord Lieutenant and the said Thomas Lord Viscount Dillon c. or any seven or more of them shall for the present agree upon such persons who are to be authorized by Commission under the great Seal to be Commissioners of the Peace Oyer and Terminer Assises and Goal Delivery in and throughout the Kingdom to continue during pleasure with such power as Justices of the Peace Oyer and Terminer Assizes and Goal delivery in former time of Peace have usually had which is not to extend unto any crime or offence committed before the first of May last past 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 Shipping Cattle or Goods heretofore taken by either party from the other or other injuries done contrary to the Articles of Cessation concluded by and with the said Roman Catholick party in or since May last but that the same shall be determined by such indifferent persons as the Lord Lieutenant by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit to the end that speedy and equal Justice may be done to all parties grieved And the said Commissioners are to make their Estreats as accustomed of peace and shall take the ensuing Oath viz. You shall swear that as Justice of the Peace Oyer and Terminer Assizes and Goal delivery in the Counties of A. B. in all Articles of the Commission to you directed You shall do equal right to the Poor and to the Rich after your Cunning and Wit and Power and after the Laws and Customs of the Realm and in pursuance of these Articles and you shall not be of Councel of any quarrel hanging before you and the Issues Fines and Amercements which shall happen to be made and all
Forfeitures which shall happen before you you shall cause to be entred without any concealment or imbezling and send to the Court of Exchequer or to such other place as his Majesties Lord Lieutenant or other chief Governor or Governors of this Kingdom shall appoint until there may be access unto the said Court of 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 Assizes and Goal delivery in that behalf and that you take nothing for your office of Justice of the Peace Oyer and Terminer Assizes and Goal 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 Kings Officers or Ministers or other indifferent persons to do execution thereof so help me God c. And that as well in the said Commission as in all other Commissions and Authorities to be issued in pursuance of the present Articles this clause shall be incerted viz. That all Officers Civil and Martial shall be required to be aiding and assisting and obedient unto the said Commissioners and other persons to be authorised as abovesaid in the execution of their respective powers 29. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that his Majesties Roman 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 cheif upon occasion of necessity as to the Martial and Military affairs lindx by such as his Majesty or his cheif Governour or Governors of this Kingdom for the time being shall appoint and the said appointment to be by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them and his Majesties cheif Governor or Governors is to issue Commissions accordingly to such persons as shall be so named and appointed as aforesaid for the executing 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 dye or misbehave themselves as the cheif Governor or Governors for the time being by the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall think fit and to be continued until a settlement in Parliament as aforesaid 30. Item It is further concluded accorded and agreed upon by and between the said parties and his Majesty is further graciously pleased that all Customs and Tenths of Prizes belonging to his Majesty which from the perfection of these Articles shall fall due within this Kingdom shall he paid unto his Majesties Receipt or until recourse may be had thereunto in the ordinary legal way unto such person or persons and in such place or places and under such Controuls as the Lord Lieutenant shall appoint to be disposed of in order to the defence and safety of the Kingdom and the defraying of other the necessary publick charges thereof for the ease of the Subjects in other their Levies Charges and Applotments And that all and every person or persons who are at present intrusted and employed by the said Roman Catholicks in the Entries Receipts Collections or otherwise concerning the said Customs and Tenths of Prizes do continue their respective employments in the same until full settlement in Parliament accountable to his Majesties Receipts or until recourse may be had thereunto as the said Lord Lieutenant shall appoint as aforesaid other than to such and so many of them as to the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Viscount Dillon c. or any seven or more of them shall be thought fit to be altered and then and in such case or in case of death fraud or mis-behaviour or other alteration of any such person or persons than such other person or persons to be employed therein as shall be thought fit by the chief Governor or Governors for the time being by and with the advice and consent of the said Tho. Lord Visc Dillon c. or any seven or more of them And when it shall appear that any person or persons who shall be found faithful to his Majesty hath right to any of the Offices or Places about the said Customs whereunto he or they may not be admitted until settlement in Parliament as aforesaid that a reasonable compensation shall be afforded to such person or persons for the same 31. Item As for and concerning his Majesties Rents payable at Easter next and from thenceforth to grow due until a settlement in Parliament it is concluded accorded and agreed upon by and between the said parties and his Majesty is graciously pleased that the said Rents be not written for or levied until a full settlement in Parliament and in due time upon application to be made to the said Lord Lieutenant or other chief Governor or Governors of this Kingdom by the said Tho. Lord Viscount Dillon c. or any seven or more of them for remittal of those Rents the said Lord Lieutenant or any other chief Governor or Governors of this Kingdom for the time being shall intimate their desires and the reason thereof to his Majesty who upon consideration of the present condition of this Kingdom will declare his gracious pleasure therein as shall be just and honourable and satisfactory to the reasonable desires of his Subjects 32. Item It is concluded accorded and agreed by and between the said parties and his Majesty is graciously pleased that the Commissioners of Oyer and Terminer and Gaol delivery to be named as aforesaid shall have power to hear and determine all Murders Man-slaughters Rapes Stealths Burning of Houses and Corn in Rick or Stack Robberies Burglaries Forcible Entries Detainers of Possessions and other Offences committed or done and to be committed and done since the first day of May last past until the first day of the next Parliament these present Articles or any thing therein contained to the contrary notwithstanding Provided that the Authority of the said Commissioners shall not extend to question any person or persons for doing or committing any Act whatsoever before the conclusion of this Treaty by vertue or colour of any warrant or direction from those in publick Authority among the confederate Roman Catholick nor unto any Act which shall be done after the
perfecting and concluding of these Articles by vertue or pretence of any Authority which is now by these Articles agreed on Provided also that the said Commission shall not continue longer than the first day of the next Parliament 33. Item It is concluded ordered and agreed by and between the said parties and his Majesty is further graciously pleased that for the determining such differences which may arise between his Majesties Subjects within this Kingdom and the prevention of inconvenience and disquiet which through want of due remedy in several causes may happen there shall be Judicatures established in this Kingdom and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do and the said Lord Lieutenant by and with the advice and consent of the said Thomas Lord Viscount Dillon c. or any seven or more of them shall name the said persons so to be authorized and do all other things incident unto and necessary for the setling of the said intended Judicatures 34. Item At the instance humble suit and earnest desire of the General Assembly of the Confederate Roman Catholicks it is concluded accorded and agreed upon That the Roman Catholick Regular Clergy of this Kingdom behaving themselves conformable to these Articles of Peace shall not be molested in the possessions which at present they have of and in the Bodies Sites and Precincts of such Abbies and Monasteries belonging to any Roman Catholick within the said Kingdom until settlement by Parliament and that the said Clergy shall not be molested in the enjoying of such Pensions as hitherto since the Wars they enjoyed for their respective livelihoods from the said Roman Catholicks and the Sites and Precincts hereby intended are declared to be the Body of the Abby one Garden and Orchard to each Abby if any there be and what else is contained within the Walls Mears or ancient Fences or Ditch that doth supply the Wall thereof and no more 35. Item It is concluded accorded and agreed by and between the said parties that as to all other demands of the said Roman Catholicks for or concerning all or any the matters proposed by them not granted or assented unto in and by the foresaid Articles the said Roman Catholicks be referred to his Majesties gracious favour and further Concessions In witness whereof the said Lord Lieutenant for and on the behalf of his most excellent Majesty to the one part of these Articles remaining with the said Roman Catholicks hath put his Hand and Seal And Sir Richard Blake Knight in the Chair of the General Assembly of the said Roman Catholicks by order command and unanimous consent of the said Catholicks in full Assembly to the other part thereof remaining with the said Lord Lieutenant hath put his Hand and the publick Seal hitherto used by the said Roman Catholicks Jan. 17. 1641. and in the 24th year of the Reign of our Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. Appendix XLIV A Circular Letter from the Popish Clergy in Approbation of the Peace of 1648. SIRS AS a War undertaken principally for Religion gave us all the world over the reputation of a Catholick People even so the Peace now concluded between the Kings Lieutenant and us speak us a most Loyal Nation as complying with his Majesty in his greatest necessity though in our thoughts and occasions during these seven years Wars we have still this Loyalty and have oft publickly sworn it yet lay we under the suspicion of many men but by the present Agreement all blemish of that kind is taken away We are of opinion that our sense of this Peace would give you a confidence to receive and submit to it willingly and chearfully to which end we do hereby give you assurance we have by this Peace in the present Concessions and in the Expectations of further gracious Favours from his Majesties Goodness received a good satisfaction for the Being and Safety of Religion And the Substance thereof as to the Concessions for Religion is better than the Sound By the temporal Articles the Lives Liberties and Estates of men are provided for so as now you have a clear quarrel without thought or the least colour of suspicion for you fight purely against Sectaries and Rebels for God and Caesar and under those Banners you may well hope for Victories We do hereby pray you may with joy and much happiness wear his green Lawrel of happy Peace and so we remain Your Fathers and Servants in Christ Jesus Signed Johannes Archiepiscopus Tuamen David Ossoriens ThomasMiddens Franciscus Aladens Edwardus Limericens NicholausFernens Fa. Hugo Duacens Pat. Drumorens Andr. Finwarens Appendix XLV 13 March 1649. Remedies proposed to his Excellency for removing the Discontents and Distrusts of the People and for advancing his Majesties service presented by such of the Clergy as met at Lymerick the 8th of March 1649. and the Commissioners of Trust I. HAving joyned our selves in this meeting upon your Excellencies Summons and in compliance with your pleasure in delivering our sense how any life might be conserved in this gasping Kingdom The following considerations we thought fit to be represented to your Excellency II. It is generally thought that most of the present Distresses of the Kingdom did proceed from the want of a Privy Council as ever it was accustomed heretofore to assist the Government of this Land in War and Peace We conceive it essentially necessary that such a Council be framed of the Peers and others Natives of the Kingdom as well Spiritual and Temporal to sit with your Excellency daily and determine all weighty affairs of the Country by their Counsel The Commissioners of Trust being only instrusted for the due observation of the Articles of Peace had not the Authority of Counsellors and the affairs that intrench most upon the matters of State of the Kingdom were not their study or charge III. That there be an exact Establishment of the Forces forthwith settled and agreed on directing what numbers the Army of the Kingdom shall consist of Horse and Foot what each Province shall bear what number each Regiment Troop and Company shall consist of and laying down such Rules that no payments be made but according to the number of Forces that shall be visible and extant for service and the said establishment to be forthwith put in Execution and the said Army once established and made certain not to be multiplied or exceeded other than by solemn further establishment to be made with the consent and concurrence of the Commissioners of Trust if there be cause for it And in that Establishment a certain and sure course to be taken that all the Forces have the same assurance and the like equality of payment for all the Army And in that Establishment all preventions possible to be set down for avoiding the burthening of the People with thorough-fare
perfect Obedience and immediately be put under a Military Government for Military Matters and thereby into a Condition of Defence and Offence Which to conceal from the People were towards them as great a Treachery as it would be in Us a vain Rashness without such Obedience first gained to attempt the opposing the Strength and power of the Rebels And therefore We must and do declare that as the particular Refractoriness of the City of Waterford hath more than any other humane means contributed to all the Successes of the Rebels in those parts since Our being at Waterford And as the want of a strong Garrison in Limerick which we long since desired might be received there but could not prevail hath been the greatest visible means whereby the said Rebels have with small or no Resistance gained or destroyed the County of Limerick and other parts adjacent So the entire Loss of the Kingdom to his Majesty and the Destruction of the Nation which We have no hope to prevent but by strongly and presently garrisoning and fortifying the said City must be imputed to the Obstinacy of that City if it shall persist therein and to whosoever encourages or contrives with them therein As to these Distrusts and Jealousies of the People occasioned as you say for want of Success in Services the Sense of their Sufferings and their Apprehensions for want of Redress of their Grievances we answer That both the Want of Success and the Sense of their Sufferings whether from the Enemy or the Souldier cannot be so reasonably attributed to any human Cause as to the want of garrisoning the Army in principal Towns and Cities wherein we cannot yet prevail ☞ nor ever could till by the Enemies lying at one end of a Town we were not without articling and conditioning permitted to put such Men as We could then get in at the other end For for want of garrisoning the Army and by being forced to quarter it at large it was not possible to have them exercised their Arms kept in Order nor they under necessary Discipline which when they were to be brought together rendred them worse than so many new-raised Men by how much they had contracted a licentious Liberty and Habit of Rapine and Disobedience Nor could we prevent the Fraud in Musters or reasonably exact a strict Accompt from Officers of Men so scattered who when they should be employed upon Service were forced or pretending a Necessity wherein We could not disprove them to range the Country to get in the means that should enable them to serve As to their Apprehension for want of Redress to their Grievances We understand not what Grievances are thereby meant unless those delivered unto Us by the Arch-Bishop of Tuam on the first of April For other Grievances though We long expected and desired them We never 〈◊〉 save 〈…〉 on the 13th of March at Limerick which for the 〈…〉 and other misbecoming Passages contained in it was as â—uch disavowed by the Clergy then met And to those given Us on the first of April We return herewith such Answers as considering the Generality of them is possible for Us to give We have already with the Advice of the Commissioners and as We believe with the Approbation of such of the Bishops as were present appointed the Earl of Castle-Haven to command the Forces in Leinster And in Munster with 〈…〉 We have employed Colonel David Roch to command for a necessary Expedition besides there always is upon the Place one general Officer that will readily receive and employ any that shall be prevailed with to take Arms as is promised And in case We find fitting Obedience and Reception from the City of Limerick We shall in Person be ready to receive and conduct the Forces in the said Province In Vlster We have in Pursuance to the Agreement made with that Province given Commission to the Bishop of Clâ—gher and in Connaught the Lord Marquess of Clanrickard commands the Army We know no use to which any Money raised upon the People hath been employed but to the Maintenance of the Forces if you do We shall desire to be therein informed to the end that any past Misapplication thereof may be examined and punished and the like prevented in future To conlude We seriously recommend to your Consideration the ways of procuring such Obedience to his Majesty and his Authority in the general and particularly from the City of Limerick as may enable and encourage Us with Honour and Hope of Success according to Our Desire to use Our utmost Industry and encounter all Hazards for the Defence of this Kingdom and Nation against the Tyranny that will certainly be exercised upon them and the unsupportable Slavery they will be subject unto if the Rebels prevail And so We bid you heartily farewel from Loghreogh May 1. 1650. Your very loving Friend ORMOND Since the Writing hereof We have received a Message by a Committee and delivered by our very good Lord the Lord Viscount Taaffe whereunto We cannot return unto you other answer than what is contained in this Letter till We shall receive your Resolution thereupon which we desire may be with Expedition For the Arch-Bishops Nobility Bishops the Commissioners authorized by Us in Pursuance of the Articles of Peace and others assembled at Loghreogh Append. XLVII The Commissions to the Bishop of Fernes and Hugh Rochfort NOS Commissarii Deputati a Congregatione Cleri totius Regni Hiberniae habita in oppido James-town die sexto Augusti anno Salutis 1650. cum Authoritate Potestate ejusdem Congregationis ad tractanda disponenda expedienda agenda quaecunque negotia spectantia conducentia ad Catholicae hoc in Regno Religionis Regiorum Jurium hujus Nationis Conservationem prout constat ex Commissione Congregationis super hac data undecimo ejusdem Augusti 1650 reponentes especialem ac certam Fiduciam Confidentiam in Prudentia Fidelitate ac Integritate dilectorum nobis Illustrissimi Reverendissimi D. Nicoali Fâ—rensh Episcopi Fernensis Comitis Assistentis sacrae Capellae Pontificiae D. Hugonis de Rupe forti alias Rochford Armigeri constituimus nominavimus authorizavimus prout hisce constituimus nominamus authorizamus Procuratores nostros dictos Dominos Nicolaum Hugonem quemlibet illorum junctim seperatim nostro Catholicorum hujus Regni nomine ad proponendum agendum perficiendum ac conveniendum cum quovis Catholico Principe Statu Republica Persona aut Personis quodcunque negotium aut rem quae dictis Reverendissimo D. Nicolao D. Hugoni Procuratoribus nostris aut cuivis illorum junctim ac seperatim videbitur seu judicabitur necessaria expediens aut conducens ad Catholicae inter nos Religionis Regis Nationis Conservationem hisce promittimus spondemus ac in nos suscipimus nostro Catholicorum Regni nomine quod testificabimur approbabimus confirmabimus praestabimus quemcunque actum pactum aut
now absent upon the said deplorable Condition of this Kingdom brought unto the last ebb that may be imagined and after sad and serious Consultations had of the desperate Affairs thereof seeing no other human way possible to put some Life into this sad gasping Kingdom but by our Counsels Co-operation and Industry as is the common Sense of all our Folks who look upon us as their only Sanctuary and Relief against the Dangers hovering on them menacing no less than the total Ruin of our Nation judging our selves thereunto obliged by the Laws of God and Nature and by our Pastoral Charge and in pursuance of an OATH solemnly taken by all the Prelates ☜ Noblemen and Gentlemen that were of the Grand Committee upon concluding the Peace in case of not performing the Articles thereof to continue the Association and Union of the Confederate Catholicks and to do all Acts preservative of the same by virtue of which Oath the Prelates so sworn are authorized and bound to renew and maintain the said Union and Association therefore we have endeavoured to apply to those extream Maladies the best Salves and Remedies to us now appearing and consequently therefore issued our Declaration Yet fearing as God forbid that any irrational perverse or misled Person might give any Rubs and Disobedience to our said Declaration we have unanimously consented and assented to draw out and unsheath the most fearful Sword of Excommunication as we do by these Presents against all such wicked Imps of Satan in manner and form as followeth BY virtue of the Power given us by our Saviour Jesus Christ and by his holy Catholick Roman Church and See Apostolick as Pastors and Fathers of your Souls having first invoked the Grace of the Holy Spirit of God and having his Fear before our Eyes so that we aim at nothing but his Honour and Glory the Exaltation of his true Faith and the preservation of his forlorn Kingdom with his Majesty's Interest therein after mature Deliberation and sitting together we have and do by these Presents Anathematize and Excomunicate with the Major Excommunication ipso facto to be incurred without expecting any further Sentence And we do hereby separate from the Body and Communication of the Faithful and deliver unto the Power of Satan any Person or Persons of what Quality or Preheminence soever that will presume by Words Writing force of Arms privately or publickly by themselves or others to oppose or disobey our present Declaration or any part thereof We do likewise Excommunicate as above all the Advisers Relievers Abetters and Furtherers of those that will directly or indirectly infringe violate or countervene our present Sentence or Declaration Furthermore We do Excommunicate and Anathematize all our Unnatural Patriots and others of our Flocks that will adhere to the Common Enemy of God King and Country or will any ways help assist abet or favour them by bearing Arms for or with them or otherwise contributing to them without urgent Necessity Further in pursuance of our said Declaration We do Excommunicate as above all those that will side and adhere to the Lord Marquess of Ormond against our said Declaration by bearing Arms for him ☞ or his Party by giving him any Subsidy Contribution Monies or Intelligence or in any way strengthning securing advising or helping him or obeying his Commands against us or our right Intentions herein We do likewise suspend respectively ab officio beneficio voce activa passiva gratiis indultis privilegiis quibuscunque all and singular Ecclesiastical Persons Dignitaries Pastors Priests Chaplains either of the Army or private Families Regular and Secular and all other Ecclesiastical Persons whatsoever that will give Counsel or Advice against hinderance or opposition to our said Sentence or Declaration And for further strengthning of these our Act and Acts Sentence and Result we do hereby reserve the Absolution from the aboveâ—Excommunication and Censures to our Selves or to others that will be particularly authorized by us Finally We command respectively as aforesaid sub iisdem Penis Censuris all our under-Pastors Parish-Priests Religious Convents and other Communalties that inter missarum Solemnia or in publick Places and Sermons they publish this our present Declaration and Sentence of Excommunication and Suspension when and wheresoever they will be required so to do Given at James-Town under our Hand Aug. 12. 1650. Signed by H. Armacan and all the rest before-mentioned And we the under-named sitting at Galloway with the Commissioners authorized by the Congregation held at James-Town Sexto Augusti currentis do concur with the above-Sentence of Excommunication and Censures and withal do now make and firm the same as an Act of our own by our several Subscriptions Aug. 23. 1650. Thomas Cashell Jo. Laonen Episcopus Edmun. Limericen Rob. Corgan Cluan Fr. Terent. Immolacen Jac. Fallonus Vic. ApostolicusAcaden Fr. Petrus Tiernanus Proc. Ministri Provincialis Fratrum Minorum The Marquess of Ormond's Answer to the Declaration and Excommunication of the Popish Prelats at James-Town sent to the Assembly at Loghreagh the second day of October 1650. THAT in the Title of their Declaration they assume unto themselves a Power to declare against the continuance of his Majesty's Authority where he hath placed it needs no further Proof than the reading of it But whence they derive their Pretence to this Power we find not any where expressed nor by whom they are constituted Judges of the Misgovernment of the People the ill Conduct of his Majesty's Army or of the Violation of the Articles of Peace For the misgovernment of the People and ill Conduct of his Majesty's Army we acknowledg no earthly competent Judg of Us but his Majesty and the established Laws And for the violation of the Articles of Peace by the Consent even of all those Bishops unless there be gotten amongst them some that opposed the Peace and joined with those that assisted the English Rebels as long as they could give them hire the Trust of looking to the observance of the Articles of Peace was reposed by the General Assembly with whom the Peace was concluded in Thomas Lord Viscount Dillon and the rest of the Commissioners of Trust as appears by the said Articles Whereby we suppose it is clear that as the Bishops have arrogated to themselves an Unwarranted Power to declare against the continuance of his Majesty's Authority where he hath placed it and to be our Judges in the Government of the People and Conduct of the Army wherein we doubt whether their Skill be answerable to their desire to try it so have they as unwarrantably taken upon them to judg what is or is not a Violation of the Articles of Peace And in all they have endeavoured to invade and usurp both upon King and People bereaving the one of Royalty and the other of Freedom Now supposing they were the Monarchs they would be let the Grounds of their Excommunication set forth in all that we have seen
during the want of Judicatures every Man's Power would have been his Judg in his own Cause What the Presidency or President have done irregularly or contrary to the Articles of Peace they shall be brought to answer when they or he shall be particularly charged That Inns of Court have not been erected according to the Articles of Peace Posterity may tell us as loud as they please but if they have Schools to learn English enough to read the Articles of Peace they will find that his Majesty was only to enable the Natives of this Kingdom to erect one or more Inns of Court in or near the City of Dublin or elsewhere as should be thought fit by his Majesty's Lord-Lieutenant or other chief Governour or Governours for the time being Whereby by the scope of the Article which is for removing of Incapacities it is plain the said Inns of Court were not to be erected at his Majesty's Charge And sure no Man will have the impudence to say that We who had the honour to govern under his Majesty did give the least interruption to the erecting of them or that it was ever proposed to Us to give way to the erection of the said Inns. Whereof We confess there was never more need if their Property be to instruct the People in their Duty of Obedience and Government with this addition That to charge Us with want of doing Justice without instancing the particular Cases wherein We failed thereby taking from Us the means to vindicate our Self from so high a Crime is suitable to the Justice and Practices of these Declarers In the Fifth Article The Answer to the 5th Article We are again charged in general with disheartning Adventurers Undertakers and Owners and no Man named but Capt. Antonio nor the particular wherein he was disheartned set down We are further charged with reversing of Judgments legally given and definitively concluded before Our coming to Authority but no particular Judgment so reversed is or indeed can be instanced So that all We can answer to this part is That it is not true And for what remains We say That We placed the Power of the Admiralty in this Kingdom according to the Assemblies Instance and from time to time gave Commissions to such Persons as the Commissioners desired in several Parts to hear and determine Maritime Causes And as to the Sixth Article The Answer to the 6th Article is the same with the Answer to the first of the Grievances We must refer you to our Answer to the First Article of the pretended Grievances which was as followeth First We deny that they if thereby be meant the Roman-Catholick Clergy were not suffered to enjoy the Churches and Church-Livings which at the time of perfecting the Articles of Peace they possessed or that by the Articles of Peace they ought to possess And as to the Instances made in the Margent the Composers of this Article do very well know that their Possession of those Churches and Church-Livings were statly denied by the Protestant-Clergy And it is very well known to the Commissioners who followed that Business with diligence and earnestness enough that We never refused nor delayed to afford them any just means of bringing that Controversy to a final End till at length by Treachery and the Rebels Power the things controverted were lost to both Parties Nor was there any Complaint made unto Us since the conclusion of the Peace till now that the Romish Prelates or Pastors or any of them have been hindred from exercising their respective Jurisdictions and Functions amongst their Flocks except one Complaint made of the Governour of Dungarvan wherein we were ready to have given Redress upon hearing all Parties as should have been found fit if the said Complaint had been prosecuted We know of no Grant made by his Majesty of any Bishoprick whatsoever since the conclusion of the Peace nor can we find any Article of the Peace that restrains his Majesty from making such Grants so the Roman-Catholick Bishops be not thereby dispossessed of what they were possessed of upon conclusion of the Peace until his Majesty declare his Pleasure in a Free Parliament in this Kingdom And whatever his Majesty might intend to declare the making of Protestant Bishops could be no anticipation thereof to the Prejudice of the Roman-Catholicks since Bishops are held essentially necessary to the Exercise of the Religion of the Church of England And as to the Seventh Article We Answer The Answer to the 7th Article That it was conceived by the Ministers herein mentioned that where they had possession of the Church-Livings the Obventions here mentioned were also due to them But whether it were or not sure we are there was never any Complaint made to Us in this Particular till our coming to Tecroghan after the loss of Drogheda and that within a very little time after before the Truth of the Allegation could be examined the Towns of Munster revolted and the Business was so decided at least if any Difference of this kind continued in the County of Kerry which was longer held We never after Our being at Tecroghan heard of it that We remember To the 8th Article The Answer to the 8th Article we answer That no Complaint of any such Slavery imposed by the Lord President or Presidency was made to Us but on the contrary upon his Lordship's instance We directed our Letters to him to swear and admit of the Council of that Province the Lord Viscount Roch of Fermoy the Lord Viscount Muskery Major General Patrick Purcel Lieut. Col. Gerard Fitz-Morrice and others all which were written unto by the Lord President to come to him to be sworn accordingly whereof the Lord Muskry Major General Partick Pureell and Lieut. Col. Fitz-Morrice were sworn but the rest not coming according to the Letters could not be sworn For the improvidence of the Conduct of the Army The Answer to the 9th Article We shall only answer That it was as provident as We had means and skill to conduct it and for the Misfortune We ascribe that to the good Pleasure and Justice of God But how far forth the Disaster at Rathmines was shameful beyond any thing that ever hapned in Christianity as they express themselves We refer you to the Relation of what We have said upon that Subject in our Answer thereunto in what concerns the same in the pretended Grievances and to the Testimony of divers now there that were upon the place with us Concerning the Defeat at Rathmines This was in answer to the Grievances it is as with all Misfortunes of that Nature in War every Man at his pleasure making himself Judg of the Causes of them and many times without looking into or having knowledg of the true Condition of the beaten Party deliver their Judgments upon mistaken Grounds and for the most part are guided by their Passions either of Envy or Self-conceit of their own Abilities to judg
superciliously or malitiously of those Actions whereunto they are willing Strangers And this being a Disadvantage whereunto all Commanders have been and ever will be subject we have no Reason to expect an Exemption from it and might therefore pass by this Grievance reserving Our self for an Account of Our Actions till it were required from Us by him to whom only in this Case We are obliged to render one But such is our desire to satisfy those that are faithful to the Cause We have laboured in and may have been stumbled at that Chance of War that We shall give them the Reason and Grounds of Our Undertaking and of the supposed Omission recited in what remains of these Grievances And first it is necessary it should be understood that a little before the time of that Defeat the Condition of Affairs in this Kingdom stood thus The Provinces of Leinster Munster and Connaught were entirely reduced to his Majesty's Obedience except the City of Dublin and Balishannon which were block'd up with a small Number of our Men. But in Vlster the Rebels by the Assistance of Owen O-Neil and the Interruption given to the Lord Viscount Mountgomery by the Scotish Clergy had raised the Seige of London-Derry and were become Masters of the Field About the same time also We had certain Intelligence that Cromwel with a very strong Army a vast Sum of Money and great plenty of all Provisions was ready ship'd for this Kingdom And it was from good Hands intimated unto Us that he purposed his Descent in Munster and that he had Intelligence with some Governour of the Sea-ports there Hereupon it was taken into Consideration at a Council of War whether the blocking up of Dublin should be continued or whether We should not retire from thence to Drogheda Trym and the Garisons adjacent and prepare our selves for securing Munster and making a defensive or offensive War as occasion should afterwards be offered And of this Opinion We were the rather because it was there also concluded that the Lord President of Munster with a good Party of our best Horse should go into Munster to secure it and that the very Day we rose from Finglass and marched to Rathmines Reynolds landed with 600 Horse and 1500 Foot Hereunto it was strongly objected That if We sent away Our heavy Cannon which we proposed should be done the more to facilitate an orderly Retreat the People would despair of the taking of Dublin that they would accompt all that was done as good as nothing unless that City were reduced That they would not consider that the City was to be reduced by distressing it by blocking up which might have securely been done the way We proposed but taking the Matter to be given over and consequently despairing of the Ease they expected by the total Reduction of the Kingdom would grow more and more backward in their Contribution and perhaps be seduced to a Conjunction with Owen O-Neil and a Rejection of the Peace and his Majesty's Authority thereby established over them which even then We found was though under-hand privately and under other Pretences aimed at by some that since have taken the Advantage of the time to declare themselves without Disguise It was also objected that unless Dublin were reduced before Cromwel's Landing with the Force and Treasure we were sure he had in Readiness at the Water-side that it was to be feared he would be able to corrupt many of the English which considering the Treasure he brought with him and the want We were in might as reasonably be apprehended as that Owen O-Neil and his Party should have become Mercenary to Sir Charles Coot Perswaded by these Arguments delivered by the whole Council of War We were resolved to continue before Dublin and to endeavour to approach near unto it to the end to take from them within the Conveniency of grazing betwixt Our Camp and their Works which if it had been effected their Horses being 1200 must in three days have starved and then the Benefit of the Sea would have been with much ease taken from them which would so much have discouraged all their Souldiers that it was probable they would in a few Days more have forced their Officers to a Treaty and Surrender of the City It was then conceived that Baggatrath was the fittest Place to be fortified But before We gave Order for it We sent the Earl of Castle-haven General Preston Sir Arthur Ashton and Major General Purcel to view it who returned unto Us approving the Place as in all Respects fit for our Purpose We then gave the Major General Order to command thither in the beginning of the Night 1500 Foot with Materials to fortify which was the Number advised to be sent by those Persons that had seen it In the Morning at Day-break we went thither and finding the Work not advanced to Our Expectation found fault therewith The Major General told Us That he was so misguided from the Camp thither which was not an English Mile that he came not to the Place till an Hour before Day Yet such was the natural Strength of the Place that being helped with a few Hours Work We conceived it might very well be made good against any Attempt of the Enemy But the better to secure it We put the whole Army in Arms and appointed it to be drawn down near Baggatrath shewing every General Officer where his Charge was and appointing the drawing down some Cannon to an Eminency of Ground commanding the same and some of the Fields leading from Dublin thither And then having been up all Night partly in writing of Dispatches and to be in the better Readiness in case the Enemy upon discovering Our Men marching should sally We retired to take a little Rest which was about nine of the Clock About ten We wakened with the Noise of Shot and before we could get on Horseback Our 1500 Men were beaten out of Baggatrath and soon after was Sir William Vaughan kill'd and the Horse with him routed Whereupon all those in the left Wing except Our Brothers and Colonel Miles Reyly's Regiments ran away without once facing the Enemy and as was alledged which we have not heard disproved against their Officers uttermost Endeavour In short The Rebels gained Field after Field till they came up to the Ordnance and thence into the Rear of Us standing in a Field with a Party of Foot commanded by Colonel Gifford who gave very good Fire upon them for a while but upon Discovery of another Party of the Rebels marching up to their Front some called for Quarter others threw down their Arms and some continued Shooting Then We quitted the Field and endeavoured but in vain several times to rally the Horse These are the Grounds for continuing the blocking up Dublin and this is briefly as much of the manner of the Defeat as We were Witness of and can readily call to mind That his Majesty's Army on that side the River attempted by
others had so often and so solemnly made to Us of giving Us and procuring for Us all possible Compliance and Obedience the Result whereof appears in their Declaration Yet it is very well known that when-ever the Enemy drew towards the Shannon-side We drew together all the Men We could to the defence of the Passages which otherwise the Enemy had gained And whatever our Play and Merriment was We had certainly as great cause to grieve at the loss of a Kingdom to his Majesty as these Declarers who have not carried themselves so towards him as to expect a greater proportion of his Favour than We. In Answer to the 13th Article The Answer to the 13th Article We say that Drogheda was put into the Hands and Trust of Sir Arthur Ashton a Roman-Catholick and that of the Souldiers and Officers of that Garison the greater part were of that Religion That for Trym it was governed by Mr. Daniel O-Neil who though a Protestant was yet a Native of this Kingdom and one that had manifested great Affection to the Nation That the greater part of the Officers and Souldiers with him were Roman-Catholicks and that the Lord Viscount Dillon a Roman Catholick had Command over the said Daniel O-Neil For Dundalk it is known that Place was given up through the good Affection to his Majesty of divers Officers and Souldiers rather than forced by Siege or otherwise with some of whom We conceived it fit to leave the Charge thereof What Actions or Expressions of Ours they were that disheartned the Roman-Catholicks to fight or be under our Command is not here set down So that We can no otherwise answer to this than that We never did any such Action or let fall any such Expression but were indifferent in our Actions and Expressions of Civility and Respect to all the Officers of the Army What these Catholicks and many Thousands of the People with the Commissioners of Trust or the greater part of them might fear if We had mastered the Kingdom We are not to answer for But if they feared We would in case We had mastered the Kingdom have infringed any of the Articles of Peace their Fear was unjust and groundless nor have We ever before heard there was such a Fear in them To the 14th Article The Answer to the 14th Article We answer That they have in Truth no reason to speak of any particular Corruptions and Abuses in this Article generally mentioned that which they instance in Secretary Lane's having a Custodium of Kilbeggan being so false that he never had any thing to do with it If they had a true Instance We suppose they would not have spared to make use of it What Daniel O-Neil had they set not down nor till they do are We able to answer it If these pretended Grievances whereof most are disproved The Answer to the 15th Article and some confessed and proved to be no Breaches of the Peace were delivered to the Commissioners of Trust in February last We never saw them till September after the meeting at James-Town in August last And if hereby be meant that Paper of pretended Grievances without Title or Subscription whereunto We have sent you Our Answers We never saw them till the 17th of August last The Conclusion of their Declaration is a general Recapitulation of the Miseries and Desolation fallen upon the Kingdom and People in tragical and passionate Expressions Answer to the Conclusion endeavouring to infuse into them a belief that all those Afflictions are through Our means fallen upon them whereas We suppose We have made it evident That next to the good Pleasure of God to chastise the Nation the Reason thereof may most reasonably be attributed to the Sedition Disloyalty Pride Covetousness and Ambition to Rule of these Declarers whom We challenge to instance whom We have born down that would have fought for them or whom cherished or advanced that would or did betray them And where they say that some are inclining to submit to those they call the Parliament perswading themselves that there can be no safety under Our Government attended by Fate and Disaster as they express themselves more like Heathen-Poets than Christian-Bishops and Church-men it is known to some there that to Our certain knowledg divers Persons and Places of consideration would have submitted to the Enemy if We had gone rather than live under the Tyranny and Confusion of the Government projected by these by these Declares which was the principal Reason of Our stay as will We fear be too evidently verified when We are gone unless that Assembly prevent it by more prudent temperate and solid Determinations than these Men are capable of giving or receiving Next they say that for Prevention of those Evils and that the Kingdom should not be utterly lost to his Majesty and his Catholick Subjects they found themselves bound in Conscience to declare against the Continuance of his Majesty's Authority in Us and accordingly in their own Name and in the Name of the rest of the Catholicks of the Kingdom they do declare against the Continuance of his Majesty's Authority in Us having by Our Misgovernment and ill Conduct of the Army and Breach of Publick Faith rendred our Self uncapable of continuing that great Trust any longer To which We answer ☜ That to prevent the Loss of the Kingdom to his Majesty they take the Kingdom to themselves and without so much as making any Address to him or pretending to have received any Direction or Commission from him they declare to the People that they are no longer obliged to obey any Orders or Commands of the Person by Commission authorized from Him but until a General assembly may conveniently be called or until upon application to his Majesty he settle the same elsewhere to observe the form of Government the said Congregation shall prescribe Whereby is to be observed that as they take it upon them when they please and in the highest Temporal Affairs in the World to declare the Sense of the People without their Consent a thing that We have never read or heard was ever till now pretended to by King Pope or Clergy so they evidently assume the Power of dissolving and erecting the Temporal Government of the Kingdom And this they say they found themselves bound in Conscience to do Which being a pretence inscrutable and at all times readily to be taken up can only be answered by the Laws of the Land the will not allow the Excuse of Conscience for taking a Purse on the Highway or to come home to this Matter for Acts of High-Treason For the Clause viz. or until upon application to his Majesty he settle the same elsewhere it is inserted with purpose to abuse the People with a belief of their Loyalty ☜ when they have first incited them to Rebellion Touching the Complaint they say they will make against Us to his Majesty it should in Reason and Justice have
signing this Declaration were actually there consenting to the Peace and all the Congregation either at or after the conclusion of the Peace subscribed to it So that by the general Consent of the Congregation first or last Thomas Lord Viscount Dillon Donogh Lord Viscount Muskery c. were to look to the performance of the Articles of Peace and thereby had greater pretence to be proper Judges of the Violation of the said Articles than this Congregation Yet without consulting them they publish this Declaration and fulminate their Excommunication against any that should adhere to Us among other things for pretended Violation of the Peace and would not by the said Commissioners be perswaded to retract it Where they say We neither did nor could demonstrate unto them any way of preserving the Remainder of the Kingdom under Our Government it was a Question never asked of Us either by the Bishop of Dromore and Dr. Charles Kelly who brought Us the Message or by the Bishops of Cork and Clonfert that were sent to Us for Our Answer or indeed by any other If such a Question had been moved to Us We should doubtless have answered That the most probable way of preserving the Remainder of the Kingdom was by the chearful Submission of the Cities Towns and People to the rightful Authority placed over them And if the Congregation or as many of them as are now there should be put to shew a more probable way or to quit the Kingdom it is possible it might be fit for them to think of their Voyage as it might in such case be reasonably hoped the Kingdom might be preserved Thus have We gone through and answered all that we could ever see or hear objected against us by the Congregation and acquainted you by what Steps they have proceeded to their Declaration and Excommunication wherein we have recited their own Words and related their own Actions so truly that they cannot if they would deny any part of what we have set down as theirs and therein also we have been the more particular because it is doubtful whether ever we shall have another Opportunity of vindicating our Self from false Aspersions cast upon our Person and Actions Appendix XLIX The Information of the Marquess of Antrim MY Lord of Antrim by Letters earnestly pressing to a Conference with us whose Names are underwritten being then at the Camp of Killahan in the County of Meath there was a Meeting with his Lordship assented unto and accordingly we this Day being the 9th of May 1650 met him at Miltown between Killahan and Killehan in the said County where and when amongst other Discourses and particularly concerning a Commission supposed to have been by the late King given to the Irish for their rising and acting as they have done in Ireland on the 23d Day of October 1641 and after he the said Lord of Antrim said that he knew nothing of any such Commission but that the late King before the said rising of the Irish in Ireland sent one Thomas Bourk Kinsman to the Earl of Clanrickard to the Lord of Ormond and to him the Lord of Antrim with a Message That it was the King's Pleasure and Command that those eight thousand Men raised by the Earl of Strafford in Ireland should be continued without disbanding and that they should be made up twenty Thousand and that they should be armed out of the Store of Dublin and imployed against the Parliament and particularly that the Castle of Dublin should be surprized and secured which the said Lord of Antrim's Discourse in Substance aforesaid was delivered at the Time and Place before mentioned in the Presence of us Signed John Reynolds Henry Clogher The 11th of May 1650 another Meeting was given by us undernamed to the Lord of Antrim at the aforesaid Place when and where amongst other Discourses and in pursuance of that formerly by his Lordship delivered of the King's Instructions concerning the rising of the Irish in Ireland the Lord of Antrim further added That the Letters of Credence by the late King to Thomas Bourke before mentioned were in Substance as followeth Thomas Bourk you are to repair to Ormond and Antrim in Ireland who are to give Credit to what you are to say to them from Us. C. R. Which Letter of Credit being by the said Bourk shewed to Ormond and to him the Lord of Antrim he the said Bourk declared the King's Pleasure concerning the said eight thousand Men and what is before particularly mentioned in his Lordship's Discourse on the 9th Instant which we the Subscribers have read the same in Substance being repeated to us by the Lord of Antrim The said Lord of Antrim further said in our Presence That after the Declaration to the Lord of Ormond and to him the Lord of Antrim made by the said Bourk of the King's Pleasure as aforesaid they the Lords of Ormond and Antrim endeavoured a Meeting with each other for ordering Affairs accordingly but there being as they supposed jealous Eyes over them they could not for a time compass it conveniently he said that in the Parliament then sitting at Dublin they would often take occasion to retire into the withdrawing Room belonging to the Lords House of Parliament in the Castle of Dublin but being followed by others they had not their Conveniency for Discourse which they desired That having appointed a Meeting at the Bowling-Ally in the Colledg-green in Dublin they would there sometimes exchange some Words but having at length gained a fit Opportunity for a Meeting after some Debates it was by them concluded That present Dispatch should be made and sent to the King of that resolved on for his Service Ormond asking Antrim Whom he would employ in that Business to the King he answered that he would send the Lord Macgnire And I said Ormond will send over my Lord of Muskery and a time being appointed for preparing the said Dispatches they then parted but after some Days Ormond again meeting with him the Lord of Antrim told him that Dublin was no convenient Place for their Business that therefore the Lord of Ormond would retire into the Country for preparing of the said Dispatches desiring him the Lord of Antrim to meet him at a time appointed at Kilka in the County of Kildare belonging to the late Countess-Dowager of Kildare whither Ormond said he would come on Pretence of a hawking Recreation and that there they might discourse of all things freely That the time of meeting drawing nigh and the Lord of Antrim prepared for it he was therein prevented by a Message from Ormond wherewithal Colonel John Barry was sent intimating that the Lord of Ormond having considered of the Business he conceived it convenient that one of them two should repair to the King immediately rather than so great an Affair should be trusted by any other That for himself he said that being a Stranger at Court his going thither could not be without Suspicion but that he the
of Tanistry and Gavelkind abolished 10 Commission of Grace 11 15 32 Case of Tâ—nures 56 Conaught Transactions there An. 1641 97 Anno 1642. 113 Anno 1643. 113 Anno 1644. 146 Anno 1645. 159 Anno 1646. 190 Anno 1647. 198 Anno 1648. 203 Coot Sir Charles slain at Trim 107 Committee of English Parliament sent over and what they did 108 109. Cessation treated of 130 and concluded 133 how resented 133 wherein violated 135 Cessation between the Irish Insiquin 199 Cromwel landed at Dublin C. 2. 7 and takes Tredagh C. 2. 8 and Wexford C. 2. 9 and Ross ibid. 10 and Clonmell ibid. 10 returns to England ibid. 17 Clanrickard Marquess made Lord-Deputy C. 2. 52 High Commission Court and what they did C. 2. 70 D. O Dogharty rebells 13 and is slain 14 E. Earls of Tyrconnell and Antrim created 8 Earl of Castlehaven executed 54 F. Lord Falkland Lord-Deputy 39 has a Controversy with the Chancellor 42 is removed 53 G. Glamorgan Earl sent to Ireland 150 makes a secret Peace with the Irish 154 is committed 155 his Opinion of the Irish 157 Grant Winter his Negotiation 194 Galloway surrendred C. 2. 69 H. Hartegan's Letter 149 I. Irish demand Toleration of Religion 8 43 and obtain Graces 45 whereupon they grow 〈◊〉 53 they desire to inspect the Store 71 and universally rebel 72 and enter into an Association 123 and appoint a Government 125 and send Ambassadors to Foreign Princes 149 197. Instances of their Disloyalty C. 2. 54 Lords Justices Jones and Denham 33 Ely and Powerscourt 36 Ely and Cork 53 Ely and Wandesford 59 Dillon and Parsons 64 Parsons and Burlace ibid. Burlace and Titchburn 127 Inquisitions into the King's Title 56 Ireton has command of the Army C. 2. 17 and takes Waterford C. 2. 56 and Limerick ibid. 69 and dies ibid. K. King James of Irish Extraction 1 his Title to the Crown 2 his Declaration against the Rebel Earls of Tyrone and Tyrconnel 12 his Speech to the 〈◊〉 Irish 25 his Answer about Sir Oliver St. John â— 35 King Charles Crowned 41 sends notice of the Irish Conspiracy 65 and Proclamations against the Rebels 86 and surrenders himself to the Scots 164 King Charles II. proclaimed C. 2. 1 declares against the Peace of 1648. C. 2. 34 L. Lalor the Priest indicted of Premunirâ— 11 his Equivocation ibid. London City their Articles with the King about their Plantation in Ulster 16 Lords of Kerâ—y and Slane dispute Precedency 29 Lords Courcey and Saâ—sfield dispute the Title of Kingsale 43 Lord High Steward appointed to try Lord Dunboyn by his Peers 42 Limerick deals barbarously with the Heralds 166 and as bad by the Ld Lieut. C. 2. 21 is taken by Ireton C. 2. 69 Lorrain Duke his Negotiation 25 27 M. Mountjoy Lord made Lord Lieutenant 8 goes to England ibid. Monasteries rebuilt 10 Meleâ—ont surrender'd 82 Munster the Transactions there An. 41. 93 Anno 1642. iii 1643. 129 143 1644. 144 1645. 157 1646. 189 1647. 196 1648. 203 Munster Towns revolt C. 2. 12 Mahonyes libellous Book publish'd 198 N. O-Neil Sir Phelim repuls'd at Lisnegarvy 82 yet refused to treat of Peace 87 Nuncio arriâ—es 153 and opposes conclusion of the Peace 155 and delares against it when made 166 and endeavours to intercept the Lord Lieutenant 169 is Generalissimo of two Armies C. 2. 17 which he march'd to Dublin 17 and prefers a 〈◊〉 Wrâ—tch to a 〈◊〉 20â— and Excommunicateâ— the Supram Council c. 199 and leaves the Kingdom C. 2. 3 O. Ormond comes to Dublin 75 obtâ—â—â—â— a Victory in Kilrush 106 and another at Roâ—â— 3 is made Lord Lieutenant 137 is like to be intercepted by the Nâ—â—â—â—io's Party 169 therefore Treate with the Parliament of England 179 and renews that Treaty 187 and surrenders Dublin 193 but returns to Ireland 202 and concludes the Peace of 1648. 204 marches towards Dublin C. 2. 4 is defeated at Rathmines C. 2. 7 Excommunicated by the Irish C. 2. 31 and leaves the Kingdom C. 2. 5â— Oxford the Negotiation of the Irish Agâ—nts there 138 139 140 141. 〈◊〉 P. Papists generally come to Church 9 are mutinous in the Parliament 23 send Agents to England 25 revolâ—e from the Army 86 Parliament intended in Ireland 18 and called 21 disturb'd by the Papists 22 but 〈◊〉 with Effect 30 Plot of the Irish of Ulster discovered 33 another Plot discovered 56 Pope forbids the Oath of Allegiance 141 sende a Bull to the Irish 12â— Proclamation against Popish Clergy 53 St. Patricks Purgatory discovered to be a Cheat 54 Parliament of Ireland sâ—â—d a Râ—monstrance to England 61 and a Petition with a Schedule of Grievances 164 and impeach the Bishop of Derry 〈◊〉 Lord Chanceller c. 65 i◠〈◊〉 Annâ— 1644. 137 and makes a Remonstrance of Thanks to Ormond 188 Pale Lords and 〈◊〉 of it rebel 76 83 are ill used by the Irish of Ulster 93 Peace 〈◊〉 of Anno 1644. 143 the Treaty resum'd Anno 1645. 150 Lord Digby's Letter to hasten it 151 the Assâ—â—blies Declaration concerning it 152 it is opposed by the Nuntio 155 and â—â—butâ—d in the Assembly 156 but is concluded 162 and published 165 and immediately broken 166 and rejected by the Assembly 185 Peace of 1648 made 204 Preston General proclaims the Peace 165 and breaks it 170 his Letter on that Occasion 170 his O-Neals 〈◊〉 Propositions 173 his Engagement and Oath to the Nuntio 170 yet he agrees with Ormond 181 and breaks that Agreement 182 for which Ormond reproaches him 183 Popish Clergy meet at Kilkenny 123 and at Waterford 166 and at Clâ—anmacnoise C. 2. 14 and deal deceitfully with Insiquin and Ormond C. 2. 19 they meet at Jamesâ—Town C. 2. 25 and Excommunicate the Lord Lieutenant and endeavour to revive their first Confederacy C. 2. 50 53 R. Rebellion of the Irish 1641. 72 â—ruel beyond Example 73 93 and no less treacherous 77 79 82 discovered by Owen Oâ—Conally 74 Lords of the Pale engaged in it 76 Irish pretend the Kings Commission 78 Declarat of Irish Parlm against it 80 the King's Proclamation against it 86 Read Sir John rackâ— and why 104 Remonstrance from Longford 80 from the Irish at Trim 110 Rupert Prince at Kingâ—ale C. 2. 1 S. St. John Sir Olâ—ver Lord Deputy 33 is removed 36 and made Lord Grandison c. 36 Spanlard has liberty to raise 4000 Men in Ireland 71 Supream Council appointed 126 are imprisoned by the Nuntio 170 make Cessation with Insiquin 199 are Excommunicat by the Nuntio ib. T. Tyrone Earl renews his submission â— rebels again 12 and is attaâ—â—â—ed ibid. Tredagh besieged by the Irish 88 taken by Insiquin Cromwel C. 2. 4 8 V. Vniversities of Valadolid and Salamanca their judgment 3 Usher Bishop of Meath preaches before the State 39 but is forced to explain his Sermon ib. Ulster Transactions Anno 1641. 98 Anno 1642. 114 1644. 147 1645. 160 1646. 190 1647. 198 1648. 203 W. Waterford loses its Liberties 34 Wentworth Lord made Ld Deputy 55 calls a Parliament ibid. which gave six Subsidies ibid. be returns to England 57 his Speech at the Council-Board ibid. he returns to Ireland 58 and back to England 59 and returns Earl of Strafford and Lord Lieutenant ibid. holds a Parliament which grants four Subsidies ibid. his Impeachment and Defence 66 A Table to the Appendix I. A Letter from the City of Cork II. Owen O-Conally's Examination III. The Irish Remonstrance from Longford IV. The Lords Justices and Councils Letter to the King V. The Irish 〈…〉 VI. An excellent Answer to it VII The Lord Macgâ—â—re's Examination VIII The Lord of Gâ—rmanstown's Commission IX Dr. Jones's Examination X. Dr. Maxwell's Examination XI The Irish Declaration upon what Terms Protestants might live in their Quarters XII The Declaration of the Irish Parliament against the Rebellion XIII The King 's Proclamat against the Rebellion XIV The Irish Oath of Association XV. The Pope's Bull. XVI The Articles of Cessation XVII The Lord Insiquin's Complaint for the Breaches thereof XVIII The Declaration of the English Parliament against the Cessation XIX A Proclamation of an Irish Governor against Commerce with the English XX. The Army's Remonstrance XXI 〈◊〉 Propositions of the Irish Protestants to the King at Oxford XXII Instructions on which they were founded XXIII The Irish Propositions at Oxford and the Answers 〈◊〉 them XXIV The 〈◊〉 of Peace 1646. XXV The Munster â—â—tition against that Peace XXVI The Articles between Sir Kenelm Digby and the Pope XXVII Articles made with the E. of Glamorgaâ— XXVIII The Kings Letter about Glamorgans Peace XXIX The Determination of the Popish Clergy about restoring Churches to the Protestants XXX The Declaration of the Congregation at Waterford against the Peace of 1646. XXXI The Nuncio's Excommunication of the Aâ—â—erents to the 〈◊〉 of 1646. XXXII Preston's Engagement Oath to Nuncio XXXIII Marquesâ— of Clanrickard's Engagement XXXIV Preston's Engagement to the L. Lieutenant XXXV The Declaration of the Papists against the renewed Peace XXXVI The Declaration of the Assembly against the Peace of 1646. XXXVII Clanrickard's Letter about the Proceedings of the Irish XXXVIII Articles between the Mâ—rquesâ— of Ormond and the Parliament Commissioners XXXIX The Remonstrance of the Army in Munster January 1647. XL. Instructions for the Irish Ambassadors 〈◊〉 Foreign Princes XLI Friar King's Letter to the Tâ—t 〈…〉 XLII Ormond's Declaration on his arrival 1648. XLIII Articles of Peace 1648. XLIV A Circular Letter from the Popish Clergy in approbation thereof XLV Remedies proposed by the Popish Clergy and the Answer XLVI The Address of the Popish Clergy to the Lord Lieutenant and the Answer XLVII The Commissions to the Titular Bishop of Fâ—rns c. to treat with Foreign Princes XLVIII The Declaration and Excommunication of the Lord Lieutenant by the Popish Clergy at James-Town XLIX Marquess of 〈◊〉 Information and the Observations thereupon Errata in the Letter Page 14. line 29. dele fourty Page 17. dele 1678 in the Margent
time Macguire also submitted and promis'd to repair Eniskilling at his own charge and the Earl of Tyrone with about 600 Foot and 60 Horse were retir'd into an inaccessible Fastness at the end of Logherne But there being a Rumor that the Spaniards were again landed in Munster Sir Henry Dockwra was posted at Agher and Sir Arthur Chichester at Fort Montjoy and the Lord Deputy on the 11th of September return'd to Newry and soon after to Dublin and in November Rory O Donell and most of the O Relyes submitted unto him Morison 249. and on the 12th of November the Earl of Tyrone sent him an absolute Submission very handsomly worded and yet at the same time he wrote to O Connor Sligo not to make a separate Peace but that they should stand or fall together In the mean time Sir Oliver Lambert had driven the Burks and their Mac William out of the County of Mayo and on the 18th of November the Deputy began his Journey to Connaugh and on the second of December he came to Athloan and on the 14th of December O Connor Sligo and Rory O Donell came thither and made their Submission to him and although O Connor did act his part well and alleadg'd many plausible excuses yet O Donell not only out-did him but also exceeded all others that had submitted to that day for he was very frank and generous in his Deportment and submitted without Capitulation or Condition which was the more regarded because he was a man of Parts and Courage but the difficulty was how to compromise the matter between him and Sir Neal Garve who was no better than an insatiable unruly Beast The Deputy kept Christmas at Galway and there received into favour the Flahertyes Mac Dermonds O Connor roe and others so that only the sickle and treacherous O Rourk notwithstanding his Letters to the Deputy that he would submit and Tyrones Macguire and Tyrrell persisted in this Rebellion with the Earl of Tyrone The Deputy ordered that the Fort of Gallaway should be finished and appointed three several small Armies to attack O Rourk but because it may seem that these people could never relapse and apostatize as many of them did if there had been any obligation laid upon them to be loyal I thought it not unnecessary to inform the Reader that every man that submitted took the following Oath First Morison 251 I Do acknowledge Elizabeth by the Grace of God Queen of England France and Ireland to be the only true Absolute and Soveraign Lady of this Realm of Ireland and of every part and of all the People thereof unto whose gracious mercy I do humbly submit my Land and Goods and with all faithful Repentance for my unnatural Disobedience unto her Royal Majesty do most earnestly implore her Mercy and Pardon for my self and such of my Followers as with me have been seduced to this wicked Rebellion Further I do renounce all and any manner of Obedience unto any other Power or Potentate which I owe only to my dread Soveraign Elizabeth and utterly abjure any dependancy and adherence to any of her Enemies whatsoever or disloyal Subjects and do promise swear and vow from henceforth to live in her Subjection in all Duty and Obedience and to use my best endeavours to the utmost of my power to withstand and confound any Enemy either forreign or domestick that shall attempt any thing against the Sacred Person or Estate of her Majesty or to the hurt of her faithful and obedient Subjects And especially and namely I do renounce as before and promise my endeavours as aforesaid against the King of Spain and the Arch-Traytor the Earl of Tyrone About the latter end of January the Lord Deputy returned to Dublin having engaged Rory O Donell to prosecute O Rourk and in the beginning of March some Forces were sent to help Sir Arthur Chichester to expel Brian mac Art who had secretly entered Killultagh with 500 men and they performed that Service effectually Morisin 271. and brought the Rebels to so low a condition that they saw three Children eating the Entrails of their dead Mother upon whose Flesh they had fed twenty days and roasted it by a slow Fire and it was manifest that some older people had been in that starving condition that they murdered and eat Children for a long time together and were at last discovered and executed for that Barbarity In short the Famine of Jerusalem did not exceed that amongst the Rebels of Ireland and therefore it is no wonder that on the 30th of March 1602. Cambd. Eliz. 658. the Earl of Tyrone not knowing the Queen's death did at Melifont in most humble manner and upon his knees make his submission to the Deputy tho' at the same time Sir Neal Garve being discontented did with Mac Swiny concert the measures of a new Rebellion and took upon him the name of O Donell and made the people swear Fealty to him In Munster the Irish by the contrivance of O Sullevan Bear had surprized the Castle of Dunboy and taken it from the Spaniards in February whereat Don John was exceedingly troubled and offered to go in person to recover the Castle that it might be surrendered according to Capitulations 1601. but the Deputy and President who were willing to be rid of him excus'd him for that and told him They would take care to reduce the Irish to their Duty and so Don John and his Spaniards imbarqu'd for Spain on the 8th although they did not set sail till the 16th of March In the mean time O Sullevan was busie fortifying Dunboy and had hired Tirrell William Burk and others with 1000 〈◊〉 for his defence and the President was not idle but on the 9th of March sent the Earl of Twomond with 1200 Foot and 10 Horse into Carbery and Bantry to destroy those Countries and to view Dunboy that he might be the better able to provide for its Reduction but the Earl could march no farther than Bantry where he left five Companies in Garrison and returned to Cork On the 23th of April the President marched from Cork to Awnebuy 1602. and on the 24th came to Tymoleague the 25th to Ross the 26th to Castlehaven the 27th to Baltimore the 29th to Kilcoe and the 30th to Castle-Carew alias Dowminark On the first of May Capt. Taaf took a Prey of 300 Cows and many Sheep and on the second Capt. John Barry brought in another Prey of 500 Cows 300 Sheep and 300 Garrans and on the 8th 300 men were in the night sent to Artully to meet Sir Charles Wilmott's Forces and to conduct them to the Camp which was effected to the great grief of the Rebels and a Prey of 4000 Cows was taken in Iveragh This Sir Charles Wilmot had done great Services in Kerry where he took the Castles of Lixnaw Ballyhow Castle-Gregory and Raâ—ane and defeated the Knight of Kerry and forced him and Damell mac Carty to submit But the